The issue of correlation of criminal prosecution and preventive measures
Автор: Levchenko Evgeniya V., Sukharevskii Vladimir I.
Журнал: Вестник Омской юридической академии @vestnik-omua
Рубрика: Уголовный процесс
Статья в выпуске: 2 т.17, 2020 года.
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Preventive measures in criminal proceedings significantly limit the rights and freedoms of a person who has not yet been found guilty of a crime by a court verdict, while a preventive measure in the form of remand in custody and holding a person in custody in a penitentiary system are comparable in severity of consequences and the degree of restriction of rights with the punishment of imprisonment. In this regard, a number of guarantees are required in the criminal process to ensure protection against arbitrary, unjustified and excessive restriction of the constitutional rights and freedoms of participants in legal proceedings. In addition, a clear delineation of process categories is required. The article discusses the correlation of criminal prosecution and the application of preventive measures, identifies conflicting provisions in the law and proposes a variant of their change, and also discloses a mechanism for specifying the general conditions for all preventive measures in relation to a preventive measure in the form of custody.
Criminal prosecution, preventive measures, imprisonment, coercive measure, suspect, conditions of applying preventive measures, detention
Короткий адрес: https://sciup.org/143172745
IDR: 143172745 | DOI: 10.19073/2658-7602-2020-17-2-230-236