CRIMES AGAINST JUSTICE COMMITTED BY OFFICIALS OF PRELIMINARY INVESTIGATION BODIES IN DOMESTIC AND FOREIGN CRIMINAL LEGISLATION

The article describes the crimes against justice committed by persons conducting a preliminary investigation, reveals the reasons for their commission. Foreign normative legal acts on criminal liability for these acts are analyzed. To date, there is an urgent need to develop effective measures to counteract such acts, in order to protect the individual from violations of his rights and interests, as well as to bring the perpetrators to criminal responsibility. Encroachments on the interests of justice during the preliminary investigation are a type of crimes against justice provided for in Chapter 31 of the Criminal Code of the Russian Federation. The commission of crimes during the preliminary investigation is connected both with general circumstances related to the criminalization of society, the development of corrupt elements in the authorities, and with the specifics of law enforcement activities. The considered encroachments are in fact special types of official crimes. These acts are often committed for selfish reasons, and have a corruption component. The development of domestic legislation on responsibility for the crimes in question largely depends on the use of the positive experience of countries with developed legal systems. Also, the criminal legislation of individual states establishes severe liability for illegal deprivation of liberty (illegal detention, arrest) as an encroachment on the personal freedom of a citizen. It seems appropriate in the Criminal Code of the Russian Federation to toughen penalties for crimes against justice by analogy with the German Criminal Code, which provides for fairly strict sanctions (up to 10 years in prison) for bringing a knowingly innocent person to criminal responsibility, coercion to testify.

justice, crimes, crimes against justice, preliminary investigation, preliminary inquiry, official, official powers, criminal code, responsibility, corruption

Makhmutov T. A. Crimes against justice committed by officials of preliminary investigation bodies in domestic and foreign criminal legislation. Business. Education. Law, 2022, no. 1, pp. 208—213. DOI: 10.25683/VOLBI.2022.58.134.