A recognizance not to leave may be imposed by a preliminary investigation or court in relation to a suspect or accused of a crime; it is regulated by Article 102 of the Code of Criminal Procedure of the Russian Federation. This preventive measure is chosen only for crimes of minor (up to 3 years) and medium gravity (up to 10 years).
You must understand that the period of being under recognizance not to leave does not count towards the sentence; this only happens with arrest and house arrest.
The essence of a recognizance not to leave is based on three principles. The first principle is the restriction of freedom of movement, the second principle is the obligation to appear immediately when called by the investigator, and the third principle is not to interfere with the investigation.
Definition
What is a recognizance not to leave? According to Art. 102 of the Code of Criminal Procedure of the Russian Federation is a criminal procedural measure of restraint applied at the stage of trial or investigation and chosen in relation to a specific person (accused or suspect).
The essence of a recognizance not to leave is the written imposition of certain obligations limiting freedom of movement. Among them are:
- Do not leave your place of residence (permanent or temporary) without the permission of the judicial authority or the official investigating the case. In this case, the address recorded in the documents is indicated by the accused himself. In this regard, the person against whom this preventive measure has been chosen is obliged to notify the investigator even about those moves that are made within one locality, not to mention trips to another city or region;
- To appear at the summons or invitation of an investigator, judicial authority or interrogating officer within a strictly prescribed period;
- Do not interfere with the proceedings of the case;
- Do not take actions that put pressure on participants in the process. This means that it is better for the suspect or accused to exclude any contact with people who take part in the criminal process and can influence the course of the investigation (victims, experts, witnesses, their relatives and loved ones).
A written undertaking not to leave allows a citizen to lead a full life - go to work, move around the city, meet with friends, etc.
Grounds for recognizance not to leave
In what cases is a written undertaking not to leave the place used? This type of preventive measure is chosen:
- If a citizen obstructs the investigation;
- If there is a risk of destruction of direct or indirect evidence;
- If there is a risk that the accused or suspect may pose a threat to the health and life of the participants in the case;
- If there is a risk that the accused or suspects will continue to commit crimes;
- If there are fears that the accused or suspect will hide from the investigation and law enforcement agencies.
A preventive measure in the form of a recognizance not to leave the place is chosen only when committing a crime of moderate or minor gravity, that is, only in the case when the offense does not pose a danger to society, and the penalty is not associated with imprisonment.
Do not interfere with the investigation
Naturally, this includes the obligation not to continue criminal activity, even if you are only suspected of it, perhaps unreasonably and illegally, but nonetheless.
Do not direct the criminal activities of third parties and do not have the opportunity to do so. That is, not to have any suspicious connections in the environment and not to contact them.
If you think that when a preventive measure in the form of a written undertaking not to leave the place is chosen, then operational search activities cannot be carried out against this person - this is a delusion. Very often, the investigator first specifically classifies the suspect’s actions as a crime of moderate gravity, selecting a recognizance not to leave the place as a preventive measure, and assigns operational officers to him so that they conduct surveillance and thereby identify his connections, possible participants and accomplices.
Of course, it is impossible to put pressure on all participants in the investigation or trial, depending on what stage. This includes the investigator and operational officers, witnesses and victims, experts and their loved ones, acquaintances and relatives.
While you are under recognizance not to leave, you should not communicate with this group of people at all, except when called by the investigator and in his office; all this can be regarded as a violation of the procedure for being under recognizance not to leave.
Naturally, it is better not to commit even administrative offenses and not to be held administratively liable; this can also be regarded by the investigation as a formal basis for changing the preventive measure to a more stringent one.
Who is not given a written undertaking not to leave?
As for persons in respect of whom a recognizance cannot be applied, these include:
- Citizens who are accused or suspected of committing grave and especially grave acts;
- People whose professional activities involve frequent travel and business trips (conductors, truck drivers, etc.);
- Military personnel on compulsory service do not have the right to leave the unit without the permission of the commander, and therefore will not be able to appear when called by the bailiff;
- Persons who do not have permanent or temporary registration and are in a given locality on a business trip, visiting, on vacation or for sanatorium treatment;
- Diplomatic couriers;
- Witnesses. Can a witness be given this preventive measure? According to the law, this cannot be done, but he may be given an obligation to appear (Article 102 of the Code of Criminal Procedure of the Russian Federation), forcing him to inform the investigation of his place of stay and appear at the first request of the interrogating officer.
