Permanent discussion about the procedural status of a criminally prosecuted person: is it possible to put an end to it?

Abstract

The question of finding the best option for ensuring the rights of persons against whom criminal prosecution is actually carried out has a long history, one way or another arises in many legal orders. Over the entire period of discussion of this problem, various mechanisms for its resolution were formulated, some of which were implemented at the legislative level and brought a significant positive effect. However, despite the variability of specific approaches, the task of properly guaranteeing the rights of criminally prosecuted persons is not removed from the agenda. Moreover, following the development of criminal procedure institutions, the improvement of forms and methods of combating crime, a complex of contradictions associated with the observance of the rights of alleged offenders also evolves. Thus, one can note the cyclical nature of the existing discussions, the degree of which rises from time to time. The Russian criminal procedure doctrine is currently in the phase of active discussion of this issue. In this regard, within the framework of the article, an attempt was made to evaluate the existing proposals, to understand why numerous ideas do not achieve a positive result, and in the end to answer the question of the advisability of continuing scientific research in this area.

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