The suspect (CCP): definition. The rights of the suspect. Article 46 of the code of criminal procedure

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2018-03-26 05:28:17

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All persons who in one way or another take part in the criminal procedure relations, are participants in the process (criminal justice) and therefore have a certain set of rights and responsibilities. In the current literature on the jurisprudence on this issue there is a certain point of view. The concept of a party to criminal proceedings and its subject are identical.

The Accused, the suspect, their lawyers and representatives, as well as the civil plaintiff in accordance with CCP are participants belonging to the defense.

The Suspect in the criminal process: the concept

A Comprehensive concept of the accused given in the first part of article 46. According to this legal norm, the person against whom law enforcement bodies have not simply there is a suspicion of committing a specific crime, but also carried out a certain procedural action. It can be measure (according to article 100) before being charged or a criminal case in cases of private-public and public prosecution, or detention.

suspect CCP

When the primary evidence (the confession, a statement, a message about committing a crime and documenting their validation by the investigator, body of inquiry, Prosecutor, investigator) have information that allows you to make the assumption that the offence has been committed by some person in the resolution on initiation of criminal case it must be specified. After that, this person referred to only as “suspect”. The CPC reflects this concept in a technical, narrow sense, and this should be borne in mind.

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If at the time the criminal case information about such a person is not, and it appears only in the course of the preliminary investigation, legally suspect it will not be considered.

The status of the suspect in time

Note that the suspect (code of criminal procedure that emphasizes) remains in this status for a short (limited) time. So, if he was arrested and then remanded in custody, while under it may not exceed ten days for the most part crimes that are reflected in the Special part of the criminal code. With the exception of acts that fall under the terrorist act, its preparation, assistance in implementation and some others. In these cases, the time increases to 45 days from the time that chose a measure of restraint. If it was not selected within two days, the suspect (code of criminal procedure, article 94, part 2) is released, and after this action formally, such person is no longer considered. However, the inquiry status will be preserved until the preparation of the Prosecutor of the indictment.

suspect in criminal proceedings

As with other participants, the suspect in the criminal process is not only specific duties but also rights. Let's consider them in more detail.

The Right to information about what suspect

This is perhaps the most important and overriding right of a suspect. Finding this status, the person is entitled to know what exactly he is suspected. Timely notice-is the responsibility of the person leading the preliminary investigation. This can be realized in several ways:

  • Provide face copies (duly certified) of the decision on excitation of criminal case against him, which reflects the grounds and reasons of this decision and the provisions of criminal law on the basis of which it was made;
  • Specify the reasons and grounds of detention in the detention record;
  • Specify in the resolution on application of a preventive measure in relation to the face before bringing him to formal charges of crimes which he is suspected.

the testimony of the suspect, CPC

It Should be borne in mind that the suspect has the right (article 46) to receive copies of the above documents (regulations, Protocol). Moreover, the service of documents shall be conducted during the day from the moment of their issuance or execution.

The Right to testify or to refuse them

By Law, a person suspected of committing criminal acts, are entitled to give evidence and explanations about existing against him of suspicion. Also he may refuse this action. In the first case, the person is warned that his testimony may later be used in a criminal case as evidence, even if the rejection of them. However, there is an exception. If the suspect waives his testimony, and in that moment, when they were given, was not present defender, the criminal procedure code they don't hold up in court.

As mentioned above, this is the right person, but not his responsibility. The suspect does not bear absolutely no responsibility for false information or for refusing to testify. The legislator considered that this approach would be the most optimal. Liability for false testimony could push a person to self-incrimination by the well-known principle: “the lesser Of two evils have to choose the least”.

right to petition

The Right to protection

The Suspect has the right to he was the defender.UPK allows you to use its services and assistance from the moment when it was actually carried out the detention, from the time when in respect of a person prosecuted, as well as other actions implemented in the framework of criminal prosecution.

The Right to provide evidence in the case

Article 46 in paragraph 4 of part 4 gives the suspect the right to provide evidence. It can be implemented in reality by giving testimony or providing investigating authorities or the Prosecutor of material objects, which are relevant to the present case. It can be various documents, objects, audio and video materials, etc note that this right are, and other participants in the proceedings in the criminal procedure code.

 features of detention of persons suspected of committing a crime

The Right to petition and objections

Under the application of the law to understand a formal request, a submission about anything. The suspect can file motions is not only about gathering new or additional evidence by the investigating authorities or the verification of versions that would have acquitted him, but also the requirements about the termination of criminal proceedings against him, as well as providing opportunities for consultation with any of the procedural documents, acts, etc. In any case it is always subject to review by the investigator. Can never be denied to the suspect or his defense counsel in the investigation, including the examination of witnesses or conducting of forensic examination, if the circumstances, the establishment of which was a motion to have the criminal case value.

