Comparative analysis of the procedural aspects of the forcible removal of containers with drugs transported intracavitary in the framework of the investigation of crimes in Germany and Russia

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The article is devoted to a comparative analysis of the Russian and German procedural legislations regarding the procedural aspects of the forcible removal from the body of containers with drugs, transported intracavitary. On the basis of the analysis of the criminal procedural legislation and the current investigative and judicial practice, the authors consider the possibility of the forcible removal of containers with drugs, transported intracavitary, using emetics. The shortcomings of the legal regulation of the issue are revealed. The authors propose some recommendations for law enforcement practice, which will allow us to evaluate the actions for the forcible removal of containers with narcotic substances from the human's body as legal, reasonable and proportionate, excluding humiliation of honour and dignity of a person.

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Containers with drugs, intracavitary way of transportation, emetics, medical examination, forcible removal, use of coercion, permissible coercion, inadmissibility of evidence, legality, proportionality

Короткий адрес: https://sciup.org/140257657

IDR: 140257657   |   DOI: 10.51980/2542-1735_2021_1_82

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