DESIGNATED PURPOSE OF NON-DELEGATED PROCEDURAL RIGHTS OF SUSPECTS AND ACCUSED (DEFENDANTS) WITHIN CRIMINAL PROCEEDINGS

Abstract

The author of the article emphasizes the lack of regulation of the issue about the scope of the inalienable personal procedural rights of suspects and accused (defendants) within national criminal procedural legislation. The implementation of these rights can not be entrusted to other persons, in particular, their defense attorneys, legal representatives. Such procedural rights are called undelegated, since they are exercised directly by suspects and accused (defendants). Special attention is paid to the fact that such a gap in the law can not negatively affect the legal regulation of the procedural status of both suspects, accused (defendants), and other participants in the criminal proceedings, to whom the legislator delegates the rights of the latter, namely: a defense attorney, a legal representative, persons in respect of whom it is supposed to use coercive measures of a medical or educational nature or there was the issue about their application, their legal representatives. It is stated that there are no studies in modern procedural science, containing a close to exhaustive list of undelegated procedural rights of suspects and accused (defendants). We set the goal to single out a group of inalienable personal rights of suspects and accused (defendants) within the totality of their procedural rights that are exercised solely by them and can not be delegated to other participants in the criminal proceedings. The group of the above procedural rights includes such rights of suspects, accused (defendants) as: to be clearly and timely informed about their rights provided by the Criminal Procedural Code, as well as to obtain their explanation; to  waive the right to counsel at any time of criminal proceedings; do not say anything on the merits of suspicion, accusations against them or at any time refuse to answer questions; to give explanations, testimonies in terms of suspicion, accusations or to refuse at any time to provide them; to demand compensation for damage caused by unlawful decisions, actions or omission of the agency involved in carrying out operative and search activities, pre-trial investigation, of a prosecutor’s office or courts, in the manner prescribed by the law, as well as restoration of reputation in case if suspicion, charge have not been confirmed; to conclude a guilty plea agreement or a reconciliation agreement with the victim. The procedural right of a suspect to state his testimony during the interrogation with his own hand is undelegated one. As for an accused (defendant), he can not delegate other participants in the criminal proceedings to exercise his right to receive clarification on the procedure for the preparation and use of the pre-trial report, refuse to participate in the preparation of the pre-trial report; to participate in the preparation of the pre-trial report, to provide information to the representative of the probation authority for the preparation of such a report, to submit own comments and clarifications. The author has grounded the purpose of the indicated procedural rights of suspects and accused (defendants).