On the Issue of the Compulsory Assessment of Information About the Involvement of a Suspect Accused of Committing a Crime in Court Decisions on Detention
( Pp. 187-190)
More about authors
Kalinkina Lyubov Danilovna
Cand.Sci.(Law), Associate Professor, Honorary Lawyer of the Russian Federation, Honored Lawyer of the Republic of Mordovia, Head of the Criminal Procedure, Justice and prosecutorial supervision Department, Law institute
National Research Ogarev Mordovia State University
Saransk, Russian Federation
National Research Ogarev Mordovia State University
Saransk, Russian Federation
Abstract:
Purpose of the study. The article examines the problems of assessing information about the involvement of a suspect, accused of committing a crime in court decisions on detention. The significant prevalence of complaints in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation, petitions for the application of preventive measures on the basis of a court decision to increase the judicial workload gives rise to haste in their consideration and resolution, gives rise to stereotyped approaches to the drafting of court decisions on them. The article analyzes judicial statistics and the practice of satisfying and refusing to satisfy the investigator's petitions to choose a preventive measure in the form of detention. Conclusions. The author concludes that the law should prohibit detention judges from considering and deciding the merits of a criminal case against those accused who have been detained or extended by the same judge.
How to Cite:
Kalinkina L.D., (2021), ON THE ISSUE OF THE COMPULSORY ASSESSMENT OF INFORMATION ABOUT THE INVOLVEMENT OF A SUSPECT ACCUSED OF COMMITTING A CRIME IN COURT DECISIONS ON DETENTION. Gaps in Russian Legislation, 7 => 187-190.
Reference list:
Generalization of the judicial practice of the application of the provisions of Art. Art. 108, 109 of the Code of Criminal Procedure of the Russian Federation by the courts of the Republic of Mordovia. - URL: http://vs.mor.sudrf.ru/modules.php?name=docum_sud&id=688.
Generalization of the judicial practice of the application of the provisions of Art. Art. 108, 109 of the Code of Criminal Procedure of the Russian Federation by the courts of the Republic of Mordovia. - URL: http://vs.mor.sudrf.ru/modules.php?name=docum_sud&id=688.
Material No. 3 / 2-109 / 2021 // Archive of the Leninsky District Court of Saransk. 2021.
On the practice of the courts' application of legislation on preventive measures in the form of detention, house arrest, bail and prohibition of certain actions: Resolution of the Plenum of the Supreme Court of the Russian Federation of December 19, 2013 No. 41. - URL: http://www.supcourt.ru/documents/own/8379/.
https://znachenie-slova.ru
Generalization of the judicial practice of the application of the provisions of Art. Art. 108, 109 of the Code of Criminal Procedure of the Russian Federation by the courts of the Republic of Mordovia. - URL: http://vs.mor.sudrf.ru/modules.php?name=docum_sud&id=688.
Material No. 3 / 2-109 / 2021 // Archive of the Leninsky District Court of Saransk. 2021.
On the practice of the courts' application of legislation on preventive measures in the form of detention, house arrest, bail and prohibition of certain actions: Resolution of the Plenum of the Supreme Court of the Russian Federation of December 19, 2013 No. 41. - URL: http://www.supcourt.ru/documents/own/8379/.
https://znachenie-slova.ru
Keywords:
judgment, detention, suspicion, involvement, validity, suspect, accused.
