On Tuesday, the Presidium of the Supreme court adopted amendments to its decision of Plenum “About practice of application by courts of the legislation on election of measures of restraint”.
High judge stated that only one formal words of the investigators about the involvement of a person to a crime is not enough for an arrest. And check the reasonableness of the suspicion must not be a simple reference to the statements of law enforcement officers and instructions on abstract data on the adequacy of the involvement.
“The judge is obliged to check whether the application and appended materials for specific information pointing to involvement in the crime to this particular person, and give this information the assessment in its decision”, — says the new guidance of aircraft.
And all deviations from proper scrutiny and assessment of suspicion should be regarded, according to the sun, as a violation of the requirements of criminal procedural legislation. Such violations should involve the abolition of warrants of arrest, said the high judge.
Now only a few judges consider questions about the arrests of the informal, the lawyer Timur Hucow. “I cannot but welcome such clarification, — said the lawyer. — But they are unlikely to lead to serious change of procedure.” According to Choutova on the one hand, judges by law are forbidden to enter into the substance of the allegations and to raise questions about the guilt. They make decisions about the arrest, citing the words of the investigator and his assumption that the accused may escape, put pressure on witnesses or to obstruct the investigation.
On the other hand investigators now apply to business protocols the first interrogation or testimony of victims. According to Hotova, will now begin to prescribe in arrest, that the arguments of the investigator “checked, and suspicion is justified”.