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Measures of procedural coercion are applied if available. Types of measures of criminal procedural coercion

Alimony
12.05.2021

1) measures procedural compulsion: concept and classification

2) arrest of a suspect

3) preventive measures

4) other measures of procedural compulsion

1) PROCEDURAL ENFORCEMENT MEASURES: CONCEPT AND CLASSIFICATION

Classification of measures of procedural coercion:

Detention of a suspect

Preventive measure

Other measures of procedural compulsion

The Code of Criminal Procedure of the Russian Federation contains procedural guarantees that ensure the legality of the application of procedural coercion measures. They are:

Application of measures of procedural coercion only in an initiated criminal case in the presence of prescribed by law grounds and only before the entry of the judgment or other court decision into legal force

An exhaustive circle of participants in criminal proceedings to which these measures are applied, as well as bodies and officials authorized to use them

Establishment of a clear procedural procedure for the application of each measure of procedural coercion

Any person who has been unlawfully subjected to measures of procedural coercion in the course of criminal proceedings has the right to compensation for harm in the form of rehabilitation.

Measures of procedural coercion - procedural means of a coercive-security nature provided for by law, including the detention of a suspect by a preventive measure and other procedural coercive measures, which the body of inquiry, the inquiry officer, the investigator, and the court, within the limits of their powers, have the right to apply to the suspect, the accused and other participants criminal proceedings if there are grounds provided for by the Code of Criminal Procedure of the Russian Federation in order to prevent or suppress them misconduct... Measures of procedural coercion are not a type of criminal punishment and are not applied to convicted persons.

2) DETENTION OF THE SUSPECT

Detention of a suspect is a measure of procedural compulsion applied by the body of inquiry, investigator, or interrogator for a period not exceeding 48 hours from the moment of the actual detention of a person on suspicion of committing a crime. It can be applied without a court decision, but only at the stage of preliminary investigation and only in criminal cases of crimes, for the commission of which a penalty of imprisonment was imposed.

Grounds for detention:

Person caught while committing a crime or immediately after committing it

When the victim or eyewitnesses identify the person as having committed the crime

When clear traces of a crime are found on this person or on his clothes with him or in his home.

The grounds for the detention of a suspect listed in the law may arise only if there is sufficient data indicating signs of a crime.

The person who made the decision to apply this measure of procedural compulsion must perform the following actions:

The suspect db explained the essence of the suspicion and his rights provided for by Article 46 of the Criminal Code of the Russian Federation

No later than 3 hours db, a protocol of detention was drawn up, a copy of which is handed over to the suspect

The body of inquiry, the interrogating officer or the investigator is obliged to inform the prosecutor about the detention. writing within 12 hours from the moment of arrest of the suspect.

Suspect q b interrogated

If a petition is filed against a suspect for his detention, then the decision and materials to it are presented to the judge no later than 8 hours before the expiration of the detention period.

The suspect is subject to release by order of the inquiry officer or investigator:

If the suspicion of a crime has not been confirmed

If there is no reason for the application of preventive measures in the form of detention

If the detention was carried out in violation of the requirements of the Code of Criminal Procedure of the Russian Federation

3) MEASURES OF PREVENTION

Measures of restraint - 7 measures of procedural coercion provided for by the Code of Criminal Procedure of the Russian Federation, one of which, if there are sufficient grounds, the interrogator, investigator or court has the right to elect the accused, and in exceptional cases the suspect in order to temporarily restrict his rights and freedoms. They are:

Not to leave and proper behavior (Article 102 of the UPK)

Personal guarantee (article 103 of the UPK)

Observation of the command of the military unit (Article 104)

Supervising a minor suspect or accused (Article 105 of the CC)

Pledge (article 106 of the UPK)

House arrest (Article 107 of the CC)

Detention (Article 108,109 of the Code of Criminal Procedure)

The procedural guarantees of the legality and validity of the application of preventive measures are:

Application of a preventive measure only after the initiation of a criminal case

Application of a preventive measure only in relation to the accused and, in exceptional cases, the suspect

Granting the right to choose a measure of restraint only to the inquiry officer, investigator or court and only within the limits of their powers

Their lack of obligation to apply a preventive measure

Vesting an inquiry officer, investigator and court with the authority to choose only one measure of restraint for its subsequent cancellation, as well as to change the measure of restraint to a stricter or milder one

Provision of judicial control and other legal guarantees of fairness and proportionality of procedural procedures for the selection of preventive measures in the form of bail, house arrest, detention and prolongation of detention

Possibility to appeal against the decision of the court, investigator, or inquiry officer on the application of preventive measures

In exceptional cases, the measure of restraint mb was chosen in relation to the suspect, while the charge was brought against him db no later than 10 days from the moment the measure of restraint was applied, and if the suspect was detained and then taken into custody within the same period from the moment of arrest. A resolution is issued on the choice of a preventive measure, a copy of it is handed over to the person in respect of whom it was issued, at the same time the procedure for appealing against the decision on her election is explained to him.

House arrest and proper behavior consists in a written commitment of the suspect: not to leave the permanent or temporary place of residence without the permission of the inquiry officer, investigator or court; to appear at the appointed time when summoned by an inquiry officer, investigator or to a court; not to interfere in any other way in the criminal proceedings.

