In the framework of criminal proceedings, a key figure is suspect. CPC establishes the conditions under which a person receives this status. With the advent of such a subject in the process, the implementation of the prosecution function and the development of the main version of the prosecution begin. The Code of Criminal Procedure contains article 46. It reflects all the main provisions relating to the acquisition of a specified status by a person. Let's consider it in more detail. 
Suspect: Definition
An entity receives the indicated status if:
- In respect of him, criminal proceedings are opened on the grounds and rules provided for in Sec. 20.
- He is detained in accordance with Articles 91 and 92.
- One of the measures of restraint provided for by the law has been applied to him before being charged, according to Art. 100.
- He was notified of the suspicion of a crime in the manner prescribed by Art. 223.1.
Rules of Procedure
A person detained in the manner provided for in Article 91 must be interrogated within 24 hours after the actual restriction of his freedom of movement. In the case enshrined in paragraph 2 of Part 1 of Art. 46 of the CPC, the subject is given the opportunity to make one phone call. The conversation should be carried out in Russian and in the presence of the investigator / interrogator. This opportunity is provided to notify relatives or other close persons of the fact of detention and location. The investigator / interrogator is required to fulfill the obligations of notification in accordance with Article 96 of the Code.
Legal Opportunities
Suspect has the right:
- To get information about what exactly is imputed to him, to get acquainted with a copy of the decision to start production or apply one of the preventive measures, the detention protocol.
- To give evidence or to refuse it. If agreed, the authorized employees are obligated to warn him that the information he will provide can subsequently be used as evidence in the case, even if he subsequently refuses them. The exception is the case provided for by Article 75 of the Code in paragraph 1, part two.
- Use the services of a lawyer. This opportunity can be realized from the moment established by clauses 2-3.1 of part 3 of article 49 of the Code. A citizen is allowed to have a confidential date in private with a lawyer before the first interrogation.
- From the moment of placement under house arrest or guard, a person may meet with a notary to confirm a power of attorney to represent his interests in the field of economic (entrepreneurial) activity. At the same time, dates have no restrictions on duration and quantity. At the same time, it is forbidden to carry out notarial actions in relation to property, cash and other valuables, which may be seized in cases established by the Code.
- Provide evidence.
- Submit motions, challenge.
- Provide explanations / testimony in the language he speaks.
- Use the services of a translator. They are provided free of charge.
- To get acquainted with the protocols drawn up during the implementation of investigative measures with his participation. If there are comments, the suspect has the right to voice them.
- Participate in investigative measures carried out at his request, at the request of counsel / representative. This opportunity is implemented with the permission of the inquiry officer / investigator.
- File complaints about decisions, actions / omissions of employees, their superiors, court and prosecutor.
- Use other means of protection not prohibited by the Code.
Art. 46 Code of Criminal Procedure with comments
When a criminal legal relationship begins to take shape, based on the fact that the authorized person officially notifies the citizen that he has doubts that he is not involved in the crime, the latter is given the opportunity to defend himself against the charge he is charged with. If evidence has been gathered against the subject, but the case has been initiated on objective grounds, and he himself has not been detained, the preventive measure has not been applied to him, then he only acts in a psychological sense as suspect. CPC establishes a number of conditions under which a citizen receives the corresponding status officially. 
Legislation gaps
Art. 46 Code of Criminal Procedure (as amended)) establishes a rule on the urgent interrogation of a citizen. This requirement is associated with the need to ensure the implementation of legal opportunities enshrined in law. In particular, it is a question of the right to defense. It allows a citizen to immediately refute the charge by giving truthful testimonies. When implementing this rule, the situation of persons who received the status of suspects directly by the act of initiating the case is somewhat uncertain. The law does not resolve the issue regarding the time during which the person may not be aware that the law enforcement authorities have doubts about his innocence to the crime, when he can be questioned. Simply put, it is not clear how long he is entitled to exercise his defense. The position that the subject in the considered status appears in production from the moment of its excitation can also be considered faulty. After all, in fact there is no evidence in the case and there can be no evidence. 
The specifics of acquiring status
St. 46 Code of Criminal Procedure significantly expanded the grounds for attracting a citizen to production. The considered status is obtained not only by the detained subject or the person to whom one of the preventive measures was applied before the indictment. The suspect is a citizen in respect of whom a criminal case has been initiated. Its initiation is explicitly stated in Article 318 of the Code, as well as in Art. 448. Meanwhile, in other categories of cases, the decision may contain information about the subject suspected of a crime. Taking into account that from the moment of the opening of proceedings, a citizen acquires almost the entire range of legal opportunities, it appears that the prosecutor or other authorized person in the source materials must indicate known information about him (if it was received). If at the time of the initiation of a case, information about the subject is not available, but subsequently (during the preliminary investigation) appear, then the person who is actually considered to be involved in the crime does not acquire the status provided for Art. 46 Code of Criminal Procedure. In the procedural sense, he remains uninvolved in production up to detention. When conducting an inquiry, the situation is somewhat different. If in the course of its production information has been obtained that is sufficient to conclude that a person may be involved in the act, the authorized employee shall draw up a written notice. A copy of it is handed to the relevant person with an explanation of the legal possibilities enshrined in Art. 46 Code of Criminal Procedure. 
Detention
It is an independent criminal procedure measure of coercion. Detention applies under the rules of Articles 91 and 92 of the Code. In practice, it involves the actual physical capture of a citizen upon placement in custody, that is, arrest in a highly specialized sense. Within the meaning of paragraph 11 of article 5 and paragraph 3 of part 3 of Art. 49 of the Code of Criminal Procedure, a citizen appears in the process as a suspect not from the moment the protocol was drawn up. He receives this status upon actual detention. It, in turn, can occur before the initiation of production.
CC clarifications
It should be noted that the concept of the person charged with is given in Art. 46 Code of Criminal Procedure in the narrow sense.As the Constitutional Court pointed out, the fact of the prosecution, and, accordingly, the indictment directed against a specific citizen, can be confirmed not only by a decision to institute proceedings, but also by the implementation of certain investigative actions. These, in particular, should include search, interrogation, identification, other measures taken to expose the subject or indicate the existence of doubts about his non-involvement in the crime. The person against whom such acts are committed must be considered a suspect in the broadest sense. It is in this case that the subject can use the services of a lawyer, without waiting for the formal receipt of the corresponding status. 
Interrogation
How to install part two Art. 46 Code of Criminal Procedure, a conversation with a citizen should be held within 24 hours from the moment of actual capture (restrictions on the freedom of his movement (detention)). It should be noted that compliance with this deadline is not only the responsibility of an authorized employee. Installed in Art. 46 Code of Criminal Procedure the requirement serves as an important guarantee for the detainee. First of all, at this moment the citizen is able to find out what he is accused of. Secondly, within the meaning of the 3rd and 4th paragraphs of the considered norm, it is during these days that a person can meet with a lawyer. 
Additionally
A citizen is given the status of a suspect for a limited period of time. If a person has been detained, then taken into custody, then the relevant period cannot be more than 10 days from the moment of actual capture (restriction of freedom) to the presentation of a specific charge. If no preventive measure has been selected within 48 hours, the person shall be released. Formally, after this, a citizen cannot be considered a suspect. An exception is the case when the decision to start production will reasonably contain information about it. As part of the inquiry, a citizen will be considered a suspect until a bill of indictment is drawn against him.