Suchergebnisse
Filter
Format
Medientyp
Sprache
Weitere Sprachen
Jahre
2420448 Ergebnisse
Sortierung:
World Affairs Online
World Affairs Online
Johann Philipp Becker: General der Revolution
In: Militärgeschichtliche Skizzen
Teoría general del derecho administrativo
Computers and the general practitioner
Sandino: General of the free
World Affairs Online
Derecho internacional privado, Parte general
In: Derecho internacional privado
General principles of insurance law
In: (Butterworths insurance library)
Mein Kommandeur, General Svoboda: vom Ural zum Hradschin
General sales or turnover taxation
In: Studies in Taxation and Public Finance
Hamburgische General-Feuer-Casse-Ordnung
Notification of Suspicion: General Characteristics
The article deals with the provisions of the procedural legislation of Ukraine, which regulates the procedure for notifying a person of suspicion of criminal proceedings. The significance of such a notification is that the consequence of its implementation is the appearance of a suspect as a subject of criminal proceedings. Issues related to the interpretation of the notion of suspicion are problematic. In Ukrainian jurisprudence, notification of suspicion is considered in two aspects: as a procedural activity and as a procedural document. Thus, it is considered as a system of procedural actions and decisions carried out by the investigator and/or prosecutor within the pre-trial investigation, the ultimate goal of which is to form a suspicion that is legitimate and reasonable. Drawing up a notification of suspicion is an activity, an important aspect of which is to assess the sufficiency of evidence to notify a person of suspicion. Since this concept is evaluative, there are difficulties in its interpretation in law enforcement. The article considers the concept of "reasonableness of suspicion", one of the criteria of which is the sufficiency of evidence. The ECHR systematic use of the notion of "reasonableness of suspicion" led to the development of a separate international standard of proof. In particular, the suspicion is justified, which relates exclusively to the act, which falls under the signs of a specific offense under the law. The second aspect concerns mainly the question of fact. The ECHR rightly notes that suspicion should be considered justified only in the actual presence of facts and information, on the basis of which the objective observer has no doubts about the possibility of committing an offense by a particular person. Both the stage of drafting and the stage of handing over the suspicion are important. Ukrainian law defines a special procedure for such service. In particular, service must be effected on the day on which the notice was drawn up. In the absence of the possibility of such ...
BASE