When considering the petition for the selection of a preventive measure in the form of detention, the court considers it necessary not to determine the amount of bail, taking into account the ineffectiveness of the preventive measure in the form of bail applied to the accused.
According to the results of the analyzed criminal proceedings as a whole, the court came to the conclusion that preventive measures in the form of bail are not capable of ensuring that the accused fulfills the procedural duties assigned to him.
Taking into account all the circumstances of this criminal proceeding, the prosecutor's proof of the existence of the risks provided for in clauses 1, 2, 5, part 1 of Art. 177 of the Criminal Procedure Code of Ukraine, the accused's failure to comply with the conditions of the preventive measure previously applied to him, his attempts to cross the border and leave the country, the court came to the conclusion that the request for the selection of a preventive measure in the form of detention of the accused without the determination of bail should be granted.
Guided by Articles 2, 7, 131-132, 177, 193, 196, 281, 372, 376 of the Criminal Procedure Code of Ukraine, the court,
RESOLVED:
The request of the prosecutor of the Kharkiv Regional Prosecutor's Office PERSON_3 to apply for bail to the state revenue and choose a preventive measure in the form of detention in relation to the accused in relation to the accused PERSON_7, INFORMATION_1, to satisfy.
Transfer to the state income and credit the deposit in the amount of UAH 402,600.00 to the special fund of the State Budget of Ukraine. (four hundred two thousand six hundred hryvnias zero kopecks), made by the accused on the basis of the decision of the investigating judge of the Kyiv District Court of Kharkiv dated May 1, 2023, reviewed by the Kharkiv Court of Appeal in case No. 953/2692/23.
Choose the accused PERSON_7, INFORMATION_1, a preventive measure in the form of detention until October 2, 2023 without determining the amount of bail.
Accused PERSON_7, INFORMATION_1, to be taken into custody in the courtroom.
The term of detention shall be counted from the day of his actual detention.
The decision can be appealed in the appeal procedure by submitting an appeal directly to the court of appeal within five days from the day of its announcement. For PERSON_7, the deadline for filing an appeal is calculated from the moment he was served with a copy of this decision.
The resolution is subject to immediate execution after its announcement.
Judge PERSON_1