Personal guarantee- consists in a written commitment of a trusted person that he guarantees the fulfillment of 2 obligations by the suspect or the accused:

At the appointed time, be summoned by the inquiry officer, the investigator to the court

In any other way, do not interfere with the criminal proceedings.

Observation by the command of a military unit for a suspect or accused who is a serviceman or undergoing military training is to take measures provided for by the charter of the armed forces of the Russian Federation in order to ensure that this person fulfills bribes on himself.

Supervising a minor suspect or accused consists in ensuring his proper behavior by parents, guardians or custodians or other trustworthy persons, as well as officials of the specialized children's institution in which he is located, about which these persons give a written commitment.

Pledge- mb is elected at any time of the criminal proceedings and consists in the introduction or transfer of the suspects, accused or other legal entities or FLs at the stage of preliminary investigation to the body in which the criminal case is being processed, and at the stage of judicial proceedings - to the court of immovable and movable property in the form of money, valuables and shares and bonds admitted to public circulation by the Russian Federation in order to ensure the appearance of the suspect or the accused before the investigator, inquirer or in court to prevent him from committing new crimes.

The type and amount of the pledge is determined by the court taking into account the following circumstances:

The nature of the crime committed

Information about the identity of the suspect or the accused

Property status of the pledger

In criminal cases about crimes of small and moderate the amount of the pledge is not less than 100 thousand rubles, and for cases of grave and especially grave crimes less than 500 thousand rubles

House arrest as a measure of restraint is chosen by a court decision in respect of a suspect or an accused if it is impossible to apply another milder measure of restraint and consists in finding the suspect or accused in complete or partial isolation from society in the residential premises in which he lives as an owner, tenant, or on other legal grounds with the imposition of restrictions and prohibitions and the exercise of control over it. The punishment is chosen for a period of up to 2 months.

Detention applied by judgment in relation to a suspect or accused of committing a crime for which the UZ provides for a punishment in the form of imprisonment for a term of more than 3 years and if it is impossible to apply another milder measure of restraint. A juvenile suspect or accused shall be detained in custody if he is suspected or accused of committing a grave or especially grave crime. If it is necessary to elect to be taken into custody as a preventive measure, the investigator, with the consent of the head of the investigative body, as well as the inquirer, with the consent of the prosecutor, shall file a corresponding petition with the court. The period of detention in custody when investigating crimes may not exceed 2 months. In the petition for the extension of the period of detention db submitted to the court at the place of production preliminary investigation, or at the place of detention of the accused in custody no later than 7 days before its expiration. The judge makes his decision no later than 5 days after receiving such a request. A preventive measure is canceled when the need for it disappears or changes to a stricter or softer one, when the grounds for its election have changed. changing the measure of restraint is also allowed in order to ensure the safety of the suspect, the accused

4) OTHER PROCEDURAL ENFORCEMENT MEASURES

This is a group of 5 measures, the peculiarity of which is manifested in the possibility of their application by the inquiry officer, investigator or court not only to the suspect or the accused, but also to other participants in the criminal process in order to ensure the order of criminal proceedings established by the Criminal Procedure Code of the Russian Federation, as well as the proper execution of the sentence. They are:

Obligations to appear (Article 112 of the CC)

Drive (Article 113)

Suspension from office (Article 114 of the CC)

Seizure of property (art 115-116 of the UPK)

Monetary collection (Art 117-118 of the UPK)

Obligations to attend consists in a written promise of the suspect, accused, victim or witness to appear promptly upon summoning the inquiry officer, investigator and to the court, and in the event of a change of residence, to immediately report it.

Drive unit consists in the forcible delivery of the suspect, the accused, as well as the victim and the witness to the inquirer, investigator or court.

As a general rule, the drive cannot be operated at night.

Suspension from office m b is applied only to the suspect, the accused, regardless of whether he is an official or carries out other activities. If it is necessary to temporarily remove the suspect or the accused from office, the investigator, with the consent of the head of the investigative body, as well as the inquirer, with the consent of the prosecutor, shall file a petition with the court at the place of preliminary investigation. The decision of the judge on the temporary suspension of the suspect or the accused from office is sent to his place of work or to a higher organization and is subject to immediate execution

Seizure of property consists in the prohibition addressed to the owner or possessor of the property to dispose and use it, as well as in the seizure of property and its transfer for storage in order to ensure the execution of the judgment of others property penalties or possible confiscation of property. The seizure of property is canceled on the basis of a decision or determination of a person or body in whose proceedings the criminal case is, when the application of this measure is no longer necessary

Monetary collection is intended only for the victim, witness, civil plaintiff, civil defendant, expert, specialist, translator and witness. It is imposed in cases of non-fulfillment by these participants in criminal proceedings, provided for by the CC of the Russian Federation, of procedural obligations, as well as in violation of the order of the court session. Procedural obligations for non-fulfillment of which a monetary penalty is imposed d b is directly provided for by the CPM. Monetary penalty is imposed by the court if court session where this violation was found. If the corresponding violation was committed during the pre-trial proceedings, then the inquirer, the investigator draws up a protocol on the violation, which is sent to district court and is subject to consideration by the judge within 5 days from the date of its receipt by the court. The amount of the penalty varies up to 2500 rubles. if its one-time payment is not possible, then the court, when imposing such a penalty, has the right to postpone or defer by installments for a period of up to 3 months.

