Right to defense against criminal prosecution and right to a fair trial in short inquiry

Aleksandr Viktorovich Grinenko, Dmitrii Aleksandrovich Makarov, Artem Igorevich Neryakhin, Vasily Dzhonovich Potapov

Abstract


Objective: The purpose of this article is a comprehensive study and assessment of the current state of legislative regulation and the practice of applying the procedural procedure for ensuring the right to protection during the conduct of an inquiry in an abbreviated form, determining ways to resolve the accumulated theoretical and practical problems of implementing this activity, and on this basis developing proposals for improving criminal procedural legislation in the field under study and improving the effectiveness of law enforcement practice. Methods: The use of scientific methods allowed us to formulate an integral procedural mechanism for ensuring the right to protection during the investigation in an abbreviated form. Results: The article focuses on issues in ensuring the right to defense against criminal prosecution and right to a fair trial during a short inquiry with reference to the study of Russian and foreign criminal law and law enforcement practices. Conclusion: The authors proposed a new comprehensive approach to ensuring the right to protection during the investigation in an abbreviated form. Special attention is paid to the problems that law enforcement agencies often encounter. Regulatory proposals in the field of law enforcement have been developed.


Keywords


Rights and legal interests of the parties; Pre-trial proceedings; Protocol for pre-trial preparations

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References


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DOI: http://dx.doi.org/10.21902/Revrima.v3i32.5641

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