Illegally influence the victim

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roseline371277
Posts: 17
Joined: Sun Dec 22, 2024 3:37 am

Illegally influence the victim

Post by roseline371277 »

According to Part One of Article 176 of the Code, preventive measures include personal obligation, personal surety, bail, house arrest, and detention.

Detention is the most severe preventive measure among all preventive measures provided for by the Code. According to Part One of Article 183 of the Code as amended by the Law, "detention is an exceptional preventive measure, which is applied only if the prosecutor proves that none of the more lenient preventive measures will be able to prevent the risks provided for in Article 177 of this Code."

According to Article 177 of the Code, the purpose of applying a preventive measure is to ensure that the suspect or accused fulfills the procedural duties assigned to him, as well as to prevent attempts to: hide from pre-trial investigation bodies special database and/or the court; destroy, hide or distort any of the things or documents that are essential for establishing the circumstances of a criminal offense; , witness, other suspect, accused, expert, specialist in the same criminal proceedings; otherwise obstruct criminal proceedings; commit another criminal offense or continue a criminal offense of which the person is suspected or accused ( part one ); the basis for applying a preventive measure is the presence of a well-founded suspicion that the person has committed a criminal offense, as well as the presence of risks that give sufficient grounds for the investigating judge or court to believe that the suspect, accused or convicted person may commit the actions provided for in part one of this article; the investigator or prosecutor shall not have the right to initiate the application of a preventive measure without the presence of grounds for this provided for by the Code ( part two ).

In addition to the presence of the above risks, when deciding on the choice of a preventive measure, the investigating judge, the court, on the basis of the materials provided by the parties to the criminal proceedings, is obliged to assess all the circumstances in total, including: the weight of the available evidence that the suspect, accused committed a criminal offense; the severity of the punishment that threatens the relevant person if the suspect, accused is found guilty of the criminal offense of which he is suspected, accused; the age and health of the suspect, accused; the strength of the suspect, accused's social ties at his place of permanent residence, including the presence of his family and dependents; the presence of the suspect, accused's permanent place of work or study; the reputation of the suspect, accused; the property status of the suspect, accused; the presence of criminal records of the suspect, accused; compliance by the suspect or accused with the conditions of the applied preventive measures, if they were applied to him/her previously; the presence of a notification to the person about the
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