To secure the correct course of proceedings (and exceptionally - also to prevent the accused from committing a new, serious crime) - you can use the so-called preventive measures. Their use is permissible only if the evidence collected indicates a high probability that the accused / suspect has committed a crime. As a general rule, preventive measures can only be applied to a person who has already been charged (unless he is in hiding). Other prerequisites for the use of preventive measures include a justified fear of escape or concealment of a suspect / accused person and a justified fear that he will induce other people to give false testimony (or otherwise obstruct the proceedings). It is also a rule that in the preparatory proceedings, preventive measures are decided by the prosecutor, and in court proceedings - the court adjudicating in the case. As a rule, the suspect / accused person may be appealed against.
There are several types of preventive measures, including:
- Temporary arrest
- Financial surety
- Police supervision
- A ban on leaving the country
- Suspension of powers - as a precautionary measure, you can suspend the accused in official activities or in the performance of the profession or order to refrain from specific activities or from driving a certain type of vehicles.
[legal status: 22/05/2020]
Defendants in the criminal procedure