Alternative legal mechanism for the enforcement of suspect's rights

The ordinary legal mechanism for the enforcement of suspect's rights includes two main actions: to qualify a suspect and confer certain powers to him in this status. Nowadays, legislative practice has another mechanism for the enforcement of suspect's rights which does not mean granting of the rights to those having the status of suspects but in case of concrete derogative actions (arrest of property of persons who are neither suspects nor accused persons in criminal cases). The article states that the essence of the above mechanism is in a substantive enforcement of rights and legal interests of a person in respect to concrete damning acts. The procedure of every act above should contain a sufficient mechanism for the protection of interests of a person not qualifying him a suspect in the case officially. The elements of the mechanism include the following: nondisclosure of personal life circumstances; investigatory privilege; the prohibition to extort evidence using violence, threat or other illegal measures; professional assistance of a lawyer; service of corresponding documents; notice of undertaken actions and granting the right to appeal them etc. The status of a person depends on official actions against him: he is a person brought to court in case of bringing to court, he is an examined person in case of examination, he is a person under search in case of searching, he is a witness in the course of investigative interview, he is the owner or proprietor of property in case it is arrested etc. Thus, his rights and duties depend on his status. We can see that a traditional mechanism for the enforcement of suspect's rights is based on his special status of a suspect and it gives the holder of such a status wide possibilities for the protection against legal prosecution. It has been noted that this legal status is deemed to be negative and can be an obstacle for the realization of many civil rights: when choosing a profession and sphere of activity; in the field of state service, law enforcement or pedagogic activities; state honors, domicile and freedom to move etc. Thus, the alternative legal mechanism which enables us to achieve goals without such a legal instrument as the institution of suspects in criminal trials is preferable.

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