Current Russian legislation clearly regulates the recognition of a person as a suspect in a criminal offense. Article 46 of the Code of Criminal Procedure of the Russian Federation defines persons who have the legal status of suspects and their rights in relation to the protection of their own interests.
Features of the appearance of the suspect
The decision to initiate a criminal case is made on the basis of the fact of a criminal offense or in relation to a specific person. If, when initiating a case, there is sufficient information to suspect a specific person of a crime, the decision to open a criminal case is taken in relation to this person. If the law enforcer doubts the involvement of a particular person in the case, he starts a case in connection with the crime committed.
When a criminal case is opened, the acquisition of the status of a suspect by a person will take place when he is detained on suspicion of carrying out illegal actions. Some mistakenly establish this status in relation to persons caught at the scene. Since at this moment the case has not yet been opened, according to legislative standards, the person caught is not a suspect. His status is limited to the term “detainee”.
In this case, the person acquires the status of a suspect at the stage of the preliminary stage of the investigation, when a preventive measure is taken against the detained person before being charged under Article 100 of the Code of Criminal Procedure.
Russian legislation on the suspect
The Criminal Procedure Code in article 46 in the latest edition defines the categories of persons who are considered suspects under the Code of Criminal Procedure of the Russian Federation. These include:
- Persons in respect of whom a criminal case has been initiated on the basis of suspicion of a crime, in compliance with the procedure established by Chapter 20 of the Code.
- Persons who were detained in accordance with Article 91, 92 of the Code, defining the procedure and grounds for detention.
- Persons in respect of whom it was decided to apply detention as a preventive measure prior to formal prosecution, in compliance with the provisions of Article 100 of the Code.
- Persons who have been notified of their suspicion of a criminal offense in compliance with the provisions of Article 223.1.
The list of grounds is closed, but may be supplemented by other concepts by introducing legislative acts and amending the provisions of the criminal law.
Cases of establishing the daily time limit for interrogation
With respect to the detained suspect, the maximum period for official interrogation by the investigator is determined - twenty-four hours from the moment of detention, if the basis for his detention, in accordance with Article 91 of the Code, is:
- Detection of a person at the time of the commission of a crime or immediately after the commission of a criminal offense.
- Identification of a person as having committed a criminal offense by victims or eyewitnesses.
- Detection of obvious traces of a crime on a suspect (with him), on clothes or at his place of residence.
The list of grounds for detention is open, as it may include other grounds that suggest that the suspect may be absconded before being formally charged.
General Rights Groups for All
Ensuring the rights of suspects lies with law enforcement officials who prosecute him. In this regard, they must ensure the implementation of the following features:
- rights related to all persons involved in the criminal process (awareness of rights, obligations and responsibilities; the opportunity to testify, complain, petition, declare something; use the free help of a linguist - translator; attach written materials to the case; state in relation to participants in the challenge process);
- the rights of the person participating in the investigative actions (to be notified of the use of technical means in investigative actions and to get acquainted with the protocols; to clarify and supplement the contents of the protocols; verify the correctness of the recorded evidence; refuse to sign the protocols with an explanation of the reasons);
- rights relating to both the suspect and the accused (to defend the rights; the right of the suspect / accused to be protected by a lawyer; a minor should have a representative on the basis of law; rely on the protection of the state; meet with a lawyer in private; get acquainted with the results of the examination, challenge it and otherwise participate in its conduct; examine relevant documents and completed forms).
Common Rights Groups for Suspect Only
Guarantees of the rights of the suspect must be provided by the interrogating officer or investigator.
These rights include the following:
- rights relating only to the suspect (use the services of a defense counsel; do not testify against loved ones and family members; use your written notes; study your testimonies and protocols of interrogations and confrontations; participate in investigative measures);
- the rights of detainees (enshrined in the Constitution of the Russian Federation, including the right to protection and adequate treatment, as well as to the implementation and execution of transactions and transfers of money, etc.).
Providing the suspect and the accused with the right to protect and use their own records is carried out by investigators and other persons involved in the proceedings.
These rights allow a person in respect of whom a criminal case has been initiated or will be instituted, to be aware of all the measures and actions taken against him, as well as to some extent control the actions taken.
Primary rights after detention
After the detention of the rights of the suspect under the Code of Criminal Procedure of the Russian Federation, they include the right, before the expiration of a three-hour period, for one telephone conversation in a language that the investigator or the interrogating officer (Russian) understand. The suspect is allowed to notify the next of kin or other relatives about the fact of detention and place of stay.
The investigator or interrogator, in turn, must make a note in the protocol of detention. If the suspect waived the right to make a phone call or was unable to make it on his own due to mental or physical disabilities, notification of the next of kin and other relatives is carried out by the investigator or interrogator.
