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Security of the person in criminal proceedings
Content: Безопасности личности в уголовном процессе.rar 162,81 kB
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TABLE OF contentS
INTRODUCTION 3
CHAPTER 1 INSTITUTE FOR SECURITY PERSONALITY IN THE CRIMINAL PROCESS 7
1.1 The concept of security in criminal proceedings 7
1.2 Legal basis of the institution for ensuring the security of individuals in criminal proceedings 17
CHAPTER 2 CHARACTERISTICS OF MEASURES FOR SECURITY OF PERSONALITY IN THE CRIMINAL PROCESS 27
2.1 The concept and classification of security measures in criminal proceedings 27
2.2 Personal security measures provided for by the RF Code of Criminal Procedure 33
2.3 Other personal security measures stipulated by the legislation of the Russian Federation. 43
2.4 Comparative legal characteristics of the legislation of different countries on the issues of ensuring the security of individuals in criminal proceedings. 56
CONCLUSION 72
LIST OF USED SOURCES AND LITERATURE 78
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TEXT EXAMPLES:
INTRODUCTION
Art. 2 of the Constitution of the Russian Federation proclaims the recognition, observance and protection of the rights and freedoms of a person and a citizen by the state. One of the manifestations of state protection of constitutional rights to life, liberty, and personal integrity is to ensure the safety of citizens in criminal proceedings, which is an obvious priority of the Criminal Procedure Code of the Russian Federation.
The representative of the second approach is V.Voinikov, his judgments are reduced to the fact that the object of safety is “the protected interests of three groups: life, health, property rights of the subjects of the criminal process; information environment in criminal proceedings; the tasks of the bodies of preliminary investigation and the court of justice. "
2.1 The concept and classification of security measures in criminal proceedings
The system of ensuring security measures for protected persons cannot be limited only by procedural means and within the framework of criminal proceedings, that is, criminal procedure activities. It is complex, including a set of different sectoral security measures, the combination of which is a single goal - ensuring a secure environment for the participation of any person in criminal proceedings and assistance to him.
One of the important measures of legal protection is finding this category of persons under state protection in accordance with Part 1 of Art. 18 of the Federal Law "On operational investigative activities." This means that the state, through its representatives (relevant operatives and state law enforcement agencies), is obliged to comply with all rules provided for by this federal law and other regulatory legal acts aimed at ensuring the rights and legitimate interests of such a person.
In the US criminal process, there is a so-called “use” immunity and a deal immunity. The testimony given by the witness cannot be further used against him in any procedural actions, nor can they be used to initiate criminal proceedings.
Note: Thesis in the format: DOCX - Microsoft Office Word - 86 pages of text
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