Disease of suspect or accused as grounds for suspension of preliminary investigation

Introduction: The article is devoted to the analysis of the norms of the current criminal procedural legislation regulating the procedural order of making a decision to suspend the preliminary investigation in connection with the temporary serious illness of the suspect (accused). The authors have identified the main regularities of the development of domestic legislation regulating the suspension of preliminary investigation since the Statute of Criminal Procedure of the Russian Empire in 1864. The necessity of the existence of this criminal procedural institute has been determined, as well as the absence of independent comprehensive studies devoted to the procedural analysis, the procedure for suspending the preliminary investigation on the grounds of inability to suspend the preliminary investigation due to the health condition of the suspect (accused). Methods and Materials: the legal normative-legal base of the study was formed by the current criminal procedural legislation of the Russian Federation, as well as normative legal acts regulating the procedure of criminal proceedings in our country, which have lost legal force (Statute of Criminal Procedure of the Russian Empire in 1864, Criminal Procedure Code of the RSFSR in 1923, 1960), the results of scientific research devoted to the problem of suspension of preliminary investigation. The methodological basis of the study was the general dialectical method of scientific cognition of objective reality, as well as general scientific and private methods of induction, deduction, historical analysis, legal modelling, description and observation. The Results of the Study: Currently existing in the current criminal procedural legislation of Russia, the ground of suspension of preliminary investigation due to temporary serious illness of a suspect, accused was first normatively enshrined more than 160 years ago in the Statute of Criminal Procedure of the Russian Empire in 1864, and despite the political transformations that took place in the country and replaced each other, the codes of criminal procedure compulsorily contained this ground, which allowed to make decisions on the criminal procedure of a suspect or accused person. At the same time, the analysis of the existing judicial practice, normative fixation and available in the theory of criminal procedural law research results on this problem allowed us to come to the conclusion that it is necessary to make changes to paragraph 4 of part 1 of article 208 of the CPC of the RF. 1 part 4 of article 208 of the RF CCP. The main idea of such changes is that it is necessary to take into account not only the physical, but also the mental state of the suspect, accused person who is in the phase of aggravation and/or requires mandatory compliance with the temporary quarantine due to the potential danger to society.