List of persons to be notified
Within twelve hours from the detention, the investigator is obliged to notify the following persons about the detention of the suspect:
- If the suspect is a serviceman, the command of his unit is notified.
- If the suspect is an employee of the internal affairs bodies, his supervisor is notified.
- If the suspect is a member of the supervisory public commission, the secretary in the Public Chamber of the Russian Federation and the corresponding supervisory public commission are notified.
- If the suspect is a lawyer, the chamber of lawyers is notified.
- If the suspect is a citizen or a citizen of a foreign state, the consulate or embassy of that state is notified.
This list is closed and may be supplemented only by amending the relevant acts.
Document Rights
In addition to the right to make a phone call on the first day, according to the fourth part of Article 46 of the Code of Criminal Procedure, you can exercise other rights that a suspect has under the law. The CPC provides for the following rights:
- the right to know about suspicions against him;
- the right to receive a decision (copy) to institute criminal proceedings;
- the right to receive copies of other documents of a procedural type (protocol of detention; a decision indicating the application of a preventive measure).
Rights regarding interaction with the investigation and the defense counsel
When interacting with other persons, the suspect has the following rights:
- The right to testify and explain what he is accused of, or to report a refusal to testify or to explain. In the event that the suspect agrees to testify or make a statement, he is warned about the possibility of using them as evidence in a criminal case and in criminal proceedings, even if he subsequently refuses them. In the event that the testimony was given in the absence of the defender of the accused, they cannot be used in court.
- The right to receive assistance from a public or private defense attorney from the moment a criminal case is opened, from the moment of detention or delivery of a notice of recognition of a person as a suspect.
- The right to confidential communication with counsel.
- If the suspect is engaged in activities in the field of entrepreneurship, he has the right to freely communicate with a notary representing his interests in entrepreneurship.
Judicial Rights
The rights of a suspect in a criminal process exercised in court include the following:
- The right to submit evidence.
- The right to petition and challenge.
- The right to testify in the native language or in Russian.
- The right to free translator assistance.
- The right to familiarize himself with the minutes of the investigative measures taken and the actions in which he participated and to comment on them.
- The right to participate in investigative actions with the consent of the inquiry officer or investigator, which are held at the request of the accused or his representative.
- The right to appeal decisions and actions (or inaction) of an inquiry officer, department head or inquiry head, prosecutor, investigator or court.
- The right to use other means and methods of protection that are not prohibited by law.
The list is closed and may be supplemented only by amending the relevant acts.
Among all groups of rights, the most important is the right to defend oneself and ensuring the suspect's right to defense by the investigation.
The status of the suspect from the point of view of jurists
Scientific advisers are constantly posting new comments on the CPC. Article 46 of the Code of Criminal Procedure is an example of immediate action if a suspect in a criminal trial appears.
From the moment a suspect appears in a criminal case, a criminal prosecution begins to operate and the main indictment is developed. Carrying out this work means the beginning of legal relations between an official, an authorized state, an official and a person suspected of committing a specific criminal offense. The investigator or the inquirer shall prove the guilt of the suspected person, and he, in turn, shall be protected from suspicion.
From the moment the authorized person decides to initiate a case and begin criminal prosecution of a person in which his rights and freedoms will be substantially affected, the person is officially considered a suspect.
Suspect Status Changes
A citizen ceases to be a suspect when one of the following circumstances occurs:
- An accusatory act or decision has been issued against the suspect, according to which he becomes the accused.
- The criminal case is being discontinued.
- Prosecution of a criminal nature ends.
- The detainee is released. A preventive measure does not apply to him, and he is not notified that he is a suspect.
- The preventive measure chosen in relation to the suspect is canceled.
Upon the occurrence of one of the above facts, a person may become either free or accused, depending on the circumstances.
The commented article reveals the rights of the suspect, but not in full. The full picture can be revealed by a comprehensive review of the provisions of the criminal procedure law.
Suspect's Responsibilities
- To come to the interrogating officer, investigator, and to the court on time appointed by these persons, or to notify of good reasons for the impossibility of being present in advance.
- Follow the rules of conduct in accordance with the preventive measure applied to him.
- When a suspect is placed in custody, he is obliged to comply with legal requirements put forward by the administration of the institution and to comply with the relevant procedure at the location.
- Agree to an examination, search of a personal nature, delivery of samples for research, obtaining medical assistance, conducting examinations, etc.
Failure to perform at least one of these duties entails the possible prosecution of the criminal procedure type. These include:
- Obligation to attend.
- Suspension from office for a while.
- Drive unit.
- The arrest of property.
The list of measures may be supplemented, as appropriate.
In connection with the violation of the rights and obligations of persons suspected of committing criminal offenses, many complaints are received. In most cases, this is due to the negligent attitude of the inquiry and investigation staff during the criminal prosecution. Therefore, complaints submitted by suspects and their representatives are examined with particular care to prevent future violations of their rights.