Publication:

საპატიმრო გირაოს გამოყენების საკითხი არასრულწლოვანთა მართლმსაჯულებაში

The principle of best interests is the principle of the principles of the Juvenile Justice Code. Harmonization of rights-restrictive measures with the supreme principles is essential for the harmonization of legislation and practice. The use of detention bail for juveniles creates many legal inconsistencies, which makes it necessary to analyze it and discuss ways to resolve it in the future. With regard to preventive measures, first of all, it should be noted that its ratio is of a preventive-preventive nature, the purpose of its use is not to prove guilt. The expediency of using a specific measure of restraint is a matter of debate, given that the purpose of a measure of restraint is to ensure the proper administration of justice. In this way, it is necessary to regulate the legislation in such a way that it will be implemented. Such is the case with the use of prison bail in juvenile justice, as there are a number of inconsistencies that require the need to adjust prison bail. The only precondition for the use of prison bail is the fact of the arrest of the accused. In the case of arrest on bail due to the fact of arrest, a second measure of restraint is actually applied to the accused - detention.