Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2018 11 (7)

Authors

Maiorova, Ludmila V.; Ploshkina, Yana M.

Contact information

Maiorova, Ludmila V.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; ; Ploshkina, Yana M.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia

Keywords

detention; correlation with the concept of “suspicion”; individual’s legal status under actual detention prior to criminal proceedings institution; doctrine of suspicion; initial suspicion

Abstract

The study deals with one of the measures of criminal procedural coercion – detention and its correlation with the concept of “suspicion”. Russian law fails to sufficiently regulate the issue on an individual’s legal status under actual detention prior to criminal proceedings institution. Analysis of coercive measures is equally relevant both for Russia and for Germany. The doctrine of suspicion and significance of this concept in terms of criminal procedural coercion measures application have a long standing history in the criminal procedure law of Germany, so their analysis made by this research is of great importance to the Russian law enforcers. The definition of the concept of initial suspicion, the moment it occurs, as well as the way every specific occasion states the initial suspicion availability are of particular interest. The increase in coercive measures as a response to modern challenges: the fight against terrorism and organized crime is accompanied by increasing sensitivity to more precise regulation of existing ones, and it certainly concerns the concept of detention in the Russian criminal process

Pages

1105-1112

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/71768

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).