Criminal procedure law defines a number of ways of influencing people who do not comply with the requirements of the established law. These methods are usually called measures of criminal procedural coercion. They differ from other measures of coercion in that they are used exclusively during the period of criminal proceedings, and not after a court decision, and they are of a procedural nature. The importance of coercive measures is that they can limit the ability of the criminal to commit other atrocities during the investigation.

Each participant in criminal proceedings has its own procedural status, accordingly, the CPC chooses measures of procedural coercion separately for each of them, that is, the state can influence not only the alleged offender, but also the witness or victim. It is important that it is necessary to choose a method of coercion only within the framework of the order regulated by the Criminal Procedure Code.

After the initiation of criminal proceedings, the investigator decides whether it is worth using coercive measures in the criminal process against the accused or not. If there is an assumption that the guilty person may hide or he carries a certain danger for witnesses, the victim, a preventive measure is imposed on him. At times, measures of restraint, and directly custody, are chosen by the court to ensure the execution of the sentence. When choosing a method of coercion, such characteristics as the personality of the perpetrator, the presence of children, profession, and place of residence must be taken into account.

The main guarantee of the observance of the rights of citizens is the fact that all measures of influence are applied only in an initiated criminal case. Without establishing the exact facts and evidence of guilt, coercive measures cannot be applied to a suspect or another person. Permission to use one of the coercive measures is given by the court, and in the future it is constantly monitored by it.

All types of measures of criminal procedural coercion to some extent restrict human rights and freedoms pending a court decision. At the same time, they are also characterized by temporality - after the court session, if another sanction is chosen, the person is released from the previously chosen restraint. It is important to note that the choice of the method of limiting the subject of a criminal case should pursue the same goals as the legal proceedings. The measure must have clear, described in the Criminal Procedure Code, grounds and be based on a reasoned decision of the investigator, interrogator or prosecutor.

Given the different procedural position of the participants in the proceedings, it is assumed three forms of influence on them:

  • detention of a suspect;
  • suppression aimed at people who have committed a serious crime;
  • other types of exposure.

Each of the methods of coercion in its own way affects the participant in the process, because it not only limits the basic capabilities of a person, but affects the psyche and will.


Quite often people, being in pre-trial detention, repent or decide to confess what they have done. That is why jurists consider measures of procedural coercion in criminal proceedings to be an intermediate way of correcting a criminal, although pre-trial detention does not act as a full-fledged measure of punishment.

Grounds and procedure for detention

It is customary to understand detention as a short-term deprivation of liberty without a court decision and the sanction of a prosecutor. Carry out this action in order to suppress criminal activity, as well as to prevent cases of concealment from the investigation of important evidence and falsification of evidence. The period of detention allowed by the Criminal Procedure Code is 48 hours, sometimes it can be extended up to 72 hours. If during this time no charges are brought forward, then the detained person must be released. After the arrest, the guilty person is placed in a pre-trial detention center.

The grounds for the arrest of a person suspected of a crime are:

  • the subject was noticed while committing a criminal act or immediately after it was committed at the scene of the crime;
  • victims or eyewitnesses pointed to a particular citizen as a criminal;
  • traces of blood were found on the person's clothes or traces of a crime were found in his dwelling;
  • the person tried to escape from the crime scene;
  • the subject does not have a permanent place of residence;
  • it was not possible to establish the identity of the suspicious subject on the spot.


Detention can also be carried out if there is a petition to the court drawn up by an investigator or a prosecutor to choose a measure of restraint against a particular citizen. For more information on the grounds for detention, see Article 91.

In addition to the grounds for restricting the suspect's freedom, his order must be strictly observed. This is the only way to ensure that the rights of the suspect are respected and a procedural error can be avoided, which can then become a reason for releasing the guilty from liability. Observing established order it is possible to legally detain a suspect until the circumstances of the case are fully established.

The detention procedure consists of several stages, each of which has its own characteristics, but must be followed:

  1. Actual detention.
  2. Drawing up a protocol. This document must be drawn up no later than three hours after the arrest. When drawing up, the defendant's lawyer may be present, if he reveals such a desire. At the same time, the investigator or interrogator cannot force the detainee to use the services of a lawyer.
  3. Prosecutor's notice. The investigator must notify the prosecutor about the intention to detain a person or after his arrest no later than 12 hours.
  4. Interrogation. This event should be held no later than 24 hours after the arrest. Before the start of the interrogation, all requests of the detainee must be satisfied, for example, if he wants to talk privately with the defense lawyer, he must be given such a right.
  5. Notification of relatives. The investigator must notify the relatives of the detainee about his whereabouts no later than 12 hours.

Together with the arrest procedure, a personal search and a search of the house of the accused must be carried out. This is necessary to establish whether traces of the crime in which the person is accused have survived or not.