When making a decision on the use of this preventive measure, the investigator or judge evaluates all objective and subjective factors.
If there is the slightest doubt that a citizen will strictly fulfill the obligations given to him, other methods of restricting freedom are chosen (house arrest or detention).
○ Are debtors prohibited from leaving?
I have listed above cases in which it is impossible to leave Russia - the Border Service will simply refuse to cross the border. Citizens are aware of most of these grounds - for example, when signing an employment contract or joining the FSB, the employee is informed about the prohibition of foreign holidays separately, under a personal signature. The same is true in the case of criminal prosecution, assignment of the status of a suspect or accused. The situation is more complicated with persons who have debt, the existence of which has been confirmed by the court. At risk are citizens in respect of whom there is a court decision to collect debts from them (for example, alimony, debts for housing and communal services, etc.). According to the current legislation on enforcement proceedings, if the debtor does not execute a court decision without good reason and does not take measures to repay the debt, the bailiff has the right to issue a ruling on a temporary restriction on leaving the Russian Federation . This document is sent to the Border Service, and its validity period is 6 months. If, after six months, no measures have been taken to repay the debt, the measure may be extended for the same period. The law defines the minimum amount of debt, in the presence of which this measure is applied to debtors - 30,000 rubles (in October 2017, amendments to the laws came into force, the amount was increased 3 times), but the rules of law stipulate separately that it is possible to ban travel by court decision , and at the request of the claimant. A debt of 30 thousand rubles can be cumulative, based on several court decisions and in favor of several collectors. The subject of execution can be anything - from a fine imposed by the court to a large loan that is not repaid on time (see is it possible not to pay a loan legally?).
Lawyer's note: if you are denied permission to cross the border on this basis, no one will return the money spent on tickets and vouchers - all losses fall on the shoulders of the debtor!
Who is authorized to choose a recognizance not to leave?
A written undertaking not to leave the place and proper behavior as a preventive measure can be chosen by a circle of persons specified in the Code of Criminal Procedure. These include employees conducting inquiries, investigations and trials.
If a suspect or person under investigation needs to leave their place of stay or residence, they must submit a written request to the head of the investigation.
The official conducting the inquiry can either allow these actions or prohibit them. The response to the petition is drawn up in 2 copies, one of which is given to the accused or suspect.
On a note! The refusal of the application can be appealed to the prosecutor's office.
Threats as a basis for issuing a subscription
Undertaking not to leave the place - do not violate it!
There are cases in which there is a possibility that the suspect (accused) may threaten or commit illegal actions against persons appearing as witnesses in the investigative case. In such cases, a restriction in the form of issuing a subscription is also used.
Thus, in this case, such a document will act as a guarantee that the suspect (accused) will not interfere with the investigation. In reality, of course, a citizen who has committed a serious criminal act will not be stopped by a written undertaking not to leave the place and he will try to interfere with the investigation, sometimes not even on his own, but through his accomplices. Unfortunately, such actions can be very difficult to detect.
Accordingly, the document itself cannot guarantee full 100% fulfillment of the specified conditions, therefore, in certain cases, instead of issuing it, more serious measures are prescribed, such as arrest for the period of investigation and trial.
Issuance procedure
According to the legislation in force in Russia in 2021, the procedure for issuing this preventive measure consists of several stages (Article 101 of the Code of Criminal Procedure of the Russian Federation):
- Adoption of a resolution (by the investigator) or a ruling (by the court) regarding the choice of a recognizance not to leave as a preventive measure.
- Drawing up the text of a document that indicates the type of criminal act and the grounds for issuing a recognizance not to leave a person.
- Announcing this decision to the suspect or accused.
- Explaining to the citizen the conditions and grounds specified in the document. If this step is skipped, the suspect or accused can issue a waiver.
- Explaining to the person the procedure for appealing the decision to apply the specified preventive measure.
- Signing of a document by a citizen to whom it applies. This procedure takes place in the presence of authorized bodies and parents, guardians or guardianship authorities if the signatory is a minor.
