Law-enforcement questions of suspension of preliminary investigation in connection with a temporary serious illness of suspected (accused)

Бесплатный доступ

Introduction: the article deals with topical issues that arise with investigators (investigators) in cases where it is necessary to suspend a preliminary investigation in connection with a temporary serious illness of the suspect or the accused. Materials and methods: the article was prepared on the basis of the study of the current legislation, statistical data, theoretical positions on the topic under consideration, materials of criminal cases, opinions of practitioners carrying out preliminary investigation in criminal cases. When writing the article, the main method of cognition is used - dialectical, as well as private scientific methods - comparative-legal, statistical and formal-logical. Results of the study: the article analyzed the conditions necessary for deciding whether to suspend a preliminary investigation on the basis of a temporary serious illness of the suspect (accused). In particular, those medical documents that are used by investigators or investigators in practice as grounds for suspension of criminal proceedings are examined. Based on the analysis, conclusions were drawn and proposals were formulated to optimize law enforcement activities in the sphere in question. Discussion and conclusion: it is concluded that the medical report and the certificate from the doctor are different medical documents on the state of the patient's health. The officials conducting the preliminary investigation must act in accordance with the current criminal procedure legislation and be guided when deciding to suspend the criminal case under cl. 4 p. 208 of the Criminal Procedure Code of the Russian Federation solely with a medical certificate or a commission conclusion of a forensic (forensic psychiatric) examination.

Еще

Короткий адрес: https://sciup.org/142211854

IDR: 142211854   |   DOI: 10.24420/KUI.2018.31.11117

Статья научная