Separately, I would like to note the procedure for drawing up the protocol. Very often, procedural errors are encountered precisely at the stage of its preparation. The document must contain the date, time of the detention, city, place - the name of the department, the grounds for the detention, as well as the results of the search. At the end must be the signature of the person who drew up the document, the suspect and his lawyer.

Preventive measure

The measures of restraint of the second group are psychological impact or in the placement of the suspect in custody. This method of restriction is applied exclusively to persons who are capable of interfering with the investigation, influencing the victim or witnesses, as well as not executing an already passed sentence.


For this measure of restraint to be justified, the investigator must argue the fact that the citizen is dangerous to society, may commit violence or repeated crimes, and also carries a threat to other participants in the proceedings. The decision on placement in custody is taken by the court or the investigating authority.

The system of measures of criminal procedural coercion includes the following methods of influence:

  • House arrest;
  • personal surety;
  • observation of the command of the military unit;
  • supervision;
  • pledge;

The recognizance not to leave is a kind of obligation of the suspect not to leave the city limits and to come to the investigator on demand. If this obligation is violated, the suspect will be taken into custody. Personal surety is the involvement of a responsible person who confirms his duty to ensure that the suspect complies with all the requirements of the investigator.

The sanction in the form of observation by the command applies exclusively to military personnel who have violated the law. In essence, this is the same as a personal guarantee, only the commander, not an outsider, will guarantee compliance with the requirements of the investigator.

Supervision applies to juvenile offenders. Parents or guardians are responsible for fulfilling the instructions of the investigator.

Bail is understood as the contribution of a certain amount of money or valuables as a means of ensuring the appearance of the accused before the investigator or in court. The amount of the bail depends on the severity of the crime, as well as the personality of the perpetrator. If the suspect violates the conditions of the bail, then the funds are credited to the state account. The suspect is given a stricter measure of restraint or is put on the wanted list.

Sometimes a person is allowed to stay within his own house or apartment, this measure of coercion is called house arrest. A person is prohibited from leaving the designated area. Often, an electronic bracelet is worn to ensure compliance. The duration of house arrest should not exceed two months.


Detention is considered the harshest option. In this case, a person's freedom is limited and he is placed in a pre-trial detention center. The reasons for being placed in isolation are individual for each case, but it is imperative to prove that the accused is dangerous to society while at large. The length of stay in a pre-trial detention center can be two months, or maybe a year and a half.

Each of the listed options for preliminary detention can be changed to stricter or milder. Sometimes the measure of restraint can even be canceled.

Other methods of exposure

The concept and types of measures of procedural coercion in criminal proceedings are not limited to the means associated with the suppression or detention of the subject of the investigation. There are methods of influence that are assigned not only to the accused, but also to the victims or witnesses. The subject of a restrictive regime can be: witnesses, victims, experts, translators, civil defendants and even attesting witnesses.

The conditions of coercion in this case are used not to restrict the rights of the subject, but to ensure the order of legal proceedings and the execution of the sentence.


Other measures of influence on people with procedural status are considered:

  • attendance signature;
  • forced drive;
  • suspension from the performance of official duties;
  • seizure of property;

The obligation to appear consists in signing a specific document, in which the person undertakes to come to the investigator at the first request, and to report any changes in the place of residence or stay immediately. A drive is a forced delivery of persons who evade visiting an investigator on issues of criminal proceedings. If a person had a good reason not to appear before the investigator, he is obliged to inform about it in advance.

Only suspects or accused persons can be removed from office. This is done for the duration of the investigation. The restriction measure is imposed exclusively through the courts.

The seizure of property means a complete ban on the use of property by the guilty. This coercion applies exclusively to suspects and perpetrators if there is reason to believe that this property was earned or acquired illegally. The time of arrest is decided by the court, while the term can be either increased or terminated early. Monetary penalty is a kind of fine for non-compliance with procedural obligations. The judge imposes a fine, the amount of the fine should not exceed 2.5 thousand rubles.

For the implementation of each measure of coercion, the initiative of the investigator or interrogator is required. The classification of coercion options allows you to choose the measure of preliminary punishment that will allow you to control everyone, according to his procedural status and the level of danger.

The legislator equally cares about all participants in the proceedings. Preliminary restraint allows you to protect the participants in the proceedings from the influence of the accused, as well as to protect the suspect from the revenge of the victim's relatives.

Measures of criminal procedural coercion are criminal procedural means of a coercive nature used by the competent authorities and officials in relation to various participants in the process to prevent and suppress their illegal actions in order to ensure the necessary conditions for achieving the objectives of the preliminary investigation and criminal proceedings.

There are the following types of criminal procedural compulsion:

  • a) measures to ensure the receipt of evidence, which include the drive; detention; seizure and search; survey; seizure of postal and telegraph correspondence and its seizure (Art. 174 of the Criminal Procedure Code); obtaining samples for comparative research; removal from office; placement of the accused or suspect in a medical facility;
  • b) security measures civil action or possible confiscation of property (seizure of property);
  • c) measures to maintain order in the course of criminal proceedings (- removal from the courtroom of the defendant, victim, civil plaintiff, civil defendant and their representatives; expert; specialist and translator);

Coercion in criminal proceedings

By imposing certain duties on the participants in criminal proceedings and granting them rights in the investigation and resolution of a criminal case, the state expects that they will be executed and used in good faith. However, one cannot ignore the problems associated with unfair performance of duties or abuse of rights, which requires the use of means capable of enforcing the law. For this purpose, measures have been established state coercion.

