PROPERTY SURETY AS AN INDEPENDENT CRIMINAL PROCEDURAL MEASURE OF RESTRAINT

Abstract

The issue of separating a property guarantee from a pledge as a new type of measure of criminal procedural restraint was raised by us in the Kazakh science of the criminal process more than a quarter of a century ago. In view of the political course towards fair criminal proceedings, it has the possibility of legislative implementation. The article discusses the prerequisites for supplementing the system of preventive measures with a property guarantee as a security method for the lawful behavior of a person brought to criminal responsibility while following humanistic principles, the constitutional principle of personal inviolability, a reasonable balance of public law and private interests, the inevitability of criminal liability and the humanization of criminal policy. The features and properties of the procedural form of property suretyship are distinguished, allowing it to be classified as an independent measure of criminal procedural suppression: the subject of legal regulation, conditions, grounds and procedural and legal mechanism of application, security guarantees, legal consequences. Unlike a pledge, a property guarantee has a different subject of legal regulation (movable and immovable property), a different and rather complex application mechanism, different guarantees for ensuring the proper behavior of the suspect, accused, defendant. The procedure for property suretyship in criminal proceedings may be similar to the procedure for pledge of immovable and movable property established by civil law. This preventive measure is effectively applied in foreign legislation. Based on the results of two dissertation studies, the authors presented the author's draft article 145-1 of the Code of Criminal Procedure of the Republic of Kazakhstan "Property Guarantee".