Issues of investigator’s discretion when choosing bail as a preventive measure

Abstract

The article examines the investigator’s discretion when choosing a preventive measure in the form of bail in terms of the investigator’s choice of the most appropriate and justified course of action for making the optimal decision on the application of this preventive measure, provided and limited by law and procedural powers. The degree of freedom of such choice is determined by the limits of the investigator’s discretion. As such limits (boundaries of what is permitted), the author examines the legal regulation of general and special grounds for choosing bail, and the procedure for its application established by criminal procedural law. They are studied in conjunction with the positions of scientists and established practical experience in determining the scope of application of the said preventive measure, establishing the subject, the amount of bail, and other issues. The conclusion highlights areas for improving the practice of choosing bail, which may influence the choice and relevance of this preventive measure to the investigator.