Procedural features of detention of a person

Considered the problems of the essence of detention of a suspect in criminal proceedings. This institution is observed as one of the measures of procedural coercion, limiting the rights and freedoms of the individual. Its application is possible with strict observance of established procedural forms and guarantees. Analyzed various approaches to the definition of the essence of detention, its place in the system of measures of procedural coercion. A legislative distinction between criminal procedure and administrative detention is necessary in order to respect the law and protect the rights of citizens. From the moment of detention of the suspect, initiated the criminal case and criminal prosecution begins. The detention of a suspect as a measure of criminal prosecution should be distinguished from the “capture of a person” and the delivery of it by police officers to a law enforcement agency. Analyzed the essence of the concept “detained”, offered its fixing in the criminal procedural legislation. Attention is drawn to the inconsistency of part 1 and part 2 of article 91 of the Criminal Procedure Code, which contains the grounds for detention. It is proposed to establish an exhaustive list of such grounds in the Criminal Procedure Code in order to prevent disputes in the practical activities of law enforcement agencies. The calculation of the period of detention must begin from the moment of actual detainment of the person.