Social and educational aspect of the application of precautionary measures in the Russian criminal court proceedings

Автор: Trufanov Nikolay I.

Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz

Рубрика: Уголовный процесс

Статья в выпуске: 4 (20), 2021 года.

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The article deals with the issues of social conditioning of the measures of restraint chosen in relation to the subjects of criminal proceedings, as well as the peculiarities of their educational impact on the personality of the suspect (accused). Depending on the chosen preventive measure, the person in respect of whom it is applied experiences certain restrictions that do not always positively affect the person’s personality, especially for persons endowed with the status of a suspect. The preventive measures taken in relation to a person not involved in the commission of a crime can negatively affect his psycho-emotional state, affect the negative attitude towards him on the part of relatives, colleagues at work. At the same time, the preventive measures chosen in relation to the suspected (accused) person who is really involved in the commission of the crime allow him to restrict his freedom of movement or even temporarily isolate him from society, and are able to exert a preventive, educational effect on him. Based on the study, the author draws conclusions about the need to assess the nature and degree of impact of a particular preventive measure on the personality of the suspect (accused), taking into account the grounds for its application; defined a set of legal provisions that must be taken into account when choosing preventive measures.

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Preventive measures, suspect, accused, criminal proceedings, personality, upbringing, social conditioning

Короткий адрес: https://sciup.org/143178237

IDR: 143178237   |   DOI: 10.24412/2587-9820-2021-4-216-225

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