Reasonable period in criminal proceedings in the duration of remand in custody

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Introduction: the author discusses the most pressing issues on extending the detention period resulting in the violation of reasonable period in criminal proceedings. Materials and Methods: the author used dialectical method of cognition of social and legal, and moral foundation, comparative legal method (which allowed compare legal provisions and the results of their realization), dogmatic (which allowed create legal norms), statistical (through which the author complied qualitative and quantitative indicators over the last three years on the election and extension of a preventive measure in the form of remand in custody). Literature Review: to prepare the article, the author analyzed the views of scientists, processualists, practitioners. Results: the violation of reasonable period in criminal proceedings due to unreasonable, illegal, and formalistic extension of the duration of remand in custody is analyzed through the author’s view. The author concludes on the complex nature of the challenge due to illegal, unreasonable, and wrong actions of both investigative authorities and courts, and in some cases the participants themselves in criminal proceedings. Discussion and Conclusions: to solve the main problems identified in legal regulation of extending the period of police custody resulting in violation of a reasonable time for criminal proceedings the author formulates proposals on legal amendments.

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Accused, preventive measure, detention, reasonable term of criminal proceedings, extension of custody

Короткий адрес: https://sciup.org/142238597

IDR: 142238597   |   DOI: 10.37973/KUI.2023.78.30.013

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