Problems of Criminal Law and Criminal Procedure in International Search

Maksim Yurievich Tarasov

2021

Abstract

During the operational search activities and criminal proceedings it is often necessary to issue an international search warrant for a person in order to arrest and extradite him/her. In such cases, a number of questions related to the regulation of criminal law and criminal procedure arise, the answers to which are not obvious, and are not available in the scientific literature. Based on the analysis of Russian legislation and practice of its application, the standards of international law, as well as scientific information sources and references, the answers to a number of questions have been substantiated, including: the types of offences for which an international search warrant can be issued against a person; whose competence it is to issue an international search warrant against a person; documented justification for issuing an international search warrant against a person; against which persons (with what standing) an international search warrant can be issued; who and at what stage applies the measure of restrain in the form of taking into custody for an internationally wanted person. The answers received provide grounds for improving the regulations governing the declaration of an international search for a person in the Russian Federation with a view to arrest and extradition, as well as the practice of their application. The purpose of the research is to identify the problems in criminal law and criminal procedure in the field of international search and to substantiate options for solving them in the legislation and law enforcement practice. In order to achieve this, the following objectives are being pursued: the types of offences for which an international search warrant is issued against a person are identified; the bodies and officials whose competence includes issuing an international search warrant against a person are identified; the documented justification for issuing an international search warrant against a person are identified; the analysis is made in order to identify against which persons (with what standing) an international search warrant can be issued; the analysis is made in order to study who and at what stage chooses the measure of restraint in the from of taking into custody for an internationally wanted person.

Paper Citation

in Harvard Style

Tarasov M. (2021). Problems of Criminal Law and Criminal Procedure in International Search. 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 348-356. DOI: 10.5220/0010642100003152

in Bibtex Style

@conference{closa21,
author={Maksim Yurievich Tarasov},
title={Problems of Criminal Law and Criminal Procedure in International Search},
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={348-356},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010642100003152},
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 - Problems of Criminal Law and Criminal Procedure in International Search
SN - 978-989-758-532-6
AU - Tarasov M.
PY - 2021
SP - 348
EP - 356
DO - 10.5220/0010642100003152