Measures of criminal procedural coercion are procedural means of a coercive nature provided for by law, used in the field of criminal proceedings by authorized officials and state bodies, if there is a reason and in the manner prescribed by law in relation to accused, suspects and other persons, to prevent and suppress illegal actions of these persons, as well as in order to successfully investigate and resolve a criminal case and fulfill the purpose of criminal proceedings.

Otherwise: Measures of criminal procedural coercion - the psychological, material, physical and moral impact of the criminal prosecution authorities on the behavior of persons participating in the criminal case, in order to suppress and prevent them from committing illegal actions.

Common to all measures of criminal procedural coercion is the possibility of their application regardless of the will and desire of the person in respect of whom they are carried out, as well as their law-restrictive or law-enforcement nature.

Coercion is expressed in constraint and restriction of personal, property and other subjective rights citizens. Such restrictions may include a restriction:

inviolability of the person (detention, arrest);

freedom of movement (house arrest, recognizance not to leave the place and proper behavior);

rights to exercise labor activity(removal from office);

the right to dispose of property (seizure of property, etc.).

Signs of measures of criminal procedural coercion:

apply only to persons participating in a criminal case: an accused, a suspect, a victim, a witness, a civil plaintiff, a civil defendant, an expert, a specialist, an interpreter and an attesting witness, whose improper behavior creates a threat or hinders the successful investigation (resolution) of a criminal case;

are applied only within the framework of criminal proceedings;

the right to apply measures of criminal procedural coercion is possessed by special subjects (interrogators and investigators of the bodies specified in the Code of Criminal Procedure of the Russian Federation, as well as the court);

the range of grounds entailing the need to apply coercive measures against a person is determined by law;

the procedure for their application is strictly regulated by law.

The law regulates in detail procedural order the use of coercive measures. They are applied by a reasoned decision of the relevant officials or the court, and the most stringent of them can be applied only by a court decision (detention, house arrest, bail, suspension from office, and some others).

Types of procedural coercion measures (in accordance with Section IV of the Code of Criminal Procedure of the Russian Federation):

detention, preventive measures and other measures of procedural coercion.

Criminal procedure law provides for the possibility of applying state coercion to persons who do not comply with the requirements of the law, or to prevent such non-compliance. They can be of a civil law, administrative law, criminal law and criminal procedural nature. Measures of state coercion used in the criminal procedural activities of the investigation bodies, courts, are called measures of procedural coercion. They differ from other measures of state coercion in that they are applied during the criminal proceedings and are of a procedural nature; are applied by the competent authorities of the state within the limits of their powers; apply to persons participating in the case, whose improper behavior or the possibility of such behavior creates or may create an obstacle to the successful course of criminal proceedings; have specific objectives arising from the general purpose of criminal proceedings; are applied if there are grounds, conditions provided by law and in a manner that guarantees their legality and validity; have a special content and character.

The CPC provides for section IV, which regulates measures of procedural coercion, the content of which allows the following types of measures of procedural coercion to be included in this category.

  • 1. Detention of the suspect (Chapter 12 of the Criminal Procedure Code).
  • 2. Measures of restraint (Chapter 13 of the Criminal Procedure Code):

recognizance not to leave the place and proper behavior;

personal surety;

observation of the command of the military unit;

supervising a juvenile accused;

pledge; House arrest; detention.

3. Other measures of procedural compulsion (Chapter 14 of the CCP):

obligation to appear; drive unit; suspension from office; seizure of property; monetary penalty.

Measures of criminal procedural coercion are not the same in nature and pursue different goals. Some of them are aimed at suppressing the possible continuation of the criminal activities of the suspect and the accused, their evasion from the investigation and trial, or obstruction of procedural activities (preventive measures, detention, removal from office). Others are related to the need to deliver or ensure the appearance of persons to the investigating authorities or to the court (drive, obligation to appear). Still others serve as a means of ensuring the execution of a sentence in terms of property penalties (seizure of property).

It follows that, according to their purpose, measures of criminal procedural coercion can be divided into means of suppression, prevention of illegal behavior and means of ensuring proper behavior. Thus, in criminal proceedings, measures of procedural coercion are the coercive means provided for by the criminal procedural law, applied by authorized state bodies or officials, if there are sufficient grounds and in the manner prescribed by law, in relation to suspects accused of committing crimes, and also other persons involved in the case in order to suppress and prevent illegal actions these persons, removing obstacles to criminal proceedings and ensuring the proper execution of the sentence.

Criminal Procedure Law: Lecture Notes Olshevskaya Natalya

Topic 20. The concept and types of measures of criminal procedural coercion

Criminal procedure law provides for the possibility of applying measures of state coercion to persons who do not comply with the requirements of the law, or to prevent such non-compliance.

Measures of procedural compulsion- these are the means of coercive influence on participants in criminal proceedings provided for by the Criminal Procedure Code of the Russian Federation, used by state bodies and officials (interrogator, investigator, prosecutor and court) within their powers in order to ensure the proper behavior of its participants and to prevent their opposition to the normal course of the investigation and judicial trial.

