Правові горизонти (May 2024)
Theoretical and modern approaches to the search for a suspect
Abstract
The article is devoted to changes in the legislation on the search for a suspect which may occur in accordance with the specific needs of society caused by current trends and problems. Such changes may take into account technological progress, international standards, human rights and other factors. Established individual identity of the wanted person is a mandatory condition. It is the established individuality of the wanted object that serves as the main criterion for distinguishing between wanted and search (when the individuality of the object has not yet been established), since it makes it possible to clearly identify the object and narrow the scope of the investigator's search activities. The author proves that investigation is a comprehensive system of detective, investigative and other procedural actions, operational and search activities based on criminal procedure, operational and search legislation and bylaws, which is carried out by the subjects authorized by law and is aimed at locating known objects. The article examines both theoretical and modern means of searching for a suspect, and considers the possibility of introducing a special warrant for collecting electronic evidence. Another important innovation of this institution is the definition of clear deadlines for making a decision on the execution of a European arrest warrant: the decision on execution must be made within 60 days after the arrest of the wanted person, and in rare cases this period may be extended to 90 days. If the detained person consents to the transfer, the relevant decision to execute the European Arrest Warrant must be taken within 10 days after the consent is received. This provision of the Framework Decision has definitely contributed to the improvement of the timing of the execution of the European Arrest Warrant. In addition, the European Union legislation establishes deadlines for the transfer of a wanted person, which should be carried out as soon as possible, determining the date agreed between the relevant authorities. Nevertheless, such a person must be handed over no later than ten days from the date of the final decision to execute the warrant. If the transfer of the person becomes impossible within this period due to force majeure, the judicial authorities shall agree on a new date for the transfer of the person. However, the scientific literature has expressed the opinion that the legal regulation of covert activities in the implementation of the European Investigative Warrant should be considered unsatisfactory. This is due to the fact that the rules governing this activity do not include minimum procedural standards and requirements for its conduct, and the conclusions drawn regarding the development of ways to search for a suspect. At the present stage, with the development of information technology and mass data collection, the search has become a more systematic and automated process. The use of biometric technologies, the analysis of large amounts of data, and cooperation between countries play a key role in modern search methods.
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