THE RIGHT OF THE SUSPECT TO SHOW THE INDICATION AS A PROTECTIVE GUARANTEE TO PROTECT ITS RIGHTS AND LEGITIMATE INTERESTS AFTER DETENTION
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article is devoted to highlighting one of the topical issues of the criminal procedural law of Ukraine regarding the observance of human rights and freedoms, in particular, the right to silence while detaining a person. The right not to answer the question and the mechanism for its implementation is a very important element of protection in criminal proceedings. It is the organs of pre-trial investigation and the prosecutor as a party to the prosecution and the court are called upon to ensure the realization of this right by the suspect, the accused, who has this right guaranteed by law. However, according to our study, investigative bodies of the pre-trial investigation in their criminal investigation activities are more focused on the fact that the suspect did not take advantage of his right to remain silent. Рrocedurally, a person who does not testify against himself is in no way in a worse position than the one who answers the question. At the same time, investigative and judicial practice has produced a radically different position. The refusal to provide an explanation is assessed by the authorities of the pre-trial investigation as a way of avoiding a person to punish an offense. The revealed tendencies of realization of the right of the detained person
Authors and Affiliations
Zh. V. Udovenko
Keywords
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