Non-exit notification as a preventive measure

A non-leave warrant is a measure to detain a person accused or suspected of committing a crime in accordance with the CPC rules from committing acts that impede the progress of the investigation, as well as those aimed at avoiding liability. It is a written document obliging the person in respect of whom it acts not to leave the place of residence or residence without the consent of the prosecutor, investigator or court.

The grounds for imposing a preventive measure

It should be noted that the undertaking not to leave the place is one of the easiest restrictions of legal human rights. Such a measure of restraint is imposed only in those exceptional cases when the investigating authorities have sufficient grounds to believe that a person can and can escape. At the same time, this form of restriction of human rights is of an abstract nature. If the investigating authorities knew for certain that a person had participated directly or indirectly in the commission of a crime and could have fled, a different measure would be chosen, for example detention. In addition, when appointing such a measure as a written undertaking not to leave, certain circumstances should be taken into account. This concerns first of all the gravity of the offense, the age of the suspect or the accused, the state of his health, family problems and other subjective factors.

The bodies and officials authorized to choose the measure of restraint

The list of persons who are authorized to choose a preventive measure is clearly enshrined in the Code of Criminal Procedure. So, the resolution on subscription on non-exit is authorized to accept persons performing inquest, investigation, and also court. In the event that a person urgently needs to leave his place of residence or stay, he must in writing submit an application to the official who directs the investigation, in order to obtain a written permission to perform such actions. The official conducting the inquiry can either allow the person to leave the place of residence, or prohibit. In case of a positive result, a written document is drawn up. A copy of it is transferred to the accused or the suspect. In case of refusal, the accused, in respect of which the subscription on recognizance does not apply, may appeal this decision to the prosecutor's office.

Terms of choosing preventive measures

It should be noted that a written undertaking not to leave the place can be chosen for both the suspect and the accused person. In the event that such a measure of restraint is imposed on the suspect, it is 10 days. If after the expiration of this term the charge is not presented to him, the subscription loses its validity. On the other hand, the subscription must be terminated by an appropriate resolution. If it does not exist, and after 10 days the person violated this subscription, and he was not charged, it is unlikely that there will be negative consequences.

A different situation for the accused. If there is a written undertaking not to leave the place, the time limits for which it is distributed are indicated directly in the document. If it indicates that it operates before the end of the investigation, then you have to wait. In addition, a written undertaking not to leave may be indicated that its effect extends to the entire period of the trial.