They differ from other measures of state coercion in that they are applied during the criminal proceedings and are of a procedural and legal nature.

The measures of procedural coercion that are closest in terms of their practical significance are summarized by the legislator in a single section IV of the Code of Criminal Procedure of the Russian Federation (Ch. 12-14).

According to their purpose, the measures of criminal procedural coercion are divided into means of restraint, prevention of illegal behavior and means of ensuring proper conduct.

In the Criminal Procedure Code of the Russian Federation, section IV is devoted to measures of criminal procedural coercion. Taking into account the specific focus of the procedural tasks being solved, as well as the peculiarities of the application, all these measures are subdivided into three relatively independent groups:

1. Detention of the suspect.

2. Measures of restraint:

a) a recognizance not to leave;

b) personal surety;

c) observation of the command of the military unit;

d) looking after a minor accused;

f) house arrest;

g) detention.

3. Other measures of procedural compulsion:

a) in relation to a suspect or accused:

- obligation to attend;

- drive unit;

- temporary suspension from office;

- seizure of property;

b) in relation to a victim, a witness, a civil plaintiff, a civil defendant, an expert, a specialist, an interpreter and (or) an attesting witness:

- obligation to attend;

- drive unit;

- monetary penalty.

The law regulates in detail the procedural procedure for the application of coercive measures. They are applied by a reasoned decision of the relevant officials or the court, and the most stringent of them can only be applied by a court decision (detention, house arrest, suspension from office).

Detention of a suspect - a measure of procedural coercion applied by the body of inquiry, inquiry officer, investigator or prosecutor for a period not exceeding 48 hours from the moment of actual detention of a person on suspicion of committing a crime (clause 11, article 5 of the Criminal Procedure Code of the Russian Federation). The essence of this measure is the short-term imprisonment of a person suspected of committing a crime in order to find out his identity, involvement in the crime and decide on the application of a preventive measure against him - as a rule, detention.

The grounds for the detention of someone on suspicion of committing a crime must be the specific circumstances listed in Part 1 of Art. 91 of the Code of Criminal Procedure of the Russian Federation:

1) when a person is caught while committing a crime or immediately after it has been committed;

2) when the victims or eyewitnesses point to this person as having committed a crime;

3) when clear traces of a crime are found on this person or his clothes, in his presence or in his home;

4) in the presence of other data giving grounds to suspect a person of committing a crime. An exhaustive list of them is given in Part 2 of Art. 91 of the Code of Criminal Procedure of the Russian Federation.

The law regulates in detail the procedure for the detention of a suspect, which is an important guarantee of the legality and validity of detention and ensuring the rights of the detainee. A person is considered a suspect from the moment of his actual arrest.

The term of detention may not exceed 48 hours. Only a judge may extend this term by making a decision to extend the term of detention, but for no more than 72 hours. After this time, the suspect must be released.

In other words, the period of detention of a suspect should not exceed a total of 120 hours.

Art. 96 of the Code of Criminal Procedure of the Russian Federation obliges the body of inquiry, the interrogating officer or the investigator to inform the prosecutor in writing about the arrest made before the expiration of 12 hours from the moment of arrest of the suspect.

The detained suspect must be interrogated no later than 24 hours from the moment of his actual arrest. However, if the suspicion of a crime has not been confirmed or there are no grounds for applying a preventive measure to him in the form of detention, and also if the arrest was made in violation of the requirements of Art. 91 of the Code of Criminal Procedure of the Russian Federation, the detainee is released from custody.

For some categories of persons, the Code of Criminal Procedure of the Russian Federation provides for special order detention. In accordance with Art. 449 of the Code of Criminal Procedure of the Russian Federation, it is established in relation to members of the Federation Council, deputies The State Duma, judges, prosecutors, President The Accounts Chamber RF, his deputy and auditors of the Accounts Chamber of the Russian Federation, the Commissioner for Human Rights in Russian Federation, The President of the Russian Federation, who terminated the exercise of his powers.

The grounds and procedure for the release of the detainee are established in Art. 94 of the Criminal Procedure Code of the Russian Federation.

By order of the inquiry officer, investigator or prosecutor, the suspect shall be released in the following cases:

1) if the suspicion of committing a crime has not been confirmed;

2) if there are no grounds for applying a preventive measure to him in the form of taking into custody;

3) if the arrest was made in violation of the requirements of Art. 91 of the Code of Criminal Procedure of the Russian Federation, which establishes the grounds, conditions, motives for detention.

The suspect is subject to release after 48 hours from the moment of arrest, unless a measure of restraint has been chosen by the court against him. The exception is cases when one of the parties provides additional evidence, and the judge decides to extend the detention for a period of not more than 72 hours. The judge indicates in the order the date and time until which he extends the detention, which is recognized by the court as lawful (Art. 3 h. 7 article 108 of the Criminal Procedure Code of the Russian Federation).

Preventive measure. A complete list of preventive measures is enshrined in Art. 98 of the Criminal Procedure Code of the Russian Federation.

