Legal and Criminalistics Aspects of Tactics of Detention of the Persons
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Abstract
The purpose of given clause to consider, till now unsufficiently analyzed, problem of detention suspected in a crime. It is not only problem of the criminal remedial rights, but also administrative and police right. Detention of the persons on suspicion in fulfillment of a crime should be analyzed and in a context of the rights of the people.
In clause detention stipulated by the criminal remedial code, code of administrative offences and project by the criminal remedial code are compared.
In the working criminal remedial code and in the project the status detained on suspicion in fulfillment of a crime before excitation of criminal case and even the ambassador is not certain. It allows to break the rights of the people.
The author offers not to wait for the new criminal remedial code to enable to apply detention of the persons before excitation of criminal case, and also to allow to make a personal search at this stage of investigation of criminal case. However, obligatory condition of application of detention is the announcement such as detention (administrative, criminal), motives of detention, rights and duties detained.
In clause detention stipulated by the criminal remedial code, code of administrative offences and project by the criminal remedial code are compared.
In the working criminal remedial code and in the project the status detained on suspicion in fulfillment of a crime before excitation of criminal case and even the ambassador is not certain. It allows to break the rights of the people.
The author offers not to wait for the new criminal remedial code to enable to apply detention of the persons before excitation of criminal case, and also to allow to make a personal search at this stage of investigation of criminal case. However, obligatory condition of application of detention is the announcement such as detention (administrative, criminal), motives of detention, rights and duties detained.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
