ON THE POLICE NATURE OF THE GROUNDS FOR DETAINING A SUSPECT

Abstract

Despite the general doctrinal development of the problems of detaining a person on suspicion of committing a crime, not all the issues of theory, legislative regulation and practice of this law-restrictive technique have been adequately addressed. In particular, the grounds for detaining a suspect, that is, the legal hypotheses that predetermine the objective need to use this measure of coercion against a person in connection with the probable prospect of bringing him or her to criminal liability, raise many questions. This article deals with them. Purpose: to identify the real reasons that predetermine the defects in the criminal procedure legislation, consisting in the absence of a clear relationship between the established grounds and the objectives of the suspect’s detention deriving from the law. Methods: general scientific (dialectical, systemic, logical, etc.) and specific scientific (formal-legal, comparative-legal, historical-legal, prognostic, etc.). Results: the author establishes that despite the attempts by the legislator to introduce the suspect’s detention into the system of measures of criminal procedure coercion, to make it a full form of exercise of jurisdictional powers, it has always been and remains nothing more than a preventive police technique that allows to immediately restrict the human right to freedom and security of person until he or she is brought before judicial investigation authorities. In this regard, the institution of suspect’s detention in general, and the grounds for detaining in particular, must be removed from the subject of criminal procedure regulation; they must be regulated not by the Code of Criminal Procedure of the Russian Federation but by a separ ate federal law.

Keywords

• suspect’s detention
• detention in custody
• coercive measures
• security of person
• grounds for detaining a suspect
• suspicion of committing a crime
• polic e detention