Organization of the work of the staff of the preliminary investigation bodies related to the detention of the suspect

The article is devoted to the consideration of the problems of detention of a suspect by the preliminary investigation authorities. The activities of investigators and interrogators related to the detention of a suspect are analyzed. The options for improving the legislation regulating this stage of activity in the investigation of a criminal case and the best ways to solve emerging problems are proposed. The organization of the work of the staff of the preliminary investigation bodies during the detention of a suspect is primarily related to the problems of compliance with procedural deadlines. The article presents an analysis of the period of actual and legal detention. The issues related to the actions of the preliminary investigation bodies to comply with the deadlines that must be taken into account by the investigator and the inquirer from the moment of the actual detention of the suspect to the indictment and the election of a preventive measure are highlighted. This concerns the analysis of the timing of the protocol detention, notification of detention, interrogation, interaction with a lawyer and other deadlines, compliance with which is provided for by the criminal procedure legislation (CPC of the Russian Federation). The problematic issues related to the assessment of the grounds for the detention of a suspect, ensuring the legality of the implementation of this measure of procedural coercion, are considered. The grounds for detention provided for by the CPC of the Russian Federation are divided into four groups, three of which are unconditional, and the fourth is permissible only under certain conditions. The first assumes that a person must be caught committing a crime or immediately after it is committed. The term «directly» means that the persecutors, who are eyewitnesses of the committed crime, should not lose sight of the person who committed the crime from the moment of his attempt to escape to the actual detention. The second indicates the fact that the victims or eyewitnesses will point to this person as the perpetrator of the crime. This basis presupposes acquaintance of the victim, or eyewitnesses with the suspect, or identification. When assessing the third ground related to the detection of obvious traces of a crime, it was determined that such traces can be found not only at the suspect or in his home, but also in such places of stay of the suspect as his work, vehicle, cottage and other places. Such traces can only indirectly indicate the involvement of a person in the commission of a crime. The fourth ground, which provides for the presence of other data giving grounds to suspect a person of committing a crime, is not unconditional and can be considered as additional in conjunction with other grounds for detaining a suspect.