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The use of preventive measures is not always unambiguously regarded by law. The most reasoned will be the definition of a court confirmed by different examples.
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If there is no such thing, then you should understand how to make a petition for changing the preventive measure in 2019. This document will abolish the initial decision on production. And this in different situations will be useful and objective in relation to the accused.
What you need to know
The Russian legal system is arranged in such a way that the suspect has all the opportunities to avoid concluding. A preventive measure is easily disputed and the court decision can be changed.
It is worth understanding that the procedure for petitioning will be difficult. This is due to the peculiarities of the preparation and application of the document.
Since immediately after making a decision, the accused will be sent into custody. Protect his interests will be most comfortable when using the representative.
It also constitutes all the documentation and conducts procedural actions. But there is no such possibility and the defendant itself has the legal right to file the court of petitions.
Document drawing should be carried out legal norms. Although the form of this paper in regulatory acts Not spelled out and not installed. The law allows you to use a free form.
This makes the procedure for filing a document simpler. Filling the paper with information is the most important part. And it is suitable with full responsibility.
Basic concepts
Legal norms require conjugation with the terminological base. Based on this format, there is a direct need to correctly interpret the lexical component in relation to this issue:
| Term | Its value |
| Petition | Used in the form of a document or oral application in judicial processes. It is a statement that conveys the court information concerning dispute, violations on consideration. At the expense of outlined facts and arguments, the applicant constitutes a court in carrying out any actions. They must be justified from the point of view of the current legislation. |
| Arrest | Action that is aimed at imprisonment. The basis for this process is the implementation of a judicial investigation. The purpose of the arrest is to limit the capabilities of the accused suspected of a repeated impairment and impact on the investigation |
| Preventive measure | This is a concept that is used exclusively in criminal proceedings and on the basis of relevant legislation. The measure acts as a restriction of freedoms and the rights of the person who is determined by legislative grounds and is applied by the bodies of inquiry, investigators and trial |
In which cases is served
Compile the document is subject to certain bases. Change the measure of preventable possible:
These moments are considered based on individual indicators. For example, the reason for changing the preventive measure to the softer can serve the need to work and contain dependents.
As aggravating reasons indicate:
- rendering impact on witnesses, participants in the case;
- attempt to bribe judges, prosecutor;
- the ability to hide from the investigation (there are preventive attempts).
What the Law says
The main regulatory documentation in this case enters the criminal procedural code Russian Federation. It contains basic information about the preparation of this type of documentation..
Specific conditions for changing the preventive measure are established by Article 110 of the Code of Criminal Procedure. It says that it is possible if a suspect or accused has a difficult disease.
Also, this process is regulated by the investigator, the court or the investigator. In some cases, everything begins with the sanction of the prosecutor or the head of the investigative body.
Resolution of the Plenum of the Armed Forces of the Russian Federation No. 41 "On the practice of applications by the courts of legislation on preventive measures in the form of detention, home arrest and pledge" in paragraphs 5 and 6 establishes specific options for resolving different situations.
And it says that it should be relying on Article 97 of the Code of Criminal Procedure. Since in this part regulatory document There are grounds for determining the preventive measure.
In accordance with such a paragraph, the resolution of the Plenum obliges to prove the feasibility of one or another measure. If there are no objective factors, the rigid restriction of freedom cannot be applied.
Features of writing a petition for a change in the preventive measure to a softer
In order to draw up a truly effective document, it is worth relying on current practitioner. In Russia, mitigation measures can be obtained quite simple. This item has an ambiguous structure, because it is easily disputed.
The protection side is required to provide evidence that such a measure too limits human freedom. And plus, such actions do not have sufficient grounds.
So it infringe on the right of persons. The document describe all items and rely on cases of judicial practice Russia and other countries.
Finding Regulations (sample)
Appointment of petitions are usually carried out using samples. They allow:
- apply legal vocabulary, formulation - when writing for the investigator or court;
- use legislative Base in the right key;
- repeat on the document is true.
The legislation does not establish a specific sample, but it is possible to use for any jurisdiction:
On home arrest
In the event of a choice of home arrest, it is worth justifying the need for a citizen in such a content. Here are an argument that will convince the court:
- the inability to influence the investigation;
- good behavior, no drives;
- cooperation of the defendant with a consequence, repentance in the deed;
- the need for health is to stay at home.
The arguments are adjusted under the situation, since the most important item will be the documentation.
The use of an argument in the form of a severe illness requires the provision of certificates from a doctor, conclusions. An exemplary version of the document can be.
On bail
The use of the option pledge does not always end with success. The financial position of the citizen in many respects can convince the court to abandon such an option.
If at the very beginning of the investigation failed to achieve a similar solution, then there is little chance of challenging. The petition is to serve immediately and use the most suitable arguments.
Plus, it is necessary to understand what amount of pledge can be applied. Since the court itself establishes the final bar. And it can not always approach the suspect.
The sample document looks like this:
Other species
There are some more options for softening the preventive measure. The most common is. It suggests not only the imposition of restrictions on the exit, but also other ways to control.
In case of violation of the regime to a citizen, more stringent preventive options will be applied. Document drawing is worth starting with the selection of circumstances.
This way of limiting freedom allows person to have more temptations and opportunities to hide from investigation and court.To convince the court in providing a non-recognition subscription, you need to write a sufficiently long list of bases. Plus, they are necessarily reinforced by documents.
Attached documents
As supporting papers, copies should be made against the decree on the election of the preventive measure.
What to pay attention to
In the Russian Federation, legislation stands to protect the rights of both parties. If according to its positions, it is possible to soften the preventive measure, then the court will approve the petition. If the abuse of their rights is carried out, then it will be fully refused.
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