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.
Бесплатный доступ
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.
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