DETENTION AS A MEASURE OF RESTRAINT AGAINST A PERSON POSING A THREAT TO SOCIETY

Abstract

One of the current areas of reforming modern criminal proceedings is the consistent humanization of the institute of procedural coercion measures and detention as its central element. Unlike the Soviet era, when the use of detention was a general rule, today the legislator seeks to limit the scope of its application to exceptional cases. Purpose: to substantiate the author’s concept of improving this measure of restraint in national criminal proceedings on the basis of diagnosing and analyzing the problems of regulation and application of detention. Methods: the research is based on the provisions of materialistic dialectics, using general scientific (logical, analysis, synthesis, induction, deduction) and specific scientific (formal-legal, interpretation of legal norms) methods. Results: detention is as an exceptional measure of restraint, applied only if other measures cannot achieve the appropriate behavior of the criminally prosecuted person. The authors substantiate the adjustment of the grounds for choosing this measure of restraint, as well as the court’s obligation to examine all evidence in a criminal case for a legal and justified resolution of the investigator’s petition for detention. The authors propose to introduce such a term as «person posing a threat to society», and to link detention to its special purpose of preventing further criminal actions of the criminally prosecuted person.

Keywords

• procedural coercion measures
• measures of restraint
• conditions and grounds for choosing a measure of restraint
• detention
• exclusivity of detention
• purpose of detention
• judicial procedure for detention