Introducing the participants of criminal proceedings with the composition of the investigative group

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The article is devoted to the analysis of the legal regulation of acquaintance of the suspect, the accused and the victim with the composition of the investigation group. The grounds are consider for filing complaints in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation in connection with the inopportune acquaintance of the participators in penal proceedings with the composition of the investigation group. A comparative analysis of the norms of the Code of Criminal Procedure of the RSFSR and the Code of Criminal Procedure of the Russian Federation, which regulate the conducting of a preliminary investigation by an investigative group, is carried out. Proposals are made to improve Art. 163 Code of Criminal Procedure of the Russian Federation. Materials and methods: the normative basis of the research is formed by the Constitution of the Russian Federation, criminal procedural legislation, judicial practice. The methodological basis of the research is historical, formal-legal methods, general scientific methods of analysis, synthesis, comparison. The results of the study: a gap in the criminal procedure legislation is indicated when familiarizing the suspect, the accused and the victim with the composition of the investigation team. The Criminal Procedure Law does not specify the period for familiarizing the participants in criminal proceedings with the composition of the investigation team. Findings and Conclusions : for the purpose of a legal solution, in the considered article of a gap in the legislation, the author proposes to establish a deadline for familiarization with the composition of the investigation group no later than 15 days after the decision to create, change or disband the investigation group.

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Investigation group, challenge, composition of the investigation group, familiarization with the composition of the investigation group, challenge to the investigator

Короткий адрес: https://sciup.org/143179514

IDR: 143179514   |   DOI: 10.55001/2312-3184.2022.19.31.013

Статья научная