Today we will find out what a recognizance not to leave is and what are the grounds for receiving it. What to do if you were given such a document? What restrictions will be imposed on you and what is due for violation of the conditions? About all this - further. In general, a written undertaking not to leave the place is not always and not scary for everyone. Just some inconvenience you have. For citizens who, in principle, do not go anywhere and do not plan to leave their country (sometimes even a city), most often this document does not represent anything.
The concept
What are we dealing with? This is a kind of preventive measure - recognizance not to leave. It is issued most often in litigation. And has frequent distribution in criminal cases.
This document provides certain rules of conduct for the defendant or suspect. According to the text, the potential culprit agrees not to interfere with the course of the consideration and investigation of the details of the case, agrees upon request to appear in court for questioning and conducting the case, and also gives the green light to leave the place of residence. Most often, this means a city.
In order to be able to circumvent restrictions, you will have to notify authorities about your intentions, as well as provide documents that confirm the importance of breaking the rules. Recognition not to leave, as you might guess, does not allow traveling and flying to other countries.
Who appoints
Who can appoint her? According to the current legislation of the Russian Federation, not everyone has such a right. A written undertaking not to leave the place for appointment has different. But only certain organs are capable of giving it out. Which ones?
Of course, any person authorized to choose preventive measures during the conduct of the investigation. For example, the investigative authorities or the court. In some cases, even the traffic police may give you a recognizance not to leave (more often applicable to alimony-payers).
Thus, everything is extremely limited. Few are actually capable of issuing our document today legally. Police, by the way, also have the right in some cases to write such a preventive measure. Keep this in mind.
Validity
The concept of recognizance not to leave is already known. This document, as it were, conditionally gives guarantees that suspects, defendants and witnesses (this often happens) undertake not to leave the city (or other place of residence) without good reason and the permission of the authorized bodies, and also give their consent to appear at the request of the court to investigate the crime. How long will this restriction apply to citizens?
You can’t say for sure. It all depends on who gets this document. So, for example, a recognizance not to leave, issued to the suspect, loses its relevance 10 days after signing. Of course, if during this time the citizen will not be charged directly. The same goes for witnesses if they are suddenly given a subscription.
But the immediate culprit of the incident to establish the exact date will not work. Typically, a recognizance not to leave the place lasts until the case is terminated. That is, while the investigation process is ongoing, the document will act in full force. With no exceptions. Or as long as the trial is ongoing. What could be the grounds for issuing this document? A written undertaking not to leave the place (Criminal Code of the Russian Federation) is issued in several cases. They are spelled out in the Criminal Code and are valid to this day.
Assumption
Want to know for sure if your rights have been violated when issuing a recognizance not to leave? Then pay attention to article 97 of the Criminal Code. It is here that all legal grounds for issuing thereof are prescribed. The first option that should be noted is suspicion.
A recognizance not to leave is issued when the investigating authorities have every reason to believe that the suspect, accused, or important witness of the case is hiding from the court and the investigation. That is, if there are assumptions about the creation of some obstacles to the investigation. In this case, you will have to sign the corresponding document.
Continuation
What's next? In addition to suspicions of concealment and an obstacle, the assumption that a potential offender will continue his wrongful acts in the course of judicial debates and investigations can be legally justified. That is, when there is reason to believe that criminal activity will continue, this document takes place.
In practice, this basis is very rare. And most often, a recognizance not to leave is simply issued to all important persons involved in a particular business. Either in order to prevent new crimes, or as a kind of conditional safety net for the judicial and investigative authorities.
Threats and Obstacles
It is also worth noting that a written undertaking not to leave the place of residence also provides for the imposition thereof when there are grounds or simply suspicions that the suspect will threaten and take unlawful actions against witnesses.
That is, a subscription is a kind of conditional guarantee that the defendant will not interfere in any way with the consideration of the case and its conduct. In practice, of course, few people comply with the terms of the document if there has been a serious crime. But it’s very difficult to disclose the creation of interference. Especially if the suspect does not act alone, but through his accomplices.
It should be noted: the nature of the subscription is only abstract. This is not a 100% guarantee of following the conditions specified in it. In some cases, a travel ban is not issued at all. Instead, they can prescribe more serious measures. For example, the arrest or detention of suspects / accused directly in custody for the entire duration of the trial.
How is issued
A recognizance not to leave a minor shall, in the same way as a person who has reached the age of 18, be issued legally. Just because no one has the right to impose a taboo on a law-abiding citizen on movement and freedom of action. How exactly is the issuance and signature of the document?
To begin with, the text of the message is compiled. Based on the 101st article of the Code of Criminal Procedure, the authorized bodies form a subscription indicating the crime, as well as all legal grounds that can only be listed for the issuance of the document. After this, it is mandatory to notify the recipient that this preventive measure has been applied to him.
It is imperative after that to clarify the grounds and conditions that can only apply to recognizance not to leave. If this is not done, the potential offender has the full right to refuse to sign. Indeed, theoretically, he will have no idea what exactly he signs.
The last step preceding the start of a document is its signing. It occurs in the presence of authorized bodies. And our today's document is signed by a person on whom restrictions are imposed. If we are talking about minors, it is necessary that one of the guardians or parents (adults, legal representatives) was present at this process. In some cases, it is possible to invite guardianship authorities. But this practice is very, very rare. After affixing a signature on his own recognizance is withdrawn. In the best case, the recipient thereof can hope to provide a copy of the document. But the original remains with the authorized bodies.
Legal violation
Well, we are all human.And situations in life are different. In some cases, a violation of recognizance not to leave is possible. More precisely, the implementation of this goal, but legally. What is needed for this? What conditions must be met?
The thing is that in case of a lawful violation it is necessary to get the go-ahead permission from the relevant authorities. To do this, you must notify in writing about your situation and attach evidence of the legitimacy of the action.
If you are allowed to violate your own recognizance, please note: you will have to check in law enforcement upon arrival in a particular area. Otherwise, your act may be regarded as an attempt to escape.
In practice, this happens extremely rarely. And those who have been given a recognizance not to leave, nevertheless try to abide by the rules to which they subscribed. This is actually not so difficult. Especially if you are just a witness who is not charged with anything.
Violations unauthorized
What if the suspects violated the terms of their recognizance not to leave without legal grounds and not according to the rules? There is no single algorithm of action. But in practice, one measure is used - the capture of the offender and his detention.
This is completely legal. According to modern legislation, law enforcement and investigative authorities have every right to apply any more serious measures that violate the conditions of the document in case of violation of recognizance not to leave. Most often, this is either arrest or detention. How long? Until the end of the trial or until the suspect (accused) is not charged.
