Detention of a Person Subjected to Operational Investigative Prosecution

Yuriy B. Chupilkin, Yuriy V. Demidchenko

2021

Abstract

The research goal of the study was to consider the issues of detention in flagrante delicto as a result of operational and investigative activities. The research objectives included: to analyze the theory and practice of detention of persons subjected to operational-investigative prosecution; to conduct a survey of employees of operational-investigative units on the registration of the results of their actual detention; to formulate proposals to ensure the rights of a detained person subjected to operational-investigative prosecution. As a result of the study the authors of the article made the following conclusions. It is necessary to fix in the Federal law "On detective-search activity" a concept of "detective-search prosecution". Operational-investigative prosecution should be understood as carrying out of operative-investigative measures in respect of a person suspected of committing a crime in order to obtain information that can be used for further criminal prosecution against him. The authors of the study share the opinion of scientists on the illegality of detention of a person subjected to operative-search prosecution in the manner provided for by administrative legislation. The researchers support the idea of a unified approach to the regulation of the institution of detention by a separate federal law. The authors of the study propose to legislate: 1) to define the legal status of a suspected person subjected to operatively-search prosecution; 2) to provide for immediate inspection of a person during the implementation of his actual detention.

Paper Citation

in Harvard Style

Chupilkin Y. and Demidchenko Y. (2021). Detention of a Person Subjected to Operational Investigative Prosecution. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 50-55. DOI: 10.5220/0010628500003152

in Bibtex Style

@conference{closa21,
author={Yuriy B. Chupilkin and Yuriy V. Demidchenko},
title={Detention of a Person Subjected to Operational Investigative Prosecution},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={50-55},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010628500003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Detention of a Person Subjected to Operational Investigative Prosecution
SN - 978-989-758-532-6
AU - Chupilkin Y.
AU - Demidchenko Y.
PY - 2021
SP - 50
EP - 55
DO - 10.5220/0010628500003152