Implementation issues in domestic criminal proceedings of the recommendations of the international law about detention of persons
Автор: Glukhova E.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право и процесс
Статья в выпуске: 2 (13), 2017 года.
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The article analyzes the structure of the differentiation of the terms of detention of the accused in custody. Attention is drawn to the fact that the structure and mechanism of election and extension of the terms of detention of persons accused of crime differ significantly depending on the stage of preliminary investigation (prosecution, the right to familiarize the accused with the materials of the criminal case, and the supervisory review of the criminal case by the prosecutor). At the same time, it is stated that the deadlines that would determine the total term of the accused’s being in custody throughout the whole criminal proceeding are not established by law. The conclusion is drawn that this legal position is not indisputable, which is confirmed by repeated complaints to the Constitutional Court of the Russian Federation and the European Court of Human Rights.
Detention, implementation of the law, european court of human rights
Короткий адрес: https://sciup.org/14119118
IDR: 14119118