Grounds for the application of preventive measures is evidenced by sufficient evidence that the accused:

1) can hide from inquiry, preliminary investigation or court;

2) may continue to engage in criminal activity;

3) may threaten a witness, other participants in criminal proceedings, destroy evidence or otherwise obstruct the proceedings in a criminal case, that is, may commit actions that interfere with the establishment of the truth;

4) in case of conviction and conviction, he will evade the execution of the sentence (Article 97 of the Code of Criminal Procedure of the Russian Federation).

When choosing a preventive measure and determining its type, in addition to the grounds, the severity of the charge brought, the identity of the suspect or the accused, his age, health status, marital status, occupation and other circumstances should also be taken into account (Article 99 of the Code of Criminal Procedure of the Russian Federation).

The choice of a preventive measure is formalized by a resolution issued by an inquiry officer, investigator, prosecutor, or a ruling issued by a court. A copy of the decision or ruling is handed over to the person in respect of whom it was issued. At the same time, this person is explained the procedure for appealing against the decision to choose a preventive measure, established by Art. 123-127 of the Code of Criminal Procedure of the Russian Federation.

For stricter preventive measures, other special guarantees of their legal and reasonable application are also required. So, for the application of the bail by the investigator or the interrogating officer, the consent of the prosecutor is required (part 2 of article 106 of the Code of Criminal Procedure of the Russian Federation); house arrest and detention are applied by a court decision (part 2 of article 107, part 1 of article 108 of the Criminal Procedure Code of the Russian Federation).

Measures of restraint are applied to a suspect only in exceptional cases and, as a rule, for up to 10 days. If within this period he is not charged, the measure of restraint will be canceled immediately.

A preventive measure shall be canceled when it is no longer necessary. When the grounds or conditions for her election change, another - more severe or milder measure is appointed instead (part 1 of article 110 of the Criminal Procedure Code of the Russian Federation).

Other measures of procedural compulsion- these are measures by which legal order is ensured in the course of proceedings on the case, as well as conditions are created for the proper execution of a sentence in terms of a civil claim, other property penalties or possible confiscation of property (Chapter 14 of the Code of Criminal Procedure of the Russian Federation).

They can be used by an inquiry officer, an investigator, a prosecutor and a court in order to ensure the order of criminal proceedings established by law, the proper execution of a sentence against a suspect, accused, victim, witness and other participants in the process.

Such other measures of procedural coercion may be applied to the suspect and the accused, such as:

1) an obligation to appear;

2) drive;

3) temporary suspension from office;

4) seizure of property.

Only the following measures can be applied to the victim, witness and other participants in the process:

1) an obligation to appear;

2) drive;

3) monetary penalty.

Obligation to attend is chosen in cases of need to ensure the appearance of the participants in the process to the investigator, inquirer or to the court.

Drive unit consists in the forcible delivery of a person to an inquiry officer, investigator, prosecutor or court. The drive is carried out by order of the relevant official.

Suspension from office usually applies to a suspected or accused official in cases where that person may interfere with an investigation. Part 5 of Art. 114 of the Code of Criminal Procedure of the Russian Federation established a special procedure for the removal of senior officials from office.

Seizure of property is carried out to ensure the execution of a sentence in terms of a civil claim and other property penalties.

The seizure of property consists in a prohibition addressed to the owner or possessor of the property, to dispose of and, if necessary, to use it, as well as in the seizure of property and its transfer for storage. The procedure for seizing property is regulated by Art. 115, 116 of the Code of Criminal Procedure of the Russian Federation.

The seizure is carried out with the participation of attesting witnesses; a protocol must be drawn up (Articles 166 and 167 of the Code of Criminal Procedure of the Russian Federation). The protocol must contain information about the seized property with a detailed description of the features of each item, as well as information about the seizure of this property and (or) where or to whom it was transferred for storage.

As a measure of procedural coercion in cases of non-fulfillment of procedural obligations by participants in criminal proceedings, as well as violation of order in the court session, they may be imposed by the court pecuniary punishment in the amount of up to 25 times the minimum wage (Articles 117, 118 of the Code of Criminal Procedure of the Russian Federation).

In Art. 103, 105 of the Code of Criminal Procedure of the Russian Federation established liability for persons who did not ensure the proper behavior of a suspect or accused with a personal guarantee or supervision of a minor, the amount of a monetary penalty is provided for up to 100 times the minimum wage.

Appealing the selected preventive measures. In accordance with Part 4 of Art. 124 of the Code of Criminal Procedure of the Russian Federation in cases stipulated by the criminal procedure law, the inquirer, the investigator have the right to appeal against the actions (inaction) and decisions of the prosecutor to a higher prosecutor. The appeal does not suspend their execution, with the exception of cases provided for in Part 3 of Art. 38 of the Criminal Procedure Code of the Russian Federation.

Complaint- appeal to the official conducting the proceedings, or to the court regarding the violation of the rights and legitimate interests of the subject of the criminal process or another person, whose rights and interests are violated by the decision or action of the official or the court.

The judicial procedure for considering complaints is provided for in Art. 125 of the Code of Criminal Procedure of the Russian Federation.

