PENAL PROCEDURE CODE In force from 29.04 ... - Legislationline

judgment and of the decision of the Court of appeal in an understandable language.
Section II.
Restraining Measure and Other Measures of Procedural Compulsion
Restraining measure
Art. 56. (1) A restraining measure may be taken to the defendant in case of general nature,
where from the evidence on the case a reasoned assumption that he/she has committed the crime and a
ground under Art. 57 appear.
(2) (amend. - SG 32/10, in force from 28.05.2010) Where the accusation is brought under the
conditions of Art. 269, Para. 3, Items 2 - 4, a restraining measure shall be taken after the inquiry of the
defendant.
(3) While determining the restraining measures, the degree of social danger of the crime, the
evidence against the defendant, the health status, family status, the profession, the age and other data
about the defendant shall be taken in consideration.
Purpose of the restraining measures
Art. 57. The restraining measures shall be taken with the purpose to stop the defendant to
abscond, to commit a crime or to foil the execution of the entered in force verdict.
Types of restraining measures:
Art. 58. The restraining measures shall be:
1. subscription;
2. guarantee;
3. home arrest.
4. detention in custody.
Act of determination of the restraining measure
Art. 59. (1) The act, which determines the restraining measure, shall state: the time and the
place of its issuance, the issuing body; the case on which it is issued; the full name of the defendant; the
crime for which he/she is involved as an defendant, and the reasons for the determined measure.
(2) The act shall be submitted to the defendant, who shall be obliged not to change his/her
residence without written notification to the respective body about his/her new address.
Subscription
Art. 60. Subscription shall present accepting the obligation by the defendant that he/she shall
not leave the residence without the permit of the respective body.
Guarantee
Art. 61. (1) The guarantee may be in money or in securities.
(2) While determining the guarantee, the property status of the defendant shall be taken in view.
(3) The guarantee, taken by bodies of pre-trial procedure may be appealed by the defendant or
by his/her defender before the respective first-instance Court within the term of its submission. The
Court shall immediately hear the case at a closed session and shall pronounce a determination which
shall be final.
(4) The guarantee may be submitted by the defendant or by another person. Upon the initial
taking of the restraining measure of guarantee or upon change of the restraining measure from
subscription into a guarantee, the respective body shall determine a period for its submission, which may