scholarly journals APPLICATION OF PREVENTIVE MEASURES AGAINST A MINOR SUSPECT OR ACCUSED DURING THE PRELIMINARY INVESTIGATION

2020 ◽  
Vol 30 (6) ◽  
pp. 869-874
Author(s):  
L.G. Tatyanina ◽  
S.Kh. Mukhametgalieva
Keyword(s):  
Preventive Measures ◽  
Preliminary Investigation ◽  
Optimal Solution ◽  
Preventive Measure ◽  
Legitimate Interests ◽  
A Minor ◽  
Juvenile Suspects

The article considers the grounds and conditions for making a decision on applying a preventive measure against a minor, and defines the grounds for choosing a specific preventive measure. The problems that arise in connection with the need to apply a preventive measure against a minor are highlighted. Conclusions are formulated on the settlement of problems that arise when solving questions about the application of a preventive measure against a minor suspect or accused, and the optimal solution is proposed. It is indicated that it is unacceptable to apply preventive measures in certain cases against juvenile suspects and accused persons in connection with the need to protect their rights and legitimate interests. The grounds and conditions for applying certain preventive measures against juvenile suspects accused during the preliminary investigation are determined, and the expediency of refusing to apply them is justified.

scholarly journals criminal proceedings, minor, suspect, accused, legal status, preventive measures, measures of restraint not related to isolation from society

2021 ◽  
Vol 2021 (4) ◽  
pp. 132-139
Author(s):  
Ol'ga Tuchina
Keyword(s):  
Legal Status ◽  
Preventive Measures ◽  
Optimal Solution ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Legitimate Interests ◽  
A Minor ◽  
The Impact ◽  
Juvenile Suspects

The relevance of the topic is determined by the importance of the rights, freedoms and legitimate interests of a minor who is a participant in criminal proceedings as a suspect or accused. It is generally recognized that the value of the legal system is determined, inter alia, by the legislator’s attention to these intangible benefits of minors, to the legal norms on the basis of which the protection of these persons in criminal proceedings is ensured. The purpose of the article is to identify the legal features and problems in the field of legal regulation of preventive measures chosen in Russia by underage suspects (accused), which do not contribute to isolation from society. Preventive measures that are not related to the isolation from societyof a juvenile prosecuted by justice become an object of the article. The problems identified in the designated area of legal regulation and the ways of their optimal solution corresponding to these problemsare considered as the subject of the article. The article reflects the issues of the concept, the legal nature (essence) of the measures of restraint chosen in relation to juvenile suspects (accused), not related to isolation and a system of such measures. It is noted that the Russian legislator, paying attention to the rights and legitimate interests of this category of persons, in standards regulating preventive measures, does not take into account the peculiarities of the legal status of a minor suspect and accused, the specifics of the application of preventive measures, as well as the aspects of the impact of isolation (not isolation) from society on psycho-physical condition of these persons.The novelty is defined by thesubstantiation that the humanistic principles of international law and Russian legislation should be reflected in preventive measures for minors with the priority of measures that prevent isolation from society, and, accordingly, from the family, where the formation of the moral aspects of the individual, traditions and universal values take place. As a result, the author proposes the author’s definition of the legal category “measures of restraint chosen by minors, not related to isolation from society”, reflects the legal peculiarities of preventive measures chosen against juvenile suspects or accused, substantiates the need to amend Art. 423 of the Criminal Procedure Code of the Russian Federation.

Features of the election of such preventive measure as house arrest in relation to minors

2020 ◽  
Vol 2020 (2) ◽  
pp. 153-157
Author(s):  
Ekaterina Manohina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
House Arrest ◽  
The Supreme Court ◽  
The Russian Federation ◽  
A Minor

In the article, the author turns to the study of the peculiarities of choosing such a preventive measure as house arrest for minors. Due to the fact that the Code of Criminal Procedure of the Russian Federation does not precisely define cases when a court must elect a house arrest in relation to minors, in practice there are often difficulties in which cases to choose such a preventive measure as detention, and in which house arrest. In the work, the author attempts to determine the essence of such a preventive measure as house arrest and the peculiarities of his election in relation to minors, and also considers the prohibitions and (or) restrictions to which minors cannot be subjected. The positions contained in the resolution of the Plenum of the Supreme Court “On the practice of the application by the courts of legislation on preventive measures in the form of detention, house arrest and bail” are analyzed. The author expresses the opinion that it is inadvisable to choose such a preventive measure as house arrest for minors. Based on the study, the author makes recommendations on the possibility, at the discretion of the court, to make adjustments to the prohibitions and (or) restrictions to which a minor suspect or accused will be subjected to whom such a preventive measure as house arrest is chosen.

