Journal of Siberian Federal University. Humanities & Social Sciences: The Gravity of a Crime in Selection and Application of the Remand in Custody as a Pre-trial Restraint: Problems of Legal Regulation and Current Practice

Journal of Siberian Federal University. Humanities & Social Sciences / The Gravity of a Crime in Selection and Application of the Remand in Custody as a Pre-trial Restraint: Problems of Legal Regulation and Current Practice

Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (2)
Authors: Sudnitsyn, Aleksei B.
Contact information: Sudnitsyn, Aleksei B.: Siberian Juridical Institute of MIA of Russia 20 Rokossovskogo Str., Krasnoyarsk, 660131, Russia;
Keywords: pre-trial restraints; selection and application of pre-trial restraints; remand in custody; grounds; conditions; data confirming grounds and conditions; data on the commitment of the crime of a certain gravity degree
Abstract: The article examines the impact of the crime severity on application of the remand in custody basing on the analysis of works of procedural law researchers, rules of law, investigation and judicial practice, including the European Human Rights miracle. The article considers the problems of legal regulation and the current practice. The author concludes and provides recommendations for law enforcers how to differentiate between the data on the severity of the crime and similar concepts when deciding to apply the remand of custody, as well the proper use of such data in practice in order to comply with the requirements of the law, the adoption of lawful, reasoned and motivated decision regarding the remand of custody
Pages: 249-254
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/31526