Alternatives to detention in criminal procedures in Germany, Switzerland, Austria, Lichtenstein

Abstract

On the basis of normative and doctrinal sources, alternatives to detention in criminal proceedings in German-speaking countries are considered: Germany, Switzerland, Austria, Liechtenstein. The reasons why legislators of most modern states seek to reduce the use of the most stringent preventive measure – detention are shown. Comparatively, the institution of house arrest is analyzed as the most stringent alternative to keeping a person in a pre-trial detention center. After that, the measure of coercion in the form of a pledge was considered: the subject of the pledge, its size, legislative restrictions on the use of collateral, the procedure for application. Other coercive measures used in criminal proceedings in Germany, Switzerland, Austria and Liechtenstein are investigated. Recommendations for further improvement of Russian legislation on the issue under consideration are formulated. This article may be useful to anyone who is interested in criminal proceedings in Russia and foreign countries.