An analysis of the established legislative language regarding the term “suspected persons” allows us to determine the signs on the basis of which a person can be recognized as a suspect, as well as how the procedure for detention and incrimination of the prosecution is followed.
The term "suspect" in the legislation of Russia
The essence of the definition is set out in Part 1 of Art. 46 of the Code of Criminal Procedure, which entered into force on July 1, 2002 (version of Article 52 of the Code of Criminal Procedure dated February 21, 2001). According to this rule, suspected persons are:
- citizens who have been arrested (Articles 91-92 of the CCP);
- people against whom a criminal case has been instituted (Chapter 20 of the Code of Criminal Procedure) in connection with the alleged involvement in the commission of the crime;
- those who are charged with a measure of restriction of freedom of action until the time of incrimination of the indictment (Article 100 of the Code of Criminal Procedure);
- people who are informed that they are considered as guilty (implicated) of committing unlawful acts, atrocities, administrative violations in accordance with Art. 223.1 Code of Criminal Procedure of Russia.
Suspect status
A person may be placed in the status of a suspect on the basis of procedural acts in accordance with Articles 92, 101, 146, 223.1 of the Code of Criminal Procedure of Russia. A person detained on suspicion of atrocity must be interrogated no later than 24 hours after the actual detention (Articles 90-91, 189-190 of the Code of Criminal Procedure of the Russian Federation). The fact of restriction of freedom of movement (Clause 5, Article 5 of the Code of Criminal Procedure) is a confirmation of the detention of the suspect, of which security officials are obligated to notify close relatives (Article 96 of the Code of Criminal Procedure of the Russian Federation).
Exceptions are cases where the confidentiality and non-disclosure of the fact of detention is preserved in the interests of the investigative actions. For persons under the age of majority, notification of relatives is a mandatory requirement (part 4 of article 96 of the Code of Criminal Procedure of the Russian Federation).
If the measure of restriction is applied before the charge is brought, then it must be brought no later than ten days later. In the event that the suspect was detained and arrested - also no later than this period from the moment of detention. If no charges are brought within this period, the preventive measure is removed immediately (Article 100 of the Code of Criminal Procedure of the Russian Federation).
When considering the essence of the concept of “suspected persons”, it is taken into account that during the investigation of the initiated case evidence of involvement in the commission of criminal acts may arise, then the investigator makes a decision on the detention of a specific person. In such a situation, a person receives the status of a suspect upon the fact of issuing a decision, and not detention.
In the case of confession, the investigation begins with respect to the specific person who has confessed.
Concept of detention
The arrest process is regulated by Art. 91-96 Code of Criminal Procedure. Law enforcement officers have the right to arrest a person suspected of criminal acts or administrative offenses. By detention is meant a complex of measures consisting of investigation, seizure, delivery of a suspect to the place of detention of persons briefly deprived of their freedom of movement.
In our country, without a court decision, a citizen cannot be detained for more than 48 hours (Constitution of the Russian Federation, paragraph 2 of article 22).
Reasons for Detention
The CCP provides for legitimate reasons for the detention of a suspected person (Article 91). In accordance with the law, detention is an absolute fact if:
- the person was caught directly during the attempt, commission or immediately after the crime (also the detection of a person as a result of prosecution after the discovery of the committed criminal act);
- there are testimonies given by victims of involvement in the unlawful actions of a particular person;
- there are obvious traces and facts confirming the crime (in the home, clothes, on the suspect).
Often the possibility of suspecting a person of a crime is confirmed / denied by the presence of:
- testimonies of witnesses, accused or officials;
- information and information obtained from various documentary sources;
- data of operational investigative work and actions of the inquiry officer.
Suspects may be detained for up to three days (Article 122 of the Code of Criminal Procedure), a preventive measure of up to ten days (Article 90 of the Code of Criminal Procedure). After these periods, the suspect is recognized as a defendant, a witness or excluded from the number of those participating in the case. According to the laws of Russia, suspects have the right to:
- know what they are suspected of;
- give evidence (except evidence against himself);
- provide evidence;
- to challenge the investigator, interrogating officer, translator;
- to petition;
- file complaints about the actions and decisions of the inquiry officers, investigator, prosecutor.
When arresting, taking into custody, the suspect has the right to use the protection of a lawyer.