Issue 3 (13) 2011

RIGHT TO JUDICIAL PROTECTION OF HONOUR, DIGNITY AND GOOD NAME OF THE DEAD SUSPECT (ACCUSED), DEFENDANT AS AN ELEMENT OF CONSITUTIONAL RIGHT TO JUST TRIAL

RIGHT TO JUDICIAL PROTECTION OF HONOUR, DIGNITY AND GOOD NAME OF THE DEAD SUSPECT (ACCUSED), DEFENDANT AS AN ELEMENT OF CONSITUTIONAL RIGHT TO JUST TRIAL

N.G. Gavrilidi

Perm State National research University
15, Bukirev st., Perm, 614990

E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

The article is devoted to the problems of legislative regulation and law-application practice that arise at termination of criminal proceedings at the stage of preliminary investigation and trial caused by the death of the suspect (accused), defendant in case of disagreement with this procedure of the close relatives of the decedent. In addition, the author of the article analyses the view of the RF Constitutional Court, presented in Regulation on July, 14, 2011 №16-R, in which the need for legislative consolidation of the procedural status of the close relatives of the decedent and the persons interested is recognized. As an integral part of the normative content of the right to judicial protection is a possibility, given to the persons interested, including the ones not involved in the case, to go to court for protection of their rights and liberties, violated by unjust court decision, the RF Constitutional Court states that together with the legislative consolidation of the procedural status of the close relatives of the decedent and the persons interested, their specific rights and obligations, which the suspect (accused) defendant would have had, should be assigned.

The RF Constitutional Court revealed that the RF CPC does not provide the persons interested, especially the close relatives of the suspect (accused), with a possibility to seek his\her rehabilitation, to insist on continuation of investigation or trial in case of his\her death, if they have a legitimate interest which may be a desire to protect the honour, dignity and good memory of the decedent as well as to protect their own honour and dignity suffering due to the uncertainty in the legal status of the decedent. The author also suggests creating at the regulatory level a right of the victim to insist on further prosecution of the dead suspect (accused), defendant, as in the case of termination of the criminal case on non-rehabilitation grounds, the latter is declared innocent. Moreover, in case of termination of criminal proceedings and prosecution caused by the death of the suspect (accused) at the stage of preliminary investigation the victim does not have a possibility to receive investigation materials in full and, as a consequence, heshe does not have a possibility to know the relevance of suspicion and accusation of the person.

The carried out analysis has shown that compensation as a way of protection of exclusive rights is to the full entered in system of ways of protection of the civil rights, corresponds to an essence, an orientation of civil-law responsibility. It is offered to extend norms about compensation to all results of intellectual activity and individualization means.


Keywords: Constitution; just trial; termination of criminal case; judicial equality; access to justice; judicial protection; rehabilitation; guilt

 


      

      

 
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