ADDITIONAL GUARANTEES OF DEFENSE OF RIGHTS AND LEGITIMATE INTERESTS OF JUVENILE SUSPECTS, ACCUSED ON THE STAGE OF THE PRELIMINARY INVESTIGATION

2020 ◽  
pp. 176-184
Author(s):  
I. I. Kartashov ◽  
M. A. Kamyshnikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Juvenile Suspects

The article analyzes the provisions of the criminal procedure law to implement supplementary guaran-tees to defend the rights and legitimate interests of juvenile suspects, accused on the stage of preliminary inves-tigation. Based on the analysis of law enforcement practice, the authors propose changes to certain provisions of the Criminal Procedure Code of the Russian Federation

Problems of the rights of participants of criminal proceedings in terms of measures of restraint

2015 ◽  
Vol 9 (1) ◽  
pp. 24-32
Author(s):  
Виктор Новгородцев ◽  
Viktor Novgorodtsev
Keyword(s):  
Preventive Measures ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
The Body ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Family ◽  
The Relationship ◽  
Investigative Activity

The article considers the relationship to ensure the rights and freedoms of participants in the proceedings and other persons in the process of application and the election of preventive measures involving deprivation of liberty. The decision on measures of restraint in the form of home arrest must be justified by specific factual circumstances. They may not be data untested in court, in particular the results of operational-investigative activity granted in violation of the requirements of Art. 89 of the Criminal Procedure Code. The legislator leaves the list of premises open to the court with the circumstances of the case where it shall be entitled to decide on the specific premises for the execution of home arrest at its discretion. The Court needs to check the base of residence of the suspect or the accused in a particular dwelling. That must be a house where the defendant resides, where his property and / or the family resides. Location of home arrest may be outside the municipality, in the territory of which the preliminary investigation on the condition that this would not preclude the implementation of the criminal proceedings, in particular bringing the person in the body of inquiry or preliminary investigation body and the court. The essence of home arrest as a preventive measure, a specific set of prohibitions and restrictions are analyzed. At the same time the court should take into account the identity of the suspect or the accused. Necessary additions are proposed to the law to regulate the process of preparing a preventive measure.

scholarly journals Judicial jurisdiction in the application of a preventive measure in the form of detention

2021 ◽  
Vol 1 ◽  
pp. 68-70
Author(s):  
Y.R. Gershevskiy ◽  
Keyword(s):  
Preventive Measures ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Arkhangelsk Region ◽  
Criminal Procedure Law

The article deals with a set of problems related to judicial jurisdiction in the application of preventive measures in the form of detention. A number of additions to existing legislation on the use of preventive measures in the form of detention are proposed. This article deals with the peculiarities of the application of a preventive measure, such as detention. The main features of its use were established. The procedural characteristics of such a type of preventive measures as detention are studied, the procedural measures related to the detention of a suspect/ accused/defendant are analyzed, the provisions of the current criminal procedure law are analyzed. It is stated that ensuring the rights of suspects accused when choosing and applying a preventive measure in the form of detention against them is faced with difficulties, primarily due to the fundamental problems of the entire Russian criminal proceedings: the excessive length of the proceedings, its excessive bureaucratization, formalism, the hypertrophied role of the preliminary investigation before the trial, poor conditions of detention and others. Materials of St. Petersburg, Arkhangelsk region are used.

