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Title

Certain conditions of the prolongation of the detention term from the viewpoints of the European Court of Human Rights

Authors

Klepikov Dmitry, postgraduate student of the Department of Criminal Process and Criminal Science, South-Ural State University. 149, Kommuny Str., 454080, Chelyabinsk. E-mail: dmitryklepicov@gmail.com

Section

Civil and Criminal Procedure

Issue

5/2013

Page

168-174

index UDC

341.231.14.046 + 347.9:341.231.14.046

index LBC

Х910.822 + Х911.11

Abstract

The article analyses the validity of prolongation of the detention term from the viewpoint of the European Court of Human Rights in relation to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. The author also considers the conditions of prolongation the detention term, namely a possible failure to appear in court, and a possible interference in criminal proceedings. Each condition is analyzed according to the law enforcement practice of the European Court of Human Rights. The author studies certain preinjunctions on preventive measures of the Russian courts, the mistakes which can entail the initiation of the proceedings in European Court of Human Rights. A list of questions which are to be resolved by the judges at the court session is proposed.

Keywords

European Court of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, court, detention, a suspect, an accused.

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