How does the court choose a preventive measure: arrest, bail or house arrest?
When a person is suspected of committing a crime, the court may impose a preventive measure – a temporary restriction of freedom or certain obligations – to prevent possible evasion of justice. This is not a punishment, but a way to control the suspect’s behavior. Preventive measures can be mild (e.g., personal commitment) or severe …
When a person is suspected of committing a crime, the court may impose a preventive measure – a temporary restriction of freedom or certain obligations – to prevent possible evasion of justice. This is not a punishment, but a way to control the suspect’s behavior.
Preventive measures can be mild (e.g., personal commitment) or severe (custody). The choice depends on the nature of the crime, the suspect’s behavior, and the risks involved.
What are the precautions?
The court may choose one of five options:
- Personal undertaking – the suspect signs a document undertaking to fulfill certain requirements, such as not leaving the city or appearing before the investigator.
- Personal guarantee – an authoritative person (e.g., a deputy or a prominent public figure) guarantees in writing that the suspect will fulfill his or her obligations.
- Bail – the court determines a certain amount that the suspect or his or her relatives can pay to keep him or her free. If the person violates the conditions, the money is confiscated.
- House arrest – the suspect is prohibited from leaving his or her home or is restricted from moving around during certain times of the day.
- Detention is the most severe measure of restraint, which is used only in extreme cases when there is a risk of escape, pressure on witnesses or reoffending.
How does the court choose a preventive measure?
To determine which preventive measure to choose, the judge takes into account several factors:
- Reasonableness of the suspicion – the court checks whether there is sufficient evidence to believe that the person has indeed committed a crime and that a preventive measure should be applied to him or her.
- Evidence available – if there is insufficient evidence, the court may choose a lenient option.
- Social ties – having a family, job, place of residence indicates that the person will not flee.
- Risks – whether the suspect can destroy evidence, escape, influence witnesses, or repeat the crime.
- Health status and age – the court takes into account whether the person can be held in custody without harm to life and health.
Can a preventive measure be appealed?
For example, if a person believes that the court has imposed a measure of restraint that is too severe, his or her lawyer can file an appeal. It is also possible to review the decision if circumstances have changed, for example, if new evidence has emerged or if the suspect complies with all the court’s requirements.
Precautionary measures are a balance between public safety and human rights. They should prevent crimes and at the same time not punish innocent people, as Ukraine has a presumption of innocence.
Therefore, the court must carefully assess all the risks in order to choose a fair measure – without unduly restricting a person’s rights, but with a guarantee that he or she will not flee and this will not affect the course of the investigation.