All persons who one way or another take part in criminal procedural relations are participants in the process (criminal proceedings) and, therefore, have a certain set of rights and obligations. In modern jurisprudence literature there is a certain point of view on this subject. The concepts of the participant in the criminal process and his subject are identical.
The accused, the suspect, their lawyers and representatives, as well as the civil plaintiff, in accordance with the Code of Criminal Procedure, are participants belonging to the defense.
Criminal Suspect: Concept
A comprehensive concept of the accused is given in the first part of Art. 46. According to this legal norm, this is a person against whom the law enforcement authorities not only suspect that he has committed a specific crime, but also committed a certain procedural action. This may be a preventive measure (according to Article 100), before a charge is brought or a criminal case is brought up in cases of public-private and public prosecution, or detention on suspicion.
When the initial investigative materials (confession, statement, report of a crime and documentary evidence of their verification by the investigator, inquiry body, prosecutor, interrogating officer) have information that allows us to make an assumption that the criminal act was committed by a certain person, a decision to institute criminal proceedings, it must be indicated. After this, this person is referred to as a “suspect”. The CPC reflects this concept in the formal legal narrow sense, and this should be borne in mind.
If, at the time of the initiation of the criminal case, there is no information about such a person, and it appears only during the preliminary investigation, in the legal sense, he will not be considered a suspect.
Time suspect status
Note that the suspect (the Code of Criminal Procedure of the Russian Federation emphasizes this) stays in this status for a short (limited) time. So, if he was detained and further detained, the time of his stay in it cannot exceed ten days for most of the crimes that are reflected in the Special Part of the Criminal Code. The exceptions are acts falling under a terrorist act, its preparation, assistance in implementation, and some others. In these cases, the time increases to 45 days from the moment the preventive measure is chosen. If she was not selected within two days, then the suspect (Code of Criminal Procedure, Art. 94, para. 2) is subject to release, and after this action the person is not formally considered as such. However, in the process of an inquiry, the status may remain until the prosecutor draws up the indictment.
Like other participants, a criminal suspect has not only certain responsibilities, but also rights. Let's consider them in more detail.
The right to information about exactly what they suspect
This is perhaps the most important and dominant right of the suspect. Having acquired just such a status, a person has the right to know what exactly he is suspected of. A timely notification is the responsibility of the person conducting the preliminary investigation. There are several ways to implement this:
- providing the person with a copy of the (duly certified) decision to institute criminal proceedings against him, which reflects the grounds and reasons for the adoption of this decision, as well as the criminal law on the basis of which this was done;
- an indication of the reasons and grounds for the detention in the detention protocol;
- an indication in the decision on the application of a certain preventive measure in relation to a person prior to the presentation of an official charge against him, the crimes of which he is suspected.
It should be borne in mind that the suspect has the right (Article 46) to receive copies of the above documents (resolution, protocol). Moreover, the delivery of documents should be carried out within 24 hours from the time of their issuance or execution.
The right to testify or refuse
By law, a person suspected of committing a criminal offense is granted the right to testify and explain about suspicions against him. He may also refuse this action. In the first case, the person is warned that all his testimonies can be used in the criminal case as evidence, even if there is a refusal of them. However, there is an exception. If the suspect refuses his testimony, and the defender was not present at the moment they were given, the Code of Criminal Procedure does not count them in court.
As mentioned above, this is a person’s right, but not his duty. The suspect bears absolutely no responsibility for false information or for refusing to testify. The legislator considered that such an approach would be the most optimal. Responsibility for false testimony can push a person to self-incrimination according to a long-known principle: "Of the two evils, the least must be chosen."
Right to defense
The suspect has the right to have a defender. The Criminal Procedure Code allows you to use his services and assistance from the moment the detention was actually carried out, from the time when a criminal case was instituted against the person, as well as other actions carried out in the framework of criminal prosecution.
