Issues of Proving the Validity of Suspicion When Taking a Person Into Custody

The criminal procedure law, unlike a sentence, does not contain any indication of what the descriptive and motivational part of a court decision to take the accused into custody should contain, or what elements should be reflected in the court decision. The court has the right to choose a preventive measure in the form of detention if there are sufficient grounds to believe that the person will hide from the preliminary investigation authorities and the court, may continue to engage in criminal activity, threaten witnesses, other participants in criminal proceedings, destroy evidence or otherwise interfere with the criminal proceedings. These circumstances are a criminal procedural basis for taking a person into custody. These risks provided for in Art. 97 of the Code of Criminal Procedure of the Russian Federation must be real. In judicial practice, there is no unity in describing the essence of the accusation, suspicion, and what are the limits of investigating the validity of suspicion. Based on the analysis of judicial practice, the approaches of the courts to motivating the validity of a person’s suspicion of involvement in a crime are examined. The motivation of judicial decisions indicates the need to change the judge’s competence in order to exclude the participation of the same judge in choosing a preventive measure and considering the case on the merits. The resolution of procedural issues by a judge at the pre-trial stage regarding detention may affect the impartiality of the judge when considering the case on the merits.