Anuchina O.V. —
Criminal proceedings in the case of death of the suspect or the accused
// Police and Investigative Activity. – 2021. – ¹ 3.
– P. 1 - 11.
DOI: 10.25136/2409-7810.2021.3.36598
URL: https://en.e-notabene.ru/pm/article_36598.html
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Abstract: There’s a necessity to study criminal proceedings in the case of death of the accused or the suspect as a differentiated form. The purpose of the research is the development of the optimal approach to the understanding of the form of criminal proceedings in the case of death of the suspect or the accused. The research subject is the criteria of a special procedure in relation to the peculiarities of the criminal proceedings in the case of death of the suspect or the accused. The author considers the criteria of differentiation of a procedural form, the most significant for this research, with account of the provisions of the Law on Criminal Procedure, theoretical concepts, the legal position of the Constitutional Court of Russia, and the explanations of the Plenum of the Supreme Court of Russia regarding the proceedings against a dead person. The scientific novelty of the research is determined by the ongoing development of the theoretical background of criminal proceedings in the case of death of the accused or the suspect. Based on the analysis, the author formulates the conclusion that these proceedings should be classified as specific and enshrined in the law as a specific form of proceedings. The significant criteria of the proceedings against a dead person are: the purpose, the way of deciding on the criminal liability, the composition of legal relations, the requirements to their participants, the specific nature of criminal procedure, the socio-legal status of a justiciable person. The results of the research can be used for scientific and research purposes, and can be taken into account when preparing amendments to the Criminal Procedure Code of Russia related to criminal proceedings in the case of death of the suspect or the accused.
Anuchina O.V., Anuchin A. —
Certain procedural means of studying the identity of the wanted suspect (accused) in the Information and communication environment
// Politics and Society. – 2021. – ¹ 3.
– P. 1 - 11.
DOI: 10.7256/2454-0684.2021.3.37090
URL: https://en.e-notabene.ru/psmag/article_37090.html
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Abstract: This article examines the procedural means of studying the identity of the wanted suspect (accused) in the conditions of proliferation of high technologies. The object of this research is criminal procedure legal relations, within the framework of which the investigating officers examines the identity of the suspect (accused) for tracing their location. The relevance of the selected topic is substantiated by the practical need of law enforcement authorities to reduce the number of criminal cases shelved due to tracking down the suspect. The goal of this work lies in assessment of the procedural means from the perspective of their possible application in investigation of the information and communication space. Special attention of given to the main instrument of preliminary investigation agencies – investigative measures. It is determined that the preliminary investigation agencies are limited in the use of information and communication space for criminal tracking. The novelty lies in the attempt to view the procedural means of studying information systems from the perspective of government and private databases, iCloud, dating site, social networks, instant messengers, Internet applications, etc. However, their use requires new procedural forms. The development of such forms would improve the effectiveness of the activity of preliminary investigation agencies in tracking down the suspects (accused).