PARTICIPANTS IN THE ALLEGED CRIMINAL LAW CONFLICT AT THE STAGE OF CRIMINAL PROCEEDINGS

Abstract

The article deals with the problem of determining the composition of participants in the stage of initiation of criminal proceedings. Imperfect legislation, lack of proper regulatory regulation of participants in the criminal law conflict taking part in the considered stage leads to violations of the rights and legitimate interests of the individual; this affects the process before the investigative check and subsequent preliminary investigation. Based on the analysis of legislation and research papers, the author explains the proposal about inexpediency of a long preliminary investigation and necessary decision-making on excitation of criminal case immediately after the establishment of the fact of committing a crime without further establishing at this stage a suspect in the crime. The author notes the inadmissibility of the use of procedural compulsion in the process of checking the reasons and grounds of a criminal case, as well as on the introduction of such a participant as “suspected”, since the establishment of the commission of a crime entails the criminal case and the emergence of such a participant as “suspect”. The author substantiates the illegality of identifying the suspect and the person who gave himself up. The author offers a list of rights of participants in the criminal case initiation stage, which can be implemented only by the participant's own free will.