Temporary suspension of the suspect and the accused: the grounds and the procedural order of application

The article is devoted to the study of the grounds and the procedural procedure for applying another measure of procedural coercion in the form of temporary suspension from office. The purpose of the study is to analyze in a problematic way the issues related to the legislative regulation in the Criminal Procedure Code of the Russian Federation of the grounds for the temporary suspension of a suspect and accused. The purpose of the study is also to analyze the procedural order of the court's consideration of the issue of temporary suspension from office, as well as the types of court decisions issued as a result of such consideration. According to the results of the study, the author comes to the conclusion that the Criminal Procedure Code of the Russian Federation does not fix the grounds for applying the considered measure of procedural coercion. In this regard, the author formulated such grounds and made a proposal to provide them in the norms of the criminal procedure law. The author comes to the conclusion that there is no proper legislative regulation of the procedural procedure for considering the issue of temporary removal from office of a suspect and accused, and therefore proposals have been made to improve this procedure. In particular, it is proposed to provide in the norms of the Criminal Procedure Code of the Russian Federation the procedure for holding a court session on the consideration of the issue of temporary suspension from office. The author believes that the court session on the consideration of the issue of temporary removal of a person from office can be held in the manner provided for the consideration of the issue of detention of a suspect or accused. As persons entitled to take part in such a court session, the author suggests that the Criminal Procedure Code of the Russian Federation should provide for a suspect or accused, their defense lawyer, prosecutor, victim or his representative, investigator, inquirer. The author also proposes to expand the list of types of decisions made by the court based on the results of consideration of a petition for temporary removal of a person from office.

criminal case, suspect, accused, temporary suspension from office, grounds, court session, decisions