Detention: Some Reflections on the Problems of Legislative Regulation and Ways of Its Improvement

Abstract

Within the framework of the article, the author raises a number of the most problematic issues related to the choice of a preventive measure in the form of detention. Recognizing the undoubted effectiveness and necessity of the preventive measure under consideration, the author, following other researchers, concludes that it is necessary to optimize the current legislation regulating the procedure for the use of detention. Examining the materials of law enforcement practice, the author comes to the conclusion that quite often detention is applied to persons who have committed crimes by negligence. According to the author, when choosing a preventive measure, the form of guilt in the commission of a crime should also be taken into account, and detention should be applied to careless criminals only in exceptional cases.

The author also raises the problem of choosing a preventive measure against persons suffering from diseases that exclude the possibility of detention. Using the example of judicial practice materials, the author shows that judges, due to the lack of a guideline, choose undeservedly lenient preventive measures that do not allow them to ensure the interests of the proceedings. The author offers his own vision of solving this problem.