APPLICATION OF RISK ASSESSMENT TOOLS (RAI) FOR REASONING THE NECESSITY OF ENFORCEMENT OF MEASURES OF RESTRAINT TO A PERSON: INTERNATIONAL EXPERIENCE AND PERSPECTIVES OF IMPLEMENTATION IN UKRAINE
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
Article is devoted to the analysis of the procedure of application to a person measures of restraint in criminal proceedings and ways of improving such procedure. In the article author analyzes the provisions of the Criminal Procedure Code as part of justification for grounds and conditions of application of measures of restraint, as well as on the allocation of circumstances which should be taken into account by the investigating judge or the court during the application of such measure in criminal proceeding. Author concludes that nowadays quite often decisions on application of measures of restraint do not contain sufficient justification, and therefore system of application of measures of restraint needs to be improved. One of the ways of reforming this system is the usage of risk assessment tools in criminal proceedings. In the article author notes that the lack of a consistent practice regarding the grounds for the usage of measures of restraint is inherent in many other countries, and in some of these countries, they began to apply risk assessment tools. As an example, the author presents such risk assessment tools: OxRec, which identifies the probability of a person committing a new criminal offense, and a system developed by Laura and John Arnold Foundation, which determines the degree of risk of committing a person new criminal offense or the risk of hiding from pre-trial investigation. With such systems, it is possible to automate the process of identifying risks and to exclude the subjectivity of judges when persons are selected for measures of restraint. However, article also states that such systems cannot be considered a panacea, because they are also inherent in some of the disadvantages (for example, the lack of an individualized approach to the person regarding whom the issue of the application of measures of restraint is decided). At the same time, subject to a qualitative selection of factors that may be included in such a system, risk assessment tools may also be introduced in the Ukrainian criminal procedure.
Authors and Affiliations
Олександр Олександрович Торбас
Keywords
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