PROBLEMS OF IDENTIFICATION AND CONCEALMENT OF THE IDENTITY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS

Year: 
2022

Article:

Issue: 
2

UDC: 
343
DOI: 
10.34076/22196838_2022_2_46
Author(s): 

Musatkina Arina

Student, Ural State Law University named after V. F. Yakovlev (Yekaterinburg), ORCID: 0000-0002-1330-0868, e-mail: arina_musatkina@mail.ru

Author(s): 
Musatkina Arina
Abstract: 

The article discusses issues related to the definition of the category «identity» in criminal proceedings. Based on the analysis of the principles of criminal proceedings, the author comes to the conclusion that a person in criminal proceedings is every person involved in the activities of bodies conducting criminal proceedings, regardless of whether he / she has a procedural status. A generalized characteristic of the institute of identification of participants in criminal proceedings is given, and its features are described. Special attention is paid to the problem of the obligation to clarify the personal data of the suspect (accused) for the implementation of certain procedural actions and criminal prosecution as a whole. It is substantiated that if there is evidence that meets the requirements of paragraph 1 of Article 88 of the Criminal Procedure Code of the Russian Federation and refutes the presumption of innocence of the suspect (accused), the lack of information about his / her identity does not prevent him / her from being brought to criminal responsibility. The author highlights the ambiguous nature of the wording of the provisions of the Criminal Procedure Code of the Russian Federation regulating the application of security measures to individual participants in criminal proceedings, including the concealment of their identity by using pseudonyms.

Key words: 

identity in criminal proceedings, identification, concealment of identity, pseudonyms, participants in criminal proceedings

For citation: 

Musatkina A. (2022) Problems of identification and concealment of the identity of participants in criminal proceedings. In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 2, pp. 46–54, DOI: https://doi.org/10.34076/22196838_2022_2_46.

Text of the article: 

Publication date: 
Tuesday, 23.08.2022

English