Features of the use of coercion during criminal procedural detention

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The article focuses on the study of the peculiarities of the use of coercion during the criminal procedural detention. The article analyzes the decisions of the European Court of Human Rights on the application of coercion and its lawful limits. In the process of investigating the subject it is emphasized that in fact after the moment of detention, the burden of proof on the proper protection of the rights and freedoms of the detainee lies with the state. From that moment on the detainee finds himself in a vulnerable position and is under state control. It is emphasized that the peculiarity of detaining a person as a measure of coercion is that if necessary, the detainee may be legally inflicted bodily harm, and in conditions of absolute necessity, the person may be legally deprived of life. It is emphasized that the involvement of a medical worker by law enforcement agencies immediately after detention in case the detainee has visible bodily injuries should be a duty. It does not matter when the injuries were received (before or during the detention). It is stated that when using force during detention, the involvement of a medical worker should take place as soon as possible. The death of a person during detention is an extreme measure and should be absolutely necessary in an appropriate setting. The authorized official must be aware in good faith of the level of danger to himself and others that justifies this coercion. It was determined that the death of a detainee should be regarded as an undesirable consequence of lawful acts. The proposal to introduce a unified (single) procedure for short-term detention on suspicion of committing criminal offenses, crimes and administrative offenses seems valuable and promising. In such types of detention, the degree of restriction of the right to liberty is equal to the need to involve medical workers in some cases. During the first three hours of detention, the procedure should be the same regardless of the suspicion, but with a tendency to complicate detention on suspicion of committing criminal offenses.