In this publication we will tell you about grounds giving the right to arrest a citizen of Ukraine. For the purpose of understanding the heart of the matter, let us clarify, form the very beginning, that use of the term “arrest” is not exactly correct in most of cases. It is necessary to distinguish between the definitions “arrest” and “custody”. Hence, arrest is a type of punishment for a committed crime, while custody is a measure of restraint at the stage of a pre-trial investigation. Most commonly, when we hear about arrest or read detailed information in the press, it is custody that is meant, but not arrest in fact.
Besides, one should see the difference between custody and a standard detention of a person by law enforcement bodies for a period of up to 72 hours (3 days) with the view of verifying information et cetera. Holding in custody for up to 60 days, with the possibility of the custody period being extended, mandatorily requires a court decision. Below we will list general grounds for imposing a measure of restraint in the form of custody.
First, it should be noted that custody is the most severe measure of restraint and not applied without hard grounds for it to be used. An investigator or a prosecutor (as well as an examining magistrate) must establish to court a reasonable suspicion regarding a person having committed a crime; presence of risks that the person will flee from justice; that the person may eliminate evidence or commit a crime once again. In addition, it should be proved that none of milder measures of restraint can save from the aforementioned risks.
Besides, there exists a clear list of circumstances, under which custody may be applied:
- in respect of a person suspected in a crime, for which the law provides for a penalty in the amount of 3000 tax-free minimum incomes of citizens (economic crimes);
- in respect of a person suspected in a crime, for which the law provides for deprivation of liberty for a period of up to 3 years, given that the person was previously convicted, fled from justice or is suspected in having committed another crime;
- in respect of a person suspected in a crime, for which the law provides for deprivation of liberty for a period of up to 5 years, if it will be proved that, being out of prison, the person fled from justice, impeded criminal proceedings or is suspected in having committed another crime;
- in respect of a person suspected in a crime, for which the law provides for deprivation of liberty for a period of more than 3 years, given that the person was previously convicted;
- in respect of a person suspected in a crime, for which the law provides for deprivation of liberty for a period of more than 5 years;
- in respect of a person wanted by competent authorities of other countries for a criminal offense (with a decision being made on extradition of this person).
Along with application of custody (arrest) as a prevention measure, the court also sets the bail amount, against standing of which the person becomes free. As a rule, in this case certain obligations are imposed, such as recognizance not to leave a township, transfer of a passport for keeping and the like. As for crimes having caused death or committed with extreme atrocity, the court has the right not to set a bail. The same concerns a person threatening to commit a crime or if, within the frame of this proceeding, a preventive measure in the form of a bail had been already established, but was violated.
As a rule, law courts give a term of 60 days of custody, which may be extended upon a petition of a prosecutor or an investigator. Nevertheless, there are limited terms: up to 6 months for crimes of mild and average severity. To take an additional opinion and criminal-and-legal defense, you are kindly invited to make use of services of Invicta’s attorneys!