Trifonova K.A., Shmatov M.A., Perekrestov V.N. The Identification of Close Relatives of the Deceased Suspect or Accused in Criminal Proceedings: The Problems of the Legal Regulation and Interaction
DOI: https://doi.org/10.15688/lc.jvolsu.2021.2.12
Kristina A. Trifonova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Preliminary Investigation, Educational and Scientific Complex for Preliminary Investigation in the Internal Affairs Bodies, Volgograd Academy of the Ministry of Internal Affairs of Russia, Istoricheskaya St, 130, 400089 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-0755-1871
Mikhail A. Shmatov, Doctor of Sciences (Jurisprudence), Professor, Department of Preliminary Investigation, Educational and Scientific Complex for Preliminary Investigation in the Internal Affairs Bodies, Volgograd Academy of the Ministry of Internal Affairs of Russia, Istoricheskaya St, 130, 400089 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-1736-704X
Vadim N. Perekrestov, Candidate of Sciences (Jurisprudence), Associate Professor, Justice of the Peace, Judicial District No. 47, Sovetskaya St, 67, 404171 Svetly Yar, Volgograd Region, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-3978-5389
Introduction: the termination of a criminal case or refusal to initiate a criminal case on a non-rehabilitative basis, provided for in paragraph 4, part 1, Article 24 of the Code of Criminal Procedure of the Russian Federation, will have a certain degree of specificity in the production of procedural actions. A sign of this type of proceedings is the appearance of a special category of subjects of criminal procedural relations – close relatives of the deceased person, who can initiate further investigation of the criminal case and its consideration in court in order to rehabilitate the deceased suspect or accused. These subjects are involved in the plane of legal relations in connection with the presence of their “legitimate interest”, both of a property and non-property nature. A detailed study of the criminal procedure status of a person against whom the criminal prosecution was carried out, but he was not given the status of a suspect or accused, is due to the need to establish the circle of his close relatives. The effectiveness of this activity depends both on the successful interaction of the subject of the investigation with the body of inquiry and other state bodies, and on the legal regulation of the situation in criminal proceedings of close relatives and other interested persons of the deceased. The purpose of the study is to analyze the legal status of the deceased person not only at the stage of procedural verification, but also at the stage of preliminary investigation, as well as to suggest the ways to solve problems, related to the involvement of close relatives and other interested persons of the deceased in the investigation process, including through the use of various forms of interaction of the subject of the investigation with the body of inquiry and the state bodies. Methods: in the course of the study, the general and specific scientific methods were used, namely: comparative research, system analysis and logical-legal. Results: the paper analyzes the current regulatory regulation of the legal status of a deceased person during a procedural check before making a decision to refuse to initiate a criminal case, and provides a comparative legal analysis of similar legal provisions under the legislation of some foreign countries. The problems associated with the moment when it is necessary to obtain the consent of close relatives for making a decision in accordance with paragraph 4 of part 1 of the article are identified. 24 of the Code of Criminal Procedure of the Russian Federation, the directions and conditions of the activity of the investigative body in connection with the adoption of this decision are defined. It is indicated that the circle of related persons whose opinion needs to be clarified is not defined in the law. In this regard, it is proposed to rely on the position of the Constitutional Court of the Russian Federation and find out the opinion primarily of close relatives, the establishment of which depends on the successful application of various forms of interaction. Conclusions: the legislative recommendations are proposed to improve the legal status of a deceased person who has not yet been given the status of a suspect or accused, but in relation to whom the criminal prosecution was carried out. The paper analyzes in detail the activities of the investigation body to identify close relatives in order to clarify their opinion on the decision made in accordance with paragraph 4, part 1, Article 24 of the Criminal Procedure Code of the Russian Federation. The recommendations on the organization of interaction aimed at identifying the specified participants in the criminal process are given.
Key words: death of a suspect or accused, termination of a criminal case, refusal to initiate a criminal case, close relatives, interaction.
Citation. Trifonova K.A., Shmatov M.A., Perekrestov V.N. The Identification of Close Relatives of the Deceased Suspect or Accused in Criminal Proceedings: The Problems of the Legal Regulation and Interaction. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 2, pp. 90-99. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.2.12
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