Open AccessTheoretical and Practical Issues of Minor Suspect or Accused Supervision in the Russian Criminal Proceedings
Author(s) -
С. В. Матвеев,
П. В. Кулаков
Publication year - 2020
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2020.121.12.131-139
Subject(s) - suspect , minor (academic) , legislature , legislation , law , supreme court , political science , criminal investigation , criminal procedure , psychology , criminology
The paper examines the main theoretical and practical issues that arise when choosing such a special measure of restraint in relation to a minor suspect or accused as supervision. The authors emphasize that due to legislative gaps and the lack of a clear algorithm of actions for its application, this measure of restraint is rarely applied in practice. The paper touches upon the topic of the participation of adults in the supervision of a minor suspect or accused. In particular, the authors conclude that it is impossible for the guardian to participate in these criminal procedural relations. The study and analysis of scientific literature allowed the authors to develop criteria which may help determine whether it is possible to admit an adult person to supervise a minor suspect or accused. It is stated that in order to increase the number of supervision application in respect of minor suspects and accused in comparison with other preventive measures, it is necessary to legislatively revise the provisions of the criminal procedure law and recommendations given in the resolutions of the Plenum of the Supreme Court of the Russian Federation, including using the norms of foreign legislation.