Open AccessThe concept and legal nature of the category of «suspicion»
Author(s) -
Mykola Misechko
Publication year - 2022
Publication title -
analìtično-porìvnâlʹne pravoznavstvo
Language(s) - English
Resource type - Journals
ISSN - 2788-6018
DOI - 10.24144/2788-6018.2021.04.57
Subject(s) - indictment , commission , set (abstract data type) , criminal procedure , institution , psychology , law , criminal investigation , political science , criminology , computer science , programming language
The article is devoted to the study of problematic issues of understanding the criminal procedural category of «suspicion». Taking into account the complexity of this category, some existing interpretations of the category of «suspicion» in the scientific literature have been identified, and their legal nature has been established. A comprehensive approach to understanding the suspicion is proposed, taking into account the complexity of this category and its analysis in the criminal procedural sense.
Examining the theoretical concepts of suspicion that meet modern requirements for the detection and investigation of crimes on the one hand, and protection of the rights and legitimate interests of a person suspected of criminal proceedings - on the other, it is determined that: suspicion is an institution of criminal procedure the whole set of criminal procedural norms that regulate public relations arising in the process of investigating crimes, between persons authorized to prosecute and persons involved in the commission of a crime (suspects), and aimed at establishing the truth in criminal proceedings; the suspicion is the assumption, based on the available data in the case, about the attitude of a person to the commission of a crime, which has not yet found final evidence and confirmation, in connection with which its essence is questioned by the investigator and / or prosecutor who nominated him; the suspicion is the stage (stage) of the pre-trial investigation that precedes the indictment.
Due to the lack of legal definition of the concept of «suspicion» in domestic law, it is proposed to supplement Art. 3 of the CPC of Ukraine, item 13-1, reads as follows: suspicion is an assumption of an investigator and / or prosecutor about a person's involvement in an act that contains signs of a criminal offense, expressed in the relevant procedural decision and substantiated by available materials in criminal proceedings. for the purpose of confirmation or refutation.