Several issues of criminal procedure detention

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Introduction: the article deals with some of the problematic issues of criminal procedure detention of persons suspected of committing a crime. The article examines the differences between criminal procedural and administrative detention, as well as the detention of a person evading directions to the place of serving the sentence. It also analyses the differences between the actual detention of a suspect and legal detention. It considers the issue of the advisability of legislative consolidation of the physical detention of a suspect by a civilian. Materials and Methods: the normative basis of the research is the Constitution of the Russian Federation, the criminal procedure law and local regulatory legal acts of the Russian Federation. The methodological basis of the study is the dialectical method of cognition, as well as the methods of logical deduction, cognition of comparison, analysis, generalization and description. Results of the Study: the article analyzes the procedural aspects of the detention of a person suspected of committing a crime, discusses some of the problematic issues of procedural detention and its differences from other types of detention. Up today, the law has not defined a specific moment in determining the beginning of the detention of a suspected person. Findings and Conclusions: it is suggested to make some changes to the Code of Criminal Procedure of the Russian Federation regarding the detention of a suspected person.

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Criminal procedure detention, human rights and freedoms, delivery, suspect, evidence, evidence of crime

Короткий адрес: https://sciup.org/143173224

IDR: 143173224   |   DOI: 10.24411/2312-3184-2020-10064

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