The right to provide evidence in a case
Section 46, paragraph 4, paragraph 4 gives the suspect the right to provide evidence. It can be implemented in reality by giving evidence or by providing the investigating authorities or the prosecutor with tangible items that are directly related to the case. It can be various documents, objects, audio and video materials, etc. Note that other participants in the proceedings under the CPC also have this right.
The right to petition and challenge
Under the petition in jurisprudence understand an official request, an idea of something. The suspect can send petitions not only for the collection of new or additional evidence by the investigating authorities or verification of versions that would justify him, but also for the termination of the criminal prosecution against him, as well as providing an opportunity to familiarize himself with any procedural documents, acts, etc. e. In any case, it is always subject to review by the investigator. The suspect or his defense counsel may never be refused to carry out investigative actions, including questioning witnesses or conducting a forensic examination, if the circumstances, the establishment of which the petition was requested, are of significance for this criminal case.
A challenge, or, in other words, a statement to remove any participant in the process from the case, may be filed with regard to counsel, specialist, expert, translator, judge, prosecutor, interrogating officer, investigator due to circumstances that preclude their further participation in the proceedings.
Participation in investigative actions
The legal rights of the suspect to participate in actions (investigative) that are carried out at his request (he declares himself, the defense attorney or legal representative) with the permission of the inquiry officer or investigator, familiarization with the protocols of these actions that were carried out with his direct participation and filing on them comments, enshrined in paragraphs 8, 9, part 4, article 46.
The law does not prohibit at the same time the suspect from participating in those investigative actions that are initiated by other participants in the process or preliminary investigation bodies.
The right to write a complaint
Both the suspect and the accused have the right to draw up and file a complaint about inaction or actions and decisions of the judiciary, investigators and interrogators, the prosecutor. At the same time, the criminal law norms 125 and 126 have a security function in favor of these persons. They reflect the procedure for filing a complaint, as well as the procedure for its consideration by authorized bodies, which provides for a mandatory system for giving a response (notification of the results of the consideration and the decision made).
Right to notify relatives
At the request of the suspect, within 12 hours from the moment of detention, the investigator, interrogating officer or prosecutor must notify one of his close relatives (in case of their absence - other persons) or provide such an opportunity to himself. If the suspect is a citizen or a citizen of another country, this information should be reported to the embassy (consulate) of this state.
Of all the rules there are exceptions. And in this case, too. These rights of the suspect (adult) may be violated if it is necessary to keep the fact of detention secret in the interests of the preliminary investigation. This is possible only with the approval of the prosecutor.
The right to an interpreter and explanation in the native language
It should be borne in mind that the explanations and testimonies of the suspect are not always provided in Russian. The Code of Criminal Procedure vested a given criminal justice participant with the conduct of these actions in the language that he or she knows best or in his native language. At the same time, the interrogator and investigator must ensure the possibility of exercising this right, including by providing an interpreter free of charge.
The language in which the criminal case is being conducted (the state language or the language of one of the constituent entities of the Russian Federation) does not matter in this situation.
Summing up, it should be said that the suspect of the Code of Criminal Procedure is vested with the right to defend himself with all available means and methods that are not prohibited by criminal law. For example, the right specified in the Constitution to freely search, receive, transmit and reproduce, disseminate information, seek assistance from the media, human rights organizations, and so on.
Suspect Detention
Detention is a measure of procedural coercion, which is applied to a suspect by the prosecutor, the interrogating officer, the bodies of inquiry, the investigator for a period of up to 48 hours. It can be applied if the punishment for the crime, the commission of which the person is suspected of, involves the deprivation of liberty, and in the presence of one of the following grounds:
- The person was caught at the time the crime was committed or immediately afterwards.
- Eyewitnesses and / or victims referred to the person as the person who committed the crime.
- Traces of a crime were found on a man, with him, on his clothes, in a house.
There are also certain features of the detention of persons suspected of committing a crime and under the age of 18 years. It is made taking into account the above information. However, it should be remembered that persons under the age of 16 who have committed crimes for the first time and qualified as minor or medium gravity are not sentenced to imprisonment.