ACCESS OF PARTICIPANTS OF CRIMINAL TRIAL TO MATERIALS OF CRIMINAL CASE IN A PRETRIAL PRODUCTION IN THE CONTEXT OF PROVIDING OF SECRET OF PRIVATE LIFE

  • A.P. Lipinsky
    • Udmurt State University
Keywords: private life, secret, acquaintance, information, defence, honour and dignity, appeal, access, material

Abstract

The article points out the need to ensure the protection of the privacy of participants in criminal proceedings. The problems associated with the violation of the right to privacy in the course of investigative and procedural actions are identified. Conclusions are drawn about the need to ensure the privacy of not only participants in the criminal process (parties and other persons), but also other persons whose information is contained in the materials of the criminal case. The order regulating the warning of participants of investigative and other procedural actions about inadmissibility of disclosure of the data received in connection with participation in investigative and procedural actions is developed. The opinion on inadmissibility of acceptance of refusal of the signature fixing the fact of the warning of the person about criminal liability for disclosure of data of preliminary investigation is proved. A proposal was formulated to establish the participants and the procedure for familiarizing themselves with the materials of the pre-investigation check.

References

Received 2020-11-03
Published 2021-02-12
Section
Discussion
Pages
148-152