This text is an introductory fragment. From the book Criminal Procedure Law the author Marina Nevskaya

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Criminal justice is the sphere of the state's activity in which, due to the maximum possible application of measures of state coercion, the law and legitimate interests physical and legal entities can be severely limited.

Criminal procedural legislation provides for the possibility of applying state coercion to persons who do not comply with the requirements of the law, or in order to prevent such non-compliance. The use of various measures of coercion is permissible only special actors, in the role of which are the corresponding government bodies and officials, in the cases and in the procedure directly provided for in the law, since these measures are expressed in the restriction of personal, property and other subjective rights of citizens (freedom, inviolability of the home, privacy of correspondence, freedom of movement, the right to dispose of property in one volume or another, etc. ). The unlawful use of coercive measures entails the responsibility of the persons concerned, including criminal liability (Article 301 of the Criminal Code).

can be defined as procedural means of a coercive nature used by an inquiry officer, an inquiry body, an investigator, a court (judge) in cases and in the manner established by the CCP, in relation to persons involved in the proceedings in order to prevent and suppress illegal actions of these persons and, in general, to ensure established by the Criminal Procedure Code of the order of criminal proceedings. These measures can only be applied within the framework of an initiated criminal case.

The criminal procedure law divides all measures of coercion into three groups (Fig. 1):

  • 1) detention of a suspect (Chapter 12 of the Criminal Procedure Code);
  • 2) preventive measures - recognizance not to leave, personal surety, supervision of the command of a military unit, supervision of a minor suspect or accused, bail, house arrest, detention (they are enshrined in Chapter 13 of the Criminal Procedure Code);
  • 3) other measures of criminal procedural coercion - an obligation to appear, drive, suspension from office, seizure of property, pecuniary punishment (Chapter 14 of the Code of Criminal Procedure).

Detention of a suspect

Detention of a suspect is a short-term measure of procedural coercion applied by the body of inquiry, inquirer, investigator for a period not exceeding 48 hours from the moment of the actual detention of a person on suspicion of committing a crime (clause 11, article 5 of the Criminal Procedure Code). In this case, the moment of actual detention should be understood as the moment of the in the manner established by the Criminal Procedure Code, actual imprisonment of a person suspected of committing a crime.

Rice. 1.

If a wanted person is found the accused he can also be detained (Article 210 of the CCP).

Detention can be applied to a person on suspicion of committing a crime for which a sentence of imprisonment can be imposed.

Grounds for detention:

  • 1) the person is caught while committing a crime or immediately after it has been committed;
  • 2) the victims or eyewitnesses have indicated the person as having committed the crime;
  • 3) clear traces of a crime have been found on his face or his clothes, in his presence or in his home.

If there are other data giving grounds to suspect a person of committing a crime (for example, the presence of information of an operational-search nature), he may be detained in cases when: 1) tried to escape, 2) either does not have a permanent place of residence, 3) or his identity has not been established, 4) or if the investigator, with the consent of the head of the investigative body, or the inquirer, with the consent of the prosecutor, sent a petition to the court for election with respect to of this person preventive measures in the form of detention.

In practice, the actual detention of a person before the initiation of a criminal case is often practiced. However, it is not based on the criminal procedure law.

After the suspect is brought to the inquiry body or to the investigator, a detention report must be drawn up within a period of no more than 3 hours, in which a note is made that the suspect has been explained his rights. The arrest report is signed by the person who drew it up and the suspect, then the suspect must be interrogated. In accordance with the principle of ensuring the suspect and the accused have the right to defense, prior to the interrogation of the suspect, at his request, a meeting with the defense lawyer is ensured in private and confidentially.

The prosecutor, close relatives or other relatives of the suspect (including the suspect himself), the command of the military unit (if the suspect is a serviceman), the head of the internal affairs body (if the suspect is an employee of the body) must be notified of the arrest no later than 12 hours after the arrest. internal affairs), secretary Public Chamber RF and the public oversight commission (in the event of the arrest of a suspect who is a member of the public oversight commission), an embassy or consulate foreign country(if the suspect is a citizen or subject of another state) (Article 96 of the Code of Criminal Procedure).

The Criminal Procedure Law allows, with the consent of the prosecutor, not to issue notification of detention in cases where the fact of detention must be kept secret in the interests of preliminary investigation (this rule does not apply to cases of detention of minors).

The procedure and conditions for the detention of detained suspects are determined Federal law dated 15.07.1995 No. 103-FZ "On the detention of suspects and those accused of committing crimes." In the event that it is necessary to conduct operational-search measures, it is allowed to meet an employee of the body of inquiry carrying out operational-search activity with a suspect with written permission an inquiry officer, investigator or court in whose proceedings the criminal case is.

Article 94 of the CCP provides for the following grounds for the release of a suspect by order of an inquiry officer or investigator:

  • 1) the suspicion of committing a crime has not been confirmed;
  • 2) there are no grounds for applying a preventive measure to him in the form of taking into custody;
  • 3) the detention was carried out in the absence of grounds for it;
  • 4) 48 hours have elapsed since the moment of detention, and the court did not make a decision to extend the period of detention for additional term no more than 72 hours at the request of one of the parties to provide it with additional evidence of the validity or groundlessness of choosing a preventive measure in the form of detention.