Obstacles to the right to defence of a person regarding whom a crime report is being investigated, and how to address them

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The relevance of the article is due to the difficulties of applying the provisions of the criminal procedure legislation of the Russian Federation in terms of ensuring the protection of a person who is actually restricted in the constitutional right to freedom of movement due to his suspicion of involvement in the commission of a crime, as well as a person against whom the staff of the bodies of inquiry or preliminary investigation initiated the implementation of a socially dangerous act due to suspicion procedural actions, restricting him in the exercise of a number of constitutional rights at the first stage of criminal proceedings. Comparison of some provisions of the Criminal procedure law of the Russian Federation, defining the participation of the defender, with the actual procedure for calling a lawyer to provide protection in criminal proceedings, including through automated systems introduced into law enforcement practice. The ways of achieving timely provision of protection to a person in need of it as a result of verification of his involvement in a committed socially dangerous act are proposed.

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Actual suspicion, suspect, protection from criminal prosecution, verification of a crime report, stage of initiation of a criminal case, defender

Короткий адрес: https://sciup.org/143179817

IDR: 143179817   |   DOI: 10.55001/2587-9820.2023.36.93.016

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