PARTICIPANTS IN PRE-TRIAL PROCEEDINGS TO BE WARNED ON THE INADMISSIBILITY OF DATA DISCLOSURE

Abstract

The article justifies the need to clarify the inadmissibility of disclosing pre-trial production data to all persons who take part in the pre-investigation check and during the preliminary investigation, as well as their warning about criminal liability for disclosing pre-trial production data under Art. 310 of the Criminal Code. The opinion is justified that not only the parties and other participants listed in Chapter 8 of the Code of Criminal Procedure of the Russian Federation should be prevented, but also those persons whose participation is fixed in specific norms governing the production of certain procedural, investigative actions, as well as the use of procedural coercion measures. Since the participants in the pre-investigation check do not have a mainly procedural status, involving them in procedural actions should be the basis for explaining the inadmissibility of disclosing the data received. Since the inadmissibility of disclosing data of pre-trial proceedings is aimed at ensuring the secrecy of the preliminary investigation, as well as the protection and security of the rights of participants in the criminal process, the accused, the suspect should be warned of responsibility under Art. 310 of the Criminal Code, since the fact of attraction for one crime does not give the right to commit another in order to ensure the right to defense, which should be realized only by legal means.