Certain Legal Problems Concerned with Application of Offcutting Measures in Term of Bail
Author (s)
Kabilov Boturkhoja KabilkhojayevichAbstract
We proceed from the assumption that bail as a measure of offcutting is effective at criminal stages of a criminal process and it should be preferred to taking into custody. We share the viewpoint that there should be established a minimal sum of bail for different categories of crimes. If an indictee (a suspect) perpetrates a crime in the sphere of economy it is obligatory, as we presume, to resort to an application of bail. It would be expedient to include an addendum into article 109 of RT PC with the indication that not only monetary means, but property and other valuable things can serve as subjects of bail either. But incases with especially heavy crimes bail as an offcutting measure may be applied only under extreme situations. We`d like to recommend to legislators that they should reflect such provisions in the norms concerned with bail which enable to ascertain a legality of an origin of the money and valuables pawned.
It is worth remarking that the role of courts in an application of this offcutting measure is great enough. Article 109 of RT PC binds the court when passing a sentence or an enactment to consider the question of about a cessation of a criminal affrair.
Keywords
offcutting measures, bail, suspect, the accused, court hearing
References
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