Limits of the use of protective booths in the courtroom

Автор: Orenburkina E.V.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Уголовный процесс

Статья в выпуске: 4 (23), 2019 года.

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Тhe Use of protective booths in Russian courts is recognized by the European Court of justice as not conforming to the norms of international law and is unacceptable in a civilized state. The main rulings of the European court of justice and the main comments and suggestions are given. However, at present the state is not ready to completely abandon this measure, which ensures reliable isolation of the suspect, the accused, the defendant in custody. The article presents a legal analysis of the legislation in this area, which has a multifaceted nature from criminal procedure legislation to a Set of rules for the construction of court buildings. The positive and negative aspects of the use of protective cabins are analyzed. The author defines the purpose of protective cabins. The decision to place the suspect, the accused, the defendant in the booth is taken by the court before each court session individually, taking into account all the circumstances relating to the identity of the detainee and the gravity of the act charged against him.

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Protective cabin, court session, detention, escort, european court, rights and freedoms of suspects, accused, defendants, metal cage

Короткий адрес: https://sciup.org/14119253

IDR: 14119253

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