FEATURES OF THE IMPLEMENTATION OF DETENTION IN RESPECT OF CONVICTED PERSONS (SUSPECTS, ACCUSED) COMMITTED THE OFFENCE WHILE SERVING A PUNISHMENT OF DEPRIVATION OF LIBERTY
Rubrics: CRIME – PUNISHMENT – CORRECTION
Authors:
1.
Akademiya FSIN Rossii
2.
Akademiya FSIN Rossii
Type:
Article
Pages:
from 118
to 123
Status:
Published
Received:
28.03.2017
Accepted:
28.03.2017
Published:
28.03.2017
Subject area:
UDK 343.8:343.126
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
measure, detention, convict, imprisonment, the suspect, the accused, detention facility, prison, the institution executing the penalty of deprivation of liberty, specially equipped premises functioning in the regime of remand
Abstract (English):
In article the institute of detention is considered. The analysis of the specified measure of restraint is carried out in relation to features of its application to convicts (the suspect, the defendant) who have committed crimes during serving sentence in the form of imprisonment. Authors prove impossibility of application to convicts (the suspect, the defendant) who have committed crimes during serving sentence in the form of imprisonment, other measures of restraint as owing to stay of the person in the conditions of isolation neither recognizance not to leave, nor observation of command of military unit, nor supervision for the minor defendant, nor pledge, nor house arrest can unconditionally be applied. The conclusion is drawn on complex char-acter of measures of procedural coercion - application of the considered measure of restraint is preceded by detention of the suspect. Also legal status of the persons who are already imprisoned, and again taken into custody in view of commission of a new crime by them is exposed to a research. The suspects and defendants from among convicts who have committed crimes during serving sentence in the form of imprisonment concerning whom as a measure of restraint detention is chosen can contain: in pretrial detention centers of a penal correction system; prisons; in territories of the institutions executing punishment in the form of imprisonment in the rooms which are specially equipped for these purposes functioning in the mode of pretrial detention centers. At the same time irrespective of the place of detention the mode providing respect for the rights of suspects and defendants, execution of the duties by them, their isolation has to be set. The conducted research allowed to draw a conclusion on need of strict observance of requirements of the criminal procedure legislation and inadmissibility of substitution of procedural means criminal and executive.
In article the institute of detention is considered. The analysis of the specified measure of restraint is carried out in relation to features of its application to convicts (the suspect, the defendant) who have committed crimes during serving sentence in the form of imprisonment. Authors prove impossibility of application to convicts (the suspect, the defendant) who have committed crimes during serving sentence in the form of imprisonment, other measures of restraint as owing to stay of the person in the conditions of isolation neither recognizance not to leave, nor observation of command of military unit, nor supervision for the minor defendant, nor pledge, nor house arrest can unconditionally be applied. The conclusion is drawn on complex char-acter of measures of procedural coercion - application of the considered measure of restraint is preceded by detention of the suspect. Also legal status of the persons who are already imprisoned, and again taken into custody in view of commission of a new crime by them is exposed to a research. The suspects and defendants from among convicts who have committed crimes during serving sentence in the form of imprisonment concerning whom as a measure of restraint detention is chosen can contain: in pretrial detention centers of a penal correction system; prisons; in territories of the institutions executing punishment in the form of imprisonment in the rooms which are specially equipped for these purposes functioning in the mode of pretrial detention centers. At the same time irrespective of the place of detention the mode providing respect for the rights of suspects and defendants, execution of the duties by them, their isolation has to be set. The conducted research allowed to draw a conclusion on need of strict observance of requirements of the criminal procedure legislation and inadmissibility of substitution of procedural means criminal and executive.
Keywords:
measure, detention, convict, imprisonment, the suspect, the accused, detention facility, prison, the institution executing the penalty of deprivation of liberty, specially equipped premises functioning in the regime of remand
measure, detention, convict, imprisonment, the suspect, the accused, detention facility, prison, the institution executing the penalty of deprivation of liberty, specially equipped premises functioning in the regime of remand
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2. Grishin D. A. Aktual'nye voprosy zakonnosti proizvodstva doznaniya. Ryazan', 2010. 128 s
