Suspected in the criminal process of Russia, Germany and in the practice of the European court of human rights

The study deals with the legal status of the suspect and problems, which there are, when a person is recognized as a suspect in Russia, including by applying measures of criminal procedural coercion. Russian law fails to sufficiently regulate the issue on an individual’s legal status under actual detention prior to criminal proceedings institution. The figure of the suspect was considered in the context of the practice of the European Court of Human Rights and foreign experience, in particular Germany. The European Court of Human Rights is the leader in the field of human rights protection in the Council of Europe, whose decisions affect the formation of the Russian legislation. The German and Russian criminal processes refer to the continental criminal procedural model. At present the criminal procedure model of Germany is one of the most influential, which has made the most significant progress in the geopolitical sense. In the practice of the European Court of Human Rights and in the criminal procedure law of Germany there is not the suspect as an independent participant of the criminal proceedings. But this does not mean the absence of rights of a person involved in the orbit of the criminal proceedings and against whom criminal prosecution is conducted.