SOME FEATURES OF CRIMINAL PROCEDURE IN RUSSIA IN CONNECTION WITH THE SPREAD OF CORONAVIRUS INFECTION (COVID-19)

2020 ◽  
Vol 10 (3) ◽  
pp. 149-154
Author(s):  
YURI FRANCIFOROV ◽  
◽  
MARINA BARANOVA
Keyword(s):  
Preliminary Investigation ◽  
Preventive Measure ◽  
Judicial System ◽  
Emergency Situations ◽  
Judicial Proceedings ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Judicial Actions ◽  
Emergency Measures

The purpose of the article is to consider the peculiarities of investigative and judicial actions that are caused by their postponement, the inability to attract a lawyer, as well as the suspension of the preliminary investigation during the period of emergency measures taken by the government of the Russian Federation in response to the outbreak of the coronavirus infection pandemic (COVID-19). The authorsanalyze the features of the courts activity in connection with the coronavirus pandemic, which is associated with minimizing the personal reception of citizens and submitting documents via electronic Internet reception offices of courts or by Russian Post, as well as the possibility of conducting online court sessions. The authors come to the conclusion that the judicial system was not sufficiently prepared for the pandemic, and therefore it is urgently necessary to adopt a special normative act that would regulate the implementation of judicial proceedings in emergency situations, allowing to continue to consider urgent cases, including materials on the election, extension, cancellation or change of a preventive measure.

Possible preventive measures against the spread of COVID-19- A Review article

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 475-481
Author(s):  
Jotheeswari P ◽  
Yuvaraj M ◽  
Balaji K ◽  
Gunapriya Raghunath ◽  
Kumaresan M
Keyword(s):  
Preventive Measures ◽  
Antiviral Drug ◽  
Preventive Measure ◽  
Thought Process ◽  
Precautionary Measure ◽  
Online Tools ◽  
The World ◽  
Base Of Support ◽  
A Current ◽  
Pharmaceutical Interventions

COVID-19 is a current sensational and dangerous threat that affects millions of people across the world. As the day progresses the rate of growth of COVID-19 drastically increases. No vaccine or specific antiviral drug are active against corona, therefore, preventing the exposure to the virus is the base of support against its spread across the world. Despite the implementation of preventive measures, the rate of virus-infected cases progressively increases which stimulates our thought process to raise a question, whether the preventive measures that we follow are effective against the spread of COVID-19 infection. Evidence from previous literature obtained from various online tools implies multiple preventive measures that should be followed and also illustrates their mechanism of action against the active spread of COVID-19 infection. According to the results from the evidence, we can identify the gold standard preventive measure among the described preventive measures. The precautionary measure encompasses both pharmaceutical interventions and non- pharmaceutical interventions among which non-pharmaceutical measures are superior in the prevention of the developing pandemic. Among the non-pharmaceutical interventions, social distancing is the paramount to other measures in the mitigation of the spread of viral infection.

APPLICATION FEATURES OF TECHNICAL AND FORENSIC TOOLS BY AN INVESTIGATOR (THE INTERROGATOR) DURING INTERROGATION IN THE PRETRIAL DETENTION CENTER

2020 ◽  
pp. 48-53
Author(s):  
Роман Михайлович Морозов ◽  
Дмитрий Юрьевич Волков
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Literature ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Evidence Based ◽  
Detention Center ◽  
Pretrial Detention ◽  
Forensic Tools

Целью статьи было рассмотреть проблемные аспекты тактико-криминалистического применения технических средств при производстве допроса, предложить научно обоснованные рекомендации по их использованию. В статье раскрываются особенности применения технико-криминалистических средств процессуально уполномоченными должностными лицами органов предварительного следствия и дознания при производстве допроса подозреваемых (обвиняемых), в отношении которых избрана мера пресечения в виде заключения под стражу. По результатам проведенных исследований правоприменительной практики и научной литературы авторами раскрываются процессуальные и тактические основания и порядок применения технических средств при производстве допроса на отдельных его этапах, предлагаются решения проблем, связанных с применением технико-криминалистических средств, даются рекомендации по порядку применения отдельных технических средств. Выделяются наиболее целесообразные тактические приемы допроса при применении технических средств фиксации. Авторами предложены изменения в уголовно-процессуальное законодательство по совершенствованию законодательных норм в области применения технических средств при производстве следственных действий. Сформулированные в статье выводы могут быть использованы в правоприменительной практике следователями (дознавателями) при производстве допроса в следственном изоляторе, а также при преподавании отдельных дисциплин: «Уголовный процесс», «Криминалистика», а также специальных курсов (по выбору) уголовно-правового профиля. The purpose of the article was to consider the problematic aspects of the tactical and forensic use of technical means during the interrogation, to offer evidence-based recommendations for their use. The article reveals the features of the use of technical and forensic means by the procedurally authorized officials of the preliminary investigation and inquiry bodies during the interrogation of suspects (accused), in respect of which a preventive measure in the form of detention has been chosen. According to the results of the research of law enforcement practice and scientific literature, the authors reveal the procedural and tactical grounds and the procedure for the use of technical means during the interrogation at its individual stages, offers solutions to problems associated with the use of technical and forensic means, gives some recommendations on the order of application of individual technical means. The most appropriate tactics of interrogation, the use of technical facilities of fixation. The authors propose changes to the criminal procedure legislation to improve the legislative norms in the field of application of technical means in the investigative actions realization. The conclusions formulated in the article can be used in law enforcement practice by investigators (inquirers) during the interrogation in the pretrial detention center, as well as in the teaching of certain disciplines: «Criminal procedure», «Criminalistics», as well as special courses (optional) of criminal law profile.

