Correlation between the Concepts of "Detention" and "Suspicion" in the Criminal Proceedings of Russia and Germany

Maiorova Ludmila V., Ploshkina Yana M.
2018 Journal of Siberian Federal University  
The study deals with one of the measures of criminal procedural coercion -detention and its correlation with the concept of "suspicion". Russian law fails to sufficiently regulate the issue on an individual's legal status under actual detention prior to criminal proceedings institution. Analysis of coercive measures is equally relevant both for Russia and for Germany. The doctrine of suspicion and significance of this concept in terms of criminal procedural coercion measures application have a
more » ... ong standing history in the criminal procedure law of Germany, so their analysis made by this research is of great importance to the Russian law enforcers. The definition of the concept of initial suspicion, the moment it occurs, as well as the way every specific occasion states the initial suspicion availability are of particular interest. The increase in coercive measures as a response to modern challenges: the fight against terrorism and organized crime is accompanied by increasing sensitivity to more precise regulation of existing ones, and it certainly concerns the concept of detention in the Russian criminal process. The multidimensional nature of the understanding of the legal nature of procedural coercion and the need for its research is based on the content of possible and necessary coercive impact in the course of criminal proceedings.
doi:10.17516/1997-1370-0294 fatcat:yow7tbmfbfayhhy7pl4orntf7y