Peculiarities of suspension of the preliminary investigation in connection with the temporary severe illness of the suspected or accused

Автор: Petukhova Zhanna P.

Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz

Рубрика: Уголовный процесс

Статья в выпуске: 2 (22), 2022 года.

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The article deals with problematic issues that arise for the investigating authorities during the suspension of the preliminary investigation on the grounds provided for in paragraph 4 of part 1 of Art. 208 Code of Criminal Procedure of the Russian Federation. So, to date, in the legal literature there is no unequivocal opinion on what is meant by a temporary serious illness; what medical documents serve as grounds for suspending the investigation; in what investigative situations there is a need for a forensic psychiatric examination, in the case of a mental illness of the person and the actions of the investigator when it is impossible for the victim to participate in the criminal process due to a temporary serious illness. In the course of the analysis, paragraph 4 of part 1 of Art. 208 of the Code of Criminal Procedure of the Russian Federation, it is proposed to include as one of the grounds for suspension of the preliminary investigation a serious illness of the victim, which does not allow him to participate in the production of investigative actions.

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Temporary and serious illness, forensic psychiatric examination, medical report, suspect, accused, preliminary investigation, investigative actions

Короткий адрес: https://sciup.org/143178869

IDR: 143178869   |   DOI: 10.55001/2587-9820.2022.49.82.020

Статья научная