Circumstances Subject to Proof in the Course of Proceedings on an Application, Consideration and Resolution of Petitions for the Detention of Suspects Accused of Being Placed in Custody

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Abstract

Purpose of the study. The article deals with the problems of legal regulation and practice of proof in the production of an application, consideration and resolution of petitions for the conclusion of suspects accused in custody. Conclusions. Detention is the most severe measure of restraint in the Russian criminal process. Its severity dictates the need for a correct definition of the subject and limits of production for its application. The limits of the above proceedings should be determined by the scope and content of the application for the application of detention. In particular, specific information about the involvement of a person in a committed crime, for which he is suspected or charged, data characterizing the identity of the suspect, the accused with their documentary confirmation attached to the same petition, the motives of why in relation to a particular suspect, the accused other, milder preventive measures, data indicating the existence of the provisions of Art. 97 of the Code of Criminal Procedure of the Russian Federation on grounds for choosing preventive measures, on the special complexity of a criminal case, on the effectiveness of organizing a preliminary investigation, etc.

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About the authors

Lyubov D. Kalinkina

Ogarev Mordovia State University

Email: ldkal@rambler.ru
Cand. Sci. (Law), Associate Professor, Honorary Lawyer of the Russian Federation, Honored Lawyer of the Republic of Mordovia; Head of the Department of Criminal Procedure, Justice and Prosecutorial Supervision of the Faculty of Law. Saransk, Republic of Mordovia, Russian Federation

References

  1. Kalinkina L.D. On the question of the mandatory assessment of information about the involvement of a suspect, accused in committing a crime in court decisions on detention // Gaps in Russian legislation. 2021. No. 7. Pp. 27-31.
  2. Material No. 3/2-2/2022 // Archive of the Leninsky District Court of Saransk. 2022.

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