The ratio of publicity and confidentiality when providing security for participants in criminal proceeding

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The paper deals with the ratio of public and confidential (secret, confidential) processes of providing safety for participants of modern Russian criminal legal proceedings. The safety of participants in criminal proceedings is related to promotion of criminal justice and is aimed at achieving the goal of the criminal proceedings, realized in the context of a public hearing on the merits. At the same time, the process of ensuring the safety of participants of the criminal proceedings shall be confidential, giving rise to a contradiction of two proceedings procedures. The restriction of information on the criminal case violates the right of the accused person on access to information, the process of proof on criminal case, realization of the right for protection. At the same time, criteria of such restriction don't contradict constitutional norms, which establish the possibility of restricting individual rights for ensuring the rights of other persons.

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Protected person, witness protection, victim protection, closed court session, identification out of visual control, crime prevention, publicity, confidentiality, right to defense, process of proof

Короткий адрес: https://sciup.org/147150025

IDR: 147150025   |   DOI: 10.14529/law150402

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