The challenge, or in other words, the statement about the removal of any participant, may be asserted against the defender, specialist, expert, interpreter, judge, Prosecutor, investigator, investigator in circumstances that exclude their further participation in the proceedings.

Participation in the investigative actions

The Legal rights of the suspect to participate in the action (investigation), which are produced at his request (he himself claimed, advocate or legal representative) with the permission of the inquiry officer or investigator, familiarization with the protocols of action that were made with his direct participation and submission of observations on them, enshrined in paragraph 8, 9 part 4 of article 46.

The Law does not prohibit at the same time the suspect to participate in the actions of the investigation, which are produced at the initiative of other actors or bodies of preliminary investigation.

The Right to write a complaint

And the suspect and the accused are entitled to the drafting and filing of the complaints about the inaction or the actions and decisions of the judiciary, prosecutors and investigators, the Prosecutor. Security function in favor of such persons in this are of criminal-legal norms 125 and 126. They reflect complaints procedure and the procedure of its consideration by the authorized bodies, which requires a system response (notice of results of review and the decision made).

defender of the CCP

Right to notify relatives

At the request of the suspect within 12 hours from the moment of detention the investigator, interrogating officer or Prosecutor should notify any of his relatives (in case of their absence-of others) or to provide this opportunity to him. If the suspect is a national or citizen of another country, to report this information to the Embassy (Consulate) of the state.

the suspect and the accused

All rules have exceptions. And in this case too. These rights of the suspect (an adult) can be violated in the case if you want to keep the fact of detention secret in the interests of the preliminary investigation. This is only possible with the approval of the Prosecutor.

The Right to an interpreter and explanations in the native language

Keep in mind that not always in the Russian language provided explanations and evidence of the suspect. CCP gave this a party to criminal proceedings on the implementation of these actions in the language he best fluent, or native. The investigator and the investigator must ensure the possibility of realization of this right, including through the provision of an interpreter free of charge.

Then, in what language the proceedings are conducted in criminal case (state language or one of the subjects of the Russian Federation), in this situation it does not matter.

To summarize, I should say that the suspect CCP is entitled to defend itself by all available means and ways not prohibited by the criminal law. For example, indicated in the Constitution the right to free search, obtaining, transmission, and reproduction of, dissemination of information, the appeal for assistance to the media, human rights organizations and so on.

The Arrest of a suspect

The Arrest is a measure of procedural coercion which is used against the suspect by the Prosecutor, the investigator, the bodies of inquiry, investigator for the period up to 48 hours. It can be applied in that case, if the punishment for the offence for which the suspect entity, provides for imprisonment, and in the presence of one of the following reasons:

  • The Person caught in the committingcrime or immediately thereafter.
  • Eyewitnesses and/or victims pointed to the man as the person who committed the crime.
  • The man, with him, on his clothes, in the house the traces of the crime.

article 46

There are also certain features of detention of persons suspected of committing a crime under the age of 18 years. It takes into account the above information. However, it should be remembered that under the age of 16 persons who commit first time crimes of small and medium gravity shall not be imposed the penalty of imprisonment.


Article in other languages:

AR: https://tostpost.com/ar/the-law/12828-ccp-46.html

BE: https://tostpost.com/be/zakon/22980-padazravany-kpk-vyznachenne-prava-padazravanaga-artykul-46-kpk-rf.html

DE: https://tostpost.com/de/das-gesetz/22986-der-verd-chtige-stpo-die-bestimmung-rechte-des-verd-chtigen-artikel-46.html

ES: https://tostpost.com/es/la-ley/22998-el-sospechoso-c-digo-de-procedimiento-penal-definici-n-derecho-del-sos.html

HI: https://tostpost.com/hi/the-law/12841-46.html

JA: https://tostpost.com/ja/the-law/12850-ccp---46.html

KK: https://tostpost.com/kk/za/22966-k-d-kt-zhk-any-tau-sez-kt-n-46-bap-zhk-n-rf.html

PL: https://tostpost.com/pl/prawo/22928-podejrzany-kpk-definicja-prawa-podejrzanego-artyku-46-kpc-federacji-ro.html

PT: https://tostpost.com/pt/a-lei/22927-o-suspeito-pcc-s-defini-o-os-direitos-do-suspeito-o-artigo-46-do-cpc-r.html

TR: https://tostpost.com/tr/hukuk/22977-pheli-ceza-muhakemesi-tan-m-hakk-pheli-madde-46-ceza-muhakemesi-rusya-.html

UK: https://tostpost.com/uk/zakon/22956-p-dozryuvaniy-kpk-viznachennya-prava-p-dozryuvanogo-stattya-46-kpk-rf.html

ZH: https://tostpost.com/zh/the-law/13586-46.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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