Ղամբարյան Արթուր 020
BAIL AS A PREVENTIVE MEASURE (APPLICATION ISSUES)
Artur Ghambaryan
Doctor of Juridical Sciences, Professor, Chairman
of the Department of Theory of Law and Constitutional
Law of Russian-Armenian University, Full Professor of
the State Administration Academy of the Republic of Armenia,
Honored Lawyer of the Republic of Armenia
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Abstract
The article examines the legal nature of bail as a preventive measure. Bail is a property-based preventive measure that ensures the accused’s lawful behavior through economic (threat of property losses) and moral-psychological (responsibility to the pledgor) mechanisms. It may be applied to any accused, and pledgors may include individuals/legal entities, excluding state bodies, victims, or other accused persons.
The application of bail does not require the accused’s consent, though it is negotiated in practice.
The bail amount is determined by considering the gravity of the crime and the accused’s financial status, adhering to the principle of proportionality. Bail collateral may include cash, movable/immovable property, securities, or other valuables, with state registration of property rights restrictions mandatory for immovable assets.
If conditions are violated (absconding, substantial obstruction of proceedings), the bail is confiscated by the state, and a stricter preventive measure is applied.
Bail is refunded immediately upon termination of criminal prosecution, conviction, or modification of the preventive measure.
Keywords: Bail, preventive measure, principle of proportionality, accused, pledgor, confiscation, presumption of innocence, property rights.
DOI: https://doi.org/10.63925/18294847-2025.op20-04