PROCEDURAL STATUS OF THE SUSPECT IN CRIMINAL PROCEEDINGS

PROCEDURAL STATUS OF THE SUSPECT IN CRIMINAL PROCEEDINGS

Authors

  • Mavlanov Kamoliddin Lecturer Tashkent State University of Law

Keywords:

suspicion, suspect, accusation, defendant, guarantee, right, obligation.

Abstract

This article, by comparative analysis of the experience of developed foreign countries, studied the status of the suspect as a participant in the criminal procedure, his rights and legal freedoms and obligations, the guarantees of realization of these rights and obligations, the essence of the criminal procedural guarantees and their expression in our criminal procedural law. Moreover, this article covers such important issues as the collection and consolidation of evidence in the criminal process; the revision of the assessment system with consideration of the standards of proof, which are widely used in advanced foreign experience; ensuring unconditional compliance with the rights and freedoms of the individual; improving the quality of procedural actions. The evidence of his or her guilt is understood as a reliable guarantor of the involvement of a person in a criminal case as a suspect, although this evidence is not enough to attract a person as an accused, but it will be enough to make a substantive assumption about his or her guilt. The article examines the differences between the suspect and the accused, the relationship between the suspect and the accused, and the fact that focus in the emergence of suspicion is not on the guilt of the person, but on his involvement in the crime. At the same time, this article reflected the content of the norms of the current criminal procedure law aimed at protecting the rights of the suspect, the existing gaps in them, and the author's conclusions on their improvement. It also shows the scientific views of procedural scholars on the issue, the contradictions between the viewpoint of scholars and the author's personal opinions on the topic.

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Published

2021-07-16

How to Cite

Kamoliddin, M. (2021) “PROCEDURAL STATUS OF THE SUSPECT IN CRIMINAL PROCEEDINGS: PROCEDURAL STATUS OF THE SUSPECT IN CRIMINAL PROCEEDINGS”, TSUL Legal Report International electronic scientific journal, 2(1), pp. 151-162. Available at: https://legalreport.tsul.uz/index.php/journal/article/view/56 (Accessed: 23September2021).

Issue

Section

00.09 – Criminal Procedure law. Criminology, operational-search law and forensic