Is it possible not to sign a written undertaking not to leave? It is undesirable to do this, otherwise another measure of restriction of freedom will be applied.
If you categorically disagree with this decision, go to court with a corresponding complaint.
Who has the authority to appoint and issue
Now it is necessary to determine which authority has the authority to appoint and issue a recognizance order. In accordance with the legislation of the Russian Federation, certain bodies have such powers, which in a particular case are authorized to choose preventive measures during the investigation process.
This could be the investigative bodies or the court. Under certain circumstances, traffic police officers may issue a citizen a written undertaking not to leave (in cases with citizens who have arrears of alimony). If we consider police officers, they have the authority to issue such a document only in some cases.
Thus, it is necessary to understand that there is a limited circle of officials who have the right to legally issue a recognizance not to leave.
Responsibility for violation of subscription
What happens if you violate the preventive measure? In Art. 110 of the Code of Criminal Procedure of the Russian Federation states that violation of obligations under a written undertaking not to leave is grounds for replacing this preventive measure with taking into custody or house arrest.
Their validity period is similar to the validity period of the undertaking not to leave, that is, until the end of the investigation or trial. To change the preventive measure, a corresponding resolution is issued.
The situation may worsen if the inquiry officer, investigator or judge suspects that the suspect or person under investigation wants to hide from law enforcement agencies or intends to obstruct the investigation.
If he still manages to do this, but is subsequently discovered by investigative authorities, more stringent measures may be applied. Thus, a person who has violated the terms of his recognizance not to leave is put on the criminal wanted list.
In the future, his capture could lead to serious consequences, including imprisonment. In addition, such behavior can adversely affect the course of the investigation and the trial.
If a citizen has violated the terms of the document unintentionally, upon arrival home he must urgently appear before a judge, investigator or interrogator and repent of his action.
How to check if there is a ban on traveling abroad
From October 2021, the amount of outstanding debt for which a decision may be made to ban travel abroad has been increased to 30,000 rubles.
- For unpaid debt amounts, the relevant organization must sue the defaulter;
- After a court decision on debt collection is made, the case is sent to the FSSP (Federal Bailiff Service);
- The authorized bailiff informs the citizen in writing about the financial debt. 5 days are allotted for payment;
- Within 5 days, if the debtor does not take positive actions to resolve the issue, then the bailiff has the right to petition for a ban on such a citizen leaving Russia.
After receiving notification of payment of the debt, the bailiff immediately cancels the existing restriction on travel. But this information must also reach the border service and the Main Directorate for Migration Affairs of the Ministry of Internal Affairs, and this will take time. Therefore, there is a certain waiting period for the ban to be lifted.
Providing a receipt for payment to border guards does not make sense, since they are not authorized to make such decisions. Using your personal account created on the website of the Federal Tax Service, you can regulate a number of financial issues, including finding out about existing debts. All the indignation after the release of the law banning civil servants from traveling abroad subsided when, upon closer examination, it became clear that we were not talking about all civil service employees. Moreover, the proposed ban applies only to certain categories of citizens: Answered by the head of the point:
Hello The preventive measure can be changed to a more lenient one, including bail, for any crime (Article 106 of the Code of Criminal Procedure).
See advice 7846 on page
. 4.2015
The point manager answers:
Hello. The preventive measure may be changed by the court to detention or house arrest. 6.2016
Read other articles on the site:
- Correctional work has been replaced by imprisonment: how to fire an employee
- Theft, that is, the secret theft of someone else's property, hypothesis disposition
- Responsibility for the theft of electricity in the Russian Federation in 2021
- Termination of a criminal case against one of the accused due to reconciliation
- Characteristics of the crime of causing grievous bodily harm
Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!
Duration of restriction of freedom of movement
The validity period of the recognizance not to leave is established by the inquiry officer, judge or investigator . This information is not indicated on the form itself, but all authorized persons are required to know the exact period of time this preventive measure is in effect:
- Until the end of the preliminary investigation;
- For the period of preliminary investigation;
- During the trial.
But there are also clearer deadlines . Thus, a recognizance not to leave the place issued to a suspect is valid for only 10 days. At the end of this period, he must either be cleared of suspicion (due to lack of evidence) or charged.
