Rossinskiy S.B. On the “High” Legal Value of Interrogating a Suspect (While He/She is in Custody in the Procedure of Part 12 of the Criminal Procedure Code of the Russian Federation)
DOI: https://doi.org/10.15688/lc.jvolsu.2018.4.18
Sergey B. Rossinskiy, Doctor of Sciences (Jurisprudence), Professor of Department of Criminal Procedure Law, Kutafin Moscow State Law University, Sadovaya-Kudrinskaya St., 9, 125993 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
https://orcid.org/0000-0002-3862-3188
Introduction: currently, the interrogation of a person detained on suspicion of committing a crime is burdened with a number of the doctrinal and applied problems caused both by the lack of the proper procedural regulation and deeper (methodological) reasons. In this regard, the author of the article aims to analyze and understand the existing problems and to offer the solutions. Methods: the methodological framework for this study is a set of methods of scientific knowledge, in particular the universal dialectical method, as well as the methods of analysis, synthesis, analogy, historical and legal method, the method of systematic research, etc. Results: 1) with the reduction of the jurisdictional (investigative) powers in the general mechanism of detention, the interrogation remains almost the only procedural action that allows the investigator to fully communicate with the suspect in the legal framework established by the Criminal Procedure Code of the RF; (2) when interrogating, the investigator must explain to the suspect his/her rights, the grounds and reasons for the detention and also find out whether he/she or his/her counsel wishes to express his/her attitude to the detention. Conclusions: in the context of the constitutional and inter-sectoral approach to the procedure of the detention of a suspect proposed in a number of other works of the author, his/her interrogation acquires a “high” legal significance. It is the interrogation as the first procedural act of the detainee’s interaction with the investigator that has to cause the beginning of the implementation of criminal prosecution (formal declaring the person an arguido) and assume the need of advising him/her of all their rights provided by Art. 46 of the Criminal Procedure Code of the Russian Federation.
Key words: interrogation of a suspect, detention of a suspect, suspect, suspicion, rights of a suspect.
Citation. Rossinskiy S.B. On the “High” Legal Value of Interrogating a Suspect (While He/She is in Custody in the Procedure of Part 12 of the Criminal Procedure Code of the Russian Federation). Legal Concept, 2018, vol. 17, no. 4, pp. 125-132. DOI: https://doi.org/10.15688/lc.jvolsu.2018.4.18
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