P.A. Smirnov The Detention and the First Inquiry of the Detainee Suspect according to the Criminal Procedural Legislation of Russia and Germany

Abstract: the differences in the regime of the fi rst inquiry of the detainee within the legal procedure in Russia and Germany has, fi rst of all, two main aspects. First of all, it is the subject of the inquiry. Unlike to Russia, where this act is held by the investigator (inquiry offi cer), in Germany this act is held by the independent (judicial) institute of power, free of interdepartmental interests. Of course, it strengthen the notion of the inquiry at the analyzed level of the criminal procedural activity. Second, as it is seen, the term till the inquiry starts according to the Criminal Procedural Code of Germany could be practically twice longer, making 24 hours, then the time, provided by the Criminal Procedural Code of RF. Actually, that fact should be treated rather than an advantage, because the Russian term is not enough to get prepared either by the detainee or the investigator. It deals with the necessity to solve many organizational questions, causing important procedural consequences — participation of the attorney in the criminal case (it is the obligation of the investigator), coordination of the case theory (by the attorney), etc. the author detects some rather perspective directions of perfection of the criminal procedural legislation of the both countries.

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