Unusual changes of suspicion report

The article is devoted to the study of the existing mechanisms for amending a notice of suspicion and atypical situations arising in connection with such amendments. Article 279 of the CPC provides for the only possible mechanism for changing the initial notice of suspicion. At the same time, in practice, atypical situations often arise in connection with the amendment of a notice of suspicion, which require clarification and more precise scientific specification. In particular, what situations in the amendment of a notice of suspicion are covered by the legal constructs «amendment of previously notified suspicion» and «new suspicion», and which of these constructs («new suspicion» or «amendment of previously notified suspicion») should be applied in cases where the initial notice of suspicion was not made in accordance with the procedure provided for by the CPC and the person did not acquire the status of a suspect as a result of the initial notice of suspicion, and whether the CPC provides for the possibility of re-drafting an identical/identical notice of suspicion. Does the change of suspicion after the completion of the pre-trial investigation meet the requirements of the CPC? From what point should the pre-trial investigation period be calculated in the case of multiple notifications of suspicion, including amended ones, including those that were made in violation of the established procedure for such a notification in respect of the same person? The article is an attempt to provide answers to the following questions. Keywords: pre-trial investigation, suspicion report, change of suspicion report, special subject, terms of pre-trial investigation.

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Publication Details

Journal
Legal Ukraine
Published
2024-11-27
DOI
https://doi.org/10.37749/2308-9639-2024-10(262)-7
Primary Topic
Digital and Cyber Forensics
Type
article
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article

Unusual changes of suspicion report

Anastasia Chystiakova
Legal Ukraine
Digital and Cyber Forensics
article

Unusual changes of suspicion report

Anastasia Chystiakova
article en

Abstract

The article is devoted to the study of the existing mechanisms for amending a notice of suspicion and atypical situations arising in connection with such amendments. Article 279 of the CPC provides for the only possible mechanism for changing the initial notice of suspicion. At the same time, in practice, atypical situations often arise in connection with the amendment of a notice of suspicion, which require clarification and more precise scientific specification. In particular, what situations in the amendment of a notice of suspicion are covered by the legal constructs «amendment of previously notified suspicion» and «new suspicion», and which of these constructs («new suspicion» or «amendment of previously notified suspicion») should be applied in cases where the initial notice of suspicion was not made in accordance with the procedure provided for by the CPC and the person did not acquire the status of a suspect as a result of the initial notice of suspicion, and whether the CPC provides for the possibility of re-drafting an identical/identical notice of suspicion. Does the change of suspicion after the completion of the pre-trial investigation meet the requirements of the CPC? From what point should the pre-trial investigation period be calculated in the case of multiple notifications of suspicion, including amended ones, including those that were made in violation of the established procedure for such a notification in respect of the same person? The article is an attempt to provide answers to the following questions. Keywords: pre-trial investigation, suspicion report, change of suspicion report, special subject, terms of pre-trial investigation.

Legal Ukraine
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Openalex Percentile: Top 56%
Digital and Cyber Forensics
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