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Title |
Certain conditions of the
prolongation of the detention term from the
viewpoints of the European Court of Human
Rights
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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 |
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Section |
Civil
and Criminal Procedure |
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Issue |
5/2013 |
Page |
168-174 |
index UDC |
341.231.14.046 +
347.9:341.231.14.046
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index LBC |
Х910.822 + Х911.11
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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. |
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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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