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Title article: ISSUES OF CRIMINAL PROCEDURE REGULATION OF THE DETENTION OF AWANTED SUSPECT
UDC: 343.1
Section: LAW
Authors: Yakovleva Svetlana A.;Yunisov Ildar R.
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Annotation:

The authors draw attention to the fact that the detention of a wantedsuspect is a subject to the rules provided for in Chapter 12 of the Criminal Procedure Code, this is mentioned by the legal provision of part 3 and 4 of Article 210of the Criminal Procedure Code of the Russian Federation. However, Chapter 12 of the Criminal Procedure Codeof the Russian Federation does not regulate the detention of a suspect in connection with a search. The announce-ment of the suspect on the wanted listfollows from his violation of the obligationto be “in the criminal case”in connection with the crime investigation. At the same time, it is not clear that thereare no legislative prescrip-tionsto explain to the suspect such an obligationand hisfulfillment of obligationsarising from the purposes of selecting preventive measures, named in article 97of the Criminal Procedure Code of the Russian Federation. The legislator does not establish requirements for the explanation of a suspect, received the status of one of the formal-legal grounds, specifiedin paragraphs1–4 of part 1 of Article 46 of the Criminal Procedure Code of the Russian Federation, the obligation not to abscond from the bodies of investigation and court (not to leave the place of permanent residence, to be on call), not to engage in criminal activity, not to interfere with the proceedings in a criminal case.Therefore, it is impossible to talk about the existence of a criminal procedural relationship between a suspect and a subject of criminal jurisdiction with their mutual rights and obligations. The authors draw attention to thelack of a clear criminal procedural regulation of the search for a suspect and his detention and propose the legislative establishment of forms of procedural interaction between the investigation and inquiry bodies, the investigation bodies and the court at the place of detention or at the place of investigation of a criminal case.The core of the interaction should be a separate search order with fixation in it of the search order, actual arrest, personal search of the de facto detainee, immediate notification of the actual arrest of the wanted citizen and delivery to the investigation authorities.The suspect must be interrogated immediately after the detention order has been issued, which, according to the authors, requires legislative establishment.

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