Procedural status of a suspect in criminal proceedings in Russia
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 4
, 2025
Rubrics: ARTICLES ABOUT CRIMINAL PROCEDURE
Authors:
1.
Volgograd Academy of the Ministry of Internal Affairs of Russia
(kafedra ugolovnogo processa UNK po PS v OVD Volgogradskaya akademiya MVD Rossii, docent)
Volgograd, Russian Federation
Volgograd, Russian Federation
Type:
Article
Pages:
from 79
to 85
Status:
Published
Received:
15.07.2025
Accepted:
11.10.2025
Published:
22.12.2025
Language:
Russian
Keywords:
Criminal case, procedural status, suspect, suspected person, detention of a suspect, preventive measure.
Abstract (English):
Introduction. Granting a participant in criminal proceedings a specific criminal procedural status in a criminal case is not an easy task, especially when it comes to a person suspected of committing a crime. The legislator took this issue very seriously, consistently enshrining in Part 1 of Article 46 of the Criminal Procedure Code of the Russian Federation four grounds for recognizing a person as a suspect. If everything is relatively clear with the application of the grounds described in paragraphs 1 and 4 of Part 1 of the named article of the Code, then the implementation of the provisions of paragraphs 2 and 3 encounters collisions both in the doctrine and in the practice of criminal proceedings. Detention of a person on suspicion of committing a crime is possible only for 81% of acts recognized as crimes, subject to the conditions prescribed by Article 91 of the Criminal Procedure Code of the Russian Federation. Selection of a preventive measure before filing charges is permissible only in relation to a person who already has the status of a suspect, accordingly, this basis is not applicable to a person suspected of committing a crime (suspected person). The purpose of the study, the results of which are reflected in this article, was to resolve such collisions through a comprehensive and systemic analysis of the procedural status of the suspect, the development of practical recommendations and proposals of a normative nature. Methods. The methodological basis of the study was formed by general scientific methods of scientific cognition (analysis, synthesis, questionnaires) and specific scientific methods used in jurisprudence (systemic-structural, formal-legal, comparative-legal, logical). Results. Based on the results of the study, it was concluded that in order to observe the rights and legitimate interests of persons suspected of committing a crime, it is necessary to include in the conceptual apparatus of the Criminal Procedure Code of the Russian Federation the definition of «a person suspected of committing a crime» (suspected person). This will allow distinguishing the subject designated by it from such a participant in pre-trial proceedings as a suspect. In addition, it is proposed to provide in Articles 91, 92, 100 of the Criminal Procedure Code of the Russian Federation the possibility of choosing a preventive measure not only for a suspect, but also for a person who has not yet received this status.
Introduction. Granting a participant in criminal proceedings a specific criminal procedural status in a criminal case is not an easy task, especially when it comes to a person suspected of committing a crime. The legislator took this issue very seriously, consistently enshrining in Part 1 of Article 46 of the Criminal Procedure Code of the Russian Federation four grounds for recognizing a person as a suspect. If everything is relatively clear with the application of the grounds described in paragraphs 1 and 4 of Part 1 of the named article of the Code, then the implementation of the provisions of paragraphs 2 and 3 encounters collisions both in the doctrine and in the practice of criminal proceedings. Detention of a person on suspicion of committing a crime is possible only for 81% of acts recognized as crimes, subject to the conditions prescribed by Article 91 of the Criminal Procedure Code of the Russian Federation. Selection of a preventive measure before filing charges is permissible only in relation to a person who already has the status of a suspect, accordingly, this basis is not applicable to a person suspected of committing a crime (suspected person). The purpose of the study, the results of which are reflected in this article, was to resolve such collisions through a comprehensive and systemic analysis of the procedural status of the suspect, the development of practical recommendations and proposals of a normative nature. Methods. The methodological basis of the study was formed by general scientific methods of scientific cognition (analysis, synthesis, questionnaires) and specific scientific methods used in jurisprudence (systemic-structural, formal-legal, comparative-legal, logical). Results. Based on the results of the study, it was concluded that in order to observe the rights and legitimate interests of persons suspected of committing a crime, it is necessary to include in the conceptual apparatus of the Criminal Procedure Code of the Russian Federation the definition of «a person suspected of committing a crime» (suspected person). This will allow distinguishing the subject designated by it from such a participant in pre-trial proceedings as a suspect. In addition, it is proposed to provide in Articles 91, 92, 100 of the Criminal Procedure Code of the Russian Federation the possibility of choosing a preventive measure not only for a suspect, but also for a person who has not yet received this status.
Keywords:
Criminal case, procedural status, suspect, suspected person, detention of a suspect, preventive measure.
Criminal case, procedural status, suspect, suspected person, detention of a suspect, preventive measure.
