Institute «in flagranti delicto» (suspect caught redanded): what is the legal nature its modern incarnation?

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The article continues the series of scientific research by the author, which is devoted to the problems of detaining a person on suspicion of committing a crime. The article summarises the results of research on understanding the legal nature and determining the sectoral affiliation of the actual detention of a suspect as a modern embodiment of the classical institute "in flagranti delicto", which involves coercive actions of the police aimed at preventive restriction of a person's freedom in order to ensure the possibility of further criminal prosecution. The article analyses and evaluates the views of scientists on the attribution of actual detention to the subject of criminal procedure and administrative-legal regulation. As a result, the conclusion is substantiated that the actual detention does not imply neither criminal-procedural, administrative-legal, nor any other sectoral nature, but should be an object of autonomous public-law regulation and provided for by a separate federal law.

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Detention of a suspect, measures of administrative coercion, suspect, law enforcement mechanism, actual detention, measures of criminal procedural coercion

Короткий адрес: https://sciup.org/143182515

IDR: 143182515   |   DOI: 10.55001/2587-9820.2024.24.10.015

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