Legal actions to ensure safety of the property and home of a person who is a suspect, an accused, detained or taken into custody

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The criminal procedural legislation does not provide specific actions to ensure safety of the property and home of persons, apprehended for committing a crime, against who the detention was applied. There is only general requirement to carry out appropriate preventive actions (Part 2 of Article 160 of the Code of Criminal Procedure of the Russian Federation). Concerning this background, the legal regulation of such relations (when a convicted person serves a sentence), is significantly different. It is touched upon in Art. 313.1 of the Code of Criminal Procedure of the Russian Federation thanks to the adoption of the resolution No. 34-P from July 9, 2020 by the Constitutional Court of the Russian Federation. The article deals with applying of the analogy of the law. The author analyzes possibilities to make the necessary changes in the Code of Criminal Procedure of the Russian Federation.

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Suspect, accused, apprehension, imprisonment, measures for providing the safety of property and home, criminal procedural enforcement

Короткий адрес: https://sciup.org/140304512

IDR: 140304512

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