Особливості притягнення до кримінальної відповідальності

Abstract

The article is deals with the study of the content of the stage of criminal proceedings as bringing to criminal responsibility. The article defines the institutional characteristics and features of this stage, its place and role in the system of stages of criminal proceedings. The constitutional principle of presumption of innocence of a person is revealed. A list of international legal acts that enshrine these principles in their prescriptions is provided. It is determined that the prerequisite for bringing a person to justice for a criminal offense committed is the implementation of pre-trial investigation and judicial proceedings. The legal properties of legal norms that are applied at this stage and its significance for the further development of subsequent stages of criminal proceedings are taken into consideration. The specifics of drawing up such a procedural document as a notice of suspicion and its delivery to the offender are disclosed. The content of Criminal Law relations that arise when a person is brought to criminal responsibility is considered and disclosed. The procedure for starting the stage of criminal proceedings of "bringing to criminal responsibility", which begins from the moment of notification of suspicion and entering information in the Unified Register of pre-trial investigations, is described. It is proved that the beginning of the implementation of criminal liability is the identification of a person suspected of committing a crime and this is a common element, since both concepts appear from the moment such a subject as a suspect appears. It is indicated that from the moment a person is notified of suspicion at the pre-trial investigation stage, a new stage begins, where such a participant in criminal proceedings appears – a suspect. The list of characteristic features and content of circumstances regarding the possibility of performing certain procedural and investigative actions as bringing the offender to criminal responsibility at this stage is determined and proved. The grounds for detaining a person at the place of committing a criminal offense or immediately after its commission are taken into consideration. Thus, the current legislation provides the following procedural types of detention of a person: a) - legal detention; b)- detention by an authorized official.