Criminal procedural aspect in studying the personality of an accused

The Constitution of the Russian Federation declares human rights and freedoms to be the ultimate values and their recognition, observance and protection to be the state responsibility. This specifies corresponding requirements to legislative acts and especially to those connected with the interference into the sphere of personal rights and freedoms of citizens. The study of Criminal Procedure Code of the Russian Federation (CPC of RF) shows that in its principal provisions it relies on constitutional requirements regarding respect for the individual and protection of his rights and freedoms. This can equally be referred to those suspected (accused) of crimes and to the injured parties i.e. to those who suffered against illegal, criminal acts. The very purpose of criminal procedure is to solve a dual task: to impose a just punishment for a guilty person, not to prosecute an innocent one and rehabilitate those who were prosecuted against the law (Part 2, Article 6 of CRC). Effective solution of this task of criminal procedure in due understanding and type is possible when the personality of an accused is under a deep and multi-faceted study; when information about the personality is taken into account in the course of investigation and litigation. Being an integral part of investigator's activity in any criminal case, a proper study of the personality of accused is possible when all the requirements to this activity are observed. Laws define tasks, purposes and forms of this activity as well as its time limits. The requirements enshrined in the laws are compulsory and all changes are possible after the introduction and adoption of the corresponding amendments. The fundamental connection of criminal law and criminal procedure institutions exists since the norms of criminal law are designated to establish the criminal law institutions and realize their activities. Close relationship between the criminal law and criminal procedure institutions with regard to the personality of accused can be shown under the comparative analysis of the Criminal Code provisions about punishment and the Criminal Procedural Code provisions about the fact in proof in a criminal case.

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