Suspension of the preliminary investigation in accordance with p. 3 part 1 art. 208 code of Criminal Procedure Code

The article deals with the problematic issues of conducting a preliminary investigation in the context of the spread of a new coronavirus infection (COVID-19) and making a decision to suspend the preliminary investigation on the grounds provided for in paragraph 3 of part 1 of Art. 208 Code of Criminal Procedure of the Russian Federation. The analysis of the grounds and conditions for the suspension of the preliminary investigation, when the location of the suspect or the accused is known, but there is no real possibility of his participation in the criminal case. Materials and methods: the legal basis of the study was: the Constitution of the Russian Federation, the criminal procedure legislation of the Russian Federation and the Decrees of the President of the Russian Federation regulating the grounds, procedure and conditions for the suspension of the preliminary investigation, as well as dissertations and other scientific works that consider this issue. The methodological basis of the study was the general dialectical method of cognition of processes and phenomena, as well as cognitive methods, methods of logical deduction and induction, analysis and generalization . The results of the study: reflected the problematic issues that arise during the production of investigative and procedural actions in a criminal case and the adoption of a legal decision based on the results of the investigation. Findings and Conclusions: according to the results of this study in paragraph 3 of part 1 of Art. 208 of the Code of Criminal Procedure of the Russian Federation, it is proposed to introduce the concepts of suspension of a preliminary investigation, the basis and procedure for suspension of an investigation, the lack of a real opportunity for the participation of a suspect or accused in a criminal case, and to make changes and additions to Part 1 of Art. 208 Code of Criminal Procedure of the Russian Federation.