Bail in criminal proceedings: what Draft Law No. 15565 would change
Bail in criminal proceedings: what Draft Law No. 15565 would change
Bail has never been simply a sum of money. In practice, however, the amount of bail often becomes the main point of contention between the prosecution and the defence. Draft Law No. 15565 proposes to change this approach by setting out, for the first time, detailed rules governing not only how much a person must provide, but also how their financial capacity should be determined, how their assets should be valued and whether frozen assets can serve as an alternative to cash.
The draft Law of Ukraine “On amendments to the Criminal Procedure Code of Ukraine to improve the procedure for applying bail” provides for a comprehensive revision of Article 182 of the Code and the introduction of a new Article 182-1. The latter would establish specific rules for determining a person’s financial circumstances, valuing their assets and setting the amount of bail.
Read more in an article by an EVERLEGAL lawyer for Yurydychna Gazeta at the link.
The article explores:
- From cash to assets
- 25% of assets: a safeguard or a new starting point?
- Frozen assets: what was unavailable yesterday could secure bail tomorrow
- Property-based bail also involves valuation, registration and the risk of sale
- A unified methodology: long-overdue standardisation or a new form of discretion?
- Who will set the rules for the courts?
- What will change for defence lawyers?
- What could become the main problem with the new model?
EVERLEGAL expert: Yaroslav Serbin, Senior Associate, Attorney-at-Law
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