Odesa Mayor's Bail: Understanding Personal Guarantees in Ukraine

Цей матеріал також доступний українською

12423

Collage: Intent/Natalia Dovbysh

On May 4, 2023, the Specialized Anti-Corruption Prosecutor's Office announced that Odesa Mayor Hennadiy Trukhanov had been taken into custody. At the same time, Kyiv Mayor Vitali Klitschko came to the High Anti-Corruption Court, described the Odesa resident and agreed to take him on bail.

Free legal aid explains that personal guarantee is one of the milder preventive measures that restricts the rights and freedoms of a suspect or accused to a lesser extent than other preventive measures.

It is applied on the basis of a ruling by an investigating judge and consists of a written undertaking by persons whom the investigating judge or court considers to be trustworthy that they, first, undertake to bring the suspect or accused to the pre-trial investigation body or court upon request, and, second, vouch for the performance of the suspect or accused's duties in accordance with Part 5 of Article 176 of the CPC of Ukraine.

Purpose and grounds for application

According to Article 177 of the CPC of Ukraine:

the purpose of applying any measure of restraint, including personal guarantee, is to ensure that the suspect or accused fulfills the procedural obligations imposed on him or her;
the grounds for applying any measure of restraint, including personal guarantee, is the existence of a reasonable suspicion of a criminal offense and proof by the investigator or prosecutor that there is a risk that the person may commit at least one of the following actions

hide from the pre-trial investigation and/or court;
Destroy, hide or distort any of the things or documents that are essential for establishing the circumstances of the criminal offense
unlawfully influence a victim, witness, other suspect, accused, expert, or specialist in the same criminal proceedings
otherwise obstruct criminal proceedings;
commit another criminal offense or continue the criminal offense of which he or she is suspected or accused.

Conditions of application

the guarantors may be trustworthy persons - citizens with high moral character, who are socially adapted, conscientious about work and public duties, have authority in the team or at the place of residence, and are respected by the suspect or accused and can thus ensure his or her proper behavior.
The number of guarantors is determined by the investigating judge or court, guided by the criterion of sufficiency to ensure proper procedural behavior of the suspect or accused.
This measure of restraint may be applied only at the request or with the consent of the sureties.

Read also: What to do if a person goes missing

Liability for violations

If a suspect or accused person behaves unlawfully or avoids appearing before the investigating authorities or the court, the investigator or inquiry body draws up a report and attaches it to the case file. There is legal liability for this:

For the accused;
for the guarantor:

in proceedings for a criminal offense punishable by imprisonment for a term not exceeding three years or other, lesser punishment, from two to five minimum wages;
in proceedings for an offense punishable by imprisonment for a term of three to five years, from five to ten minimum wages;
in proceedings for an offense punishable by imprisonment for a term of five to ten years, from ten to twenty minimum wages;
in proceedings concerning a crime punishable by imprisonment for a term exceeding ten years - from twenty to fifty minimum wages.