If the latter does not happen, the preventive measure is lifted automatically. In this case, it is necessary to obtain a resolution to cancel the travel ban from the official who issued the subscription. The document issued to the witness has the same validity period.
How long is this preventive measure given to the accused? In this case, it will remain in effect until the verdict is pronounced.
Summary
A recognizance not to leave is considered the mildest preventive measure. Although this is not officially stated in the Code of Criminal Procedure of the Russian Federation, it is first on the list of possible restrictions. In fact, nothing changes in the life of a citizen except that he cannot travel outside the locality, change his place of work and residence without the permission of the investigator or the court. This preventive measure is introduced in case officials urgently need to call a person for questioning.
How long a recognizance order is valid depends on the category of person against whom restrictive measures have been introduced. For example, restrictions cannot be imposed on suspects for longer than 10 days. After this, they must either be charged or released. As for the accused, their subscription is valid until sentencing.
If a person breaks the rules, stricter measures may be taken against him. For example, by order of the inquiry officer, investigator or court, put under house arrest or take into custody. In this case, the restrictions will be much stricter and the control will be more tangible. If you have any questions about recognizance not to leave, ask our lawyers. A lawyer will analyze the correctness of the officials’ actions and help you appeal the decision.
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Legal violation of conditions
Is it possible for a person under recognizance not to leave to travel to another city?
If a citizen who has received this preventive measure has an urgent need to violate the terms of the document, he is obliged to contact government officials (investigator, interrogator or judge).
In this case, a written request is drawn up, which includes the following information:
- Exact dates of absence;
- Reasons for leaving;
- Evidence confirming the need to travel to another locality (for example, a certificate of health of a relative).
And then everything depends on the decision of the authorities . If it is positive, the accused or suspect receives permission to travel outside the place of residence or stay.
When arriving in another territory, you must obtain a stamp of arrival from local law enforcement agencies. Otherwise, such actions will be taken as an attempt to escape, and violation of the undertaking not to leave will be punished.
Legal alternatives to a recognizance not to leave also include a petition to choose another preventive measure . For example, a citizen may undertake a personal appearance obligation, which involves visiting the court or the investigator’s office upon first request.
Is it possible to travel abroad in this case? The obligation to appear in person allows the accused or suspect to move freely not only within the country, but also outside its borders.
○ Departure for employees of the Ministry of Internal Affairs and civil servants.
As mentioned above, a number of executive authorities and law enforcement agencies restrict their employees from traveling outside Russia. Typically, such prohibitions are conditioned by the preservation of state security and legal norms governing restrictions associated with the performance of public service. As a rule, such a prohibition remains in effect for the entire duration of the service contract, and sometimes for a certain period after dismissal. A number of structures also have a list of foreign countries to which travel is possible based on an employee’s report to the commanding staff. To clarify the information, I recommend contacting the personnel department - the employees of this service will provide you with up-to-date and detailed information on this issue.
✔ The situation in Ukraine and the ban on the departure of security forces.
The difficult situation in Ukraine and the escalation of the conflict between the Eastern and Western worlds have caused a ban or limited travel abroad for the following categories of citizens:
- Employees of the Ministry of Internal Affairs.
- FSKN employees.
- Employees of the prosecutor's office and the investigative committee.
- Judges.
- Persons specifically targeted by “sanctions”: deputies, politicians.
This limits the right and freedom of movement, but my opinion is correct. The story of the Dozhd TV channel: A ban on travel for employees of the Ministry of Internal Affairs. Investigation into how employees circumvent prohibitions.
Early lifting of restrictions
If there are motivated and justified reasons, the undertaking not to leave may be canceled or changed to another preventive measure. This decision is made on the basis of a citizen’s application by a judicial authority or the prosecutor’s office.
The request is granted in several cases:
- If during the investigation the innocence of the accused or suspect is established;
- There is no need for constant monitoring.
The corresponding resolution is written in 2 copies . One of them is issued to the citizen, the second remains with the prosecutor in charge of the case.
As practice shows, operational services do not always receive relevant information on time. In order to avoid various problems, it is better to keep the decision to lift the preventive measure for some time (especially for those who are going abroad).
Now you know what a written undertaking not to leave means and what obligations it imposes. If you are not sure about the correctness of the decision, seek qualified legal assistance.
