О заподозренном в рамках оперативно- разыскной деятельности и его праве на адвоката

Abstract

Actual exposure of a person in committing a crime begins to be carried out even before the appearance of the procedural status of a suspect or accused, including before the initiation of a criminal case. If in the course of the operational-search activity carried out before the initiation of a criminal case, results are obtained that expose a person in the commission of a crime, then later they can be legalized as evidence in an initiated criminal case and used to prosecute this person as a suspect, accused. In the domestic scientific literature, such a person who is actually exposed is proposed to be called “suspected”, “potential suspect”, “hidden suspect”; “person of operational interest”, “person under development”. An analysis of the decisions of the Constitutional Court of the Russian Federation allows us to establish that the figure of the suspect has long been known to the body of constitutional control, and in its practice the Court has repeatedly spoken about the possibility of involving such a person to participate in the operational-search activities of a lawyer. As a result, the author proposes to supplement the Law on Investigative Activities with definitions of the concepts of “suspected” and “operational prosecution”, as well as to fix the list of rights of a suspected person when he participates in operational-search activities, primarily the right to use the services of a lawyer.