scholarly journals On Some Issues on the Pre-Trial Investigation Stage

2021 ◽  
Vol 2 ◽  
pp. 42-48
Author(s):  
Aleksey B. Shapoval ◽  
Keyword(s):  
Rule Of Law ◽  
Preventive Measures ◽  
Preliminary Investigation ◽  
Criminal Prosecution ◽  
Psychological Violence ◽  
Low Level

The article is devoted to the analysis of a complex of problems associated with cases of psychological violence against suspects, accused for the purpose of obtaining confessions from them. The paper highlights the connection of this problem with the problems meet almost every application of bodies of inquiry, investigation courts, excessive stiffness of selected preventive measures, lack of rule of law by the prosecution during the preliminary investigation and participation in the restoration of violated rights of the defendants and low-level work of lawyers for the protection of violated rights of their clients. The author comes to the conclusion that the greatest problem in the field of protection of the rights and freedoms of both the suspect and the accused is the complexity of countering criminal prosecution, the procedural purpose of which is to obtain an accusatory result.

scholarly journals Relation between Prevention to Trauma and Family Income on Infant Population of Curitiba, Brazil

2012 ◽  
Vol 1 (2) ◽  
pp. 106-109
Author(s):  
Fernando Gioppo Blauth ◽  
Allysson Calixto ◽  
Amanda Damazio ◽  
Marino Miloca Rodrigues ◽  
Claudio Jose Beltrão ◽  
...  
Keyword(s):  
Family Income ◽  
Preventive Measures ◽  
Seat Belt ◽  
Preventive Measure ◽  
Public And Private ◽  
Marked Influence ◽  
Great Effectiveness ◽  
The Family ◽  
Chemical Products ◽  
Made In

ABSTRACT Background Trauma prevention made in the childhood presents great effectiveness for it is in this age that habits and values of safety and citizenship are created. This research intends to analyze which preventive measures are more frequently adopted by the parents of 0 to 12-year-old children and find the relation between prevention and family income. Study design For data collection we handed questionnaires to the parents of children studying in public and private schools in Curitiba-PR, Brasil. The information obtained was analyzed by the programs Epi Info® and Excel®. Results A total of 609 questionnaires were analyzed 291 children (47.8%) were female and 318 (52.2%) were male. From the total, 604 (99.2%) declared to take at least one preventive measure. The most common measures were: 'leaving the handle of the pan inward the stove' with 562 (92.28%), 'wearing seat belt' with 560 (91.95%) and 'leaving medicines and chemical products out of reach' with 541 (88.83%). The parents marked on the questionnaires which measures they adopted with their children out of a list with eight examples. Families with the income of 1 minimum wage (MW) had an average of 2.92 marked options; with the income of 1 to 3 MWs an average of 3.6; 3 to 6 MWs an average of 4.73; 6 to 10 MWs average of 4.91 and above 10 MWs average of 5.31. Discussion Even though most of the families used at least one kind of preventive measure with their children, the family income has marked influence on the amount and type of adopted measures. How to cite this article Blauth FG, Calixto A, Damazio A, Rodrigues MM, Beltrão CJ, Bahten LCV. Relation between Prevention to Trauma and Family Income on Infant Population of Curitiba, Brazil. Panam J Trauma Critical Care Emerg Surg 2012;1(2):106-109.

Sign in / Sign up

Export Citation Format

Share Document