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Property Surety in the System of Criminal Procedural Restraint Measures
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Property Surety in the System of Criminal Procedural Restraint Measures
Abstract
PII
S1991-32220000622-3-1
DOI
10.12737/jzsp.2023.020
Publication type
Article
Status
Published
Authors
Arstan Akhpanov 
Occupation: Professor at the Department of Criminal Law Disciplines
Affiliation: L. N. Gumilyov Eurasian National University
Address: Astana, Kazakhstan
Edition
Volume 19 No. 2
Pages
32-40
Abstract

The issue of separating property surety from collateral as a new type of measure of criminal procedural restraint was raised in the Kazakh science of criminal procedure more than a quarter of a century ago. Due to the political course towards fair criminal proceedings, it has the possibility of legislative implementation.

The article examines the prerequisites for supplementing the system of preventive measures with property surety 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 and private interests, the inevitability of criminal responsibility and the humanization of criminal policy. The signs and features of the procedural form of property surety are distinguished, allowing it to be attributed to an independent measure of criminal procedural restraint: the subject of legal regulation, conditions, grounds and procedural legal mechanism of application, security guarantees, and legal consequences.

Unlike a pledge, a property guarantee has a different subject of legal regulation (movable and immovable property), a different and rather complex mechanism of application, and different guarantees for ensuring the proper behavior of the suspect, the accused, and the defendant. The procedure of property surety in criminal proceedings may be similar to the procedure of pledge of immovable and movable property established by civil legislation. This measure of restraint is effectively applied in foreign legislation. Based on the results of two dissertation studies, the author presents his own draft of Article 145-1 “Property guarantee” of the Criminal Procedure Code of the Republic of Kazakhstan.

Keywords
criminal process, measures of criminal procedural restraint, property guarantee, pledge, movable and immovable property
Date of publication
17.05.2023
Number of purchasers
12
Views
137
Readers community rating
0.0 (0 votes)
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