Institute of Rehabilitation and its role in protecting the rights and legitimate interests of the suspect and accused

Authors

  • A.A. Аryn
  • S.Zh. Аydarbaev
        46 102

Abstract

The article deals with theoretical aspects of rehabilitation and the role of rehabilitation in protecting the rights and legitimate interests of the suspect and the accused. The conclusion is made about rehabilitation, as one of the defining directions of the procedural activity of the criminal process. In the article some questions of application of institute of rehabilitation in the criminal trial are investigated. The reasons for the rehabilitation of the person are considered. The problems of determining the amount of compensation for damage during rehabilitation, including from the position of civil legislation, are touched upon. The questions of return of confiscated property to rehabilitated persons were also analyzed. One of the tasks of the state in the law enforcement sphere is the fight against crime. Therefore, it is important not only to protect the constitutional rights and freedoms of citizens from criminal encroachments, to expose and punish those who committed the crime, but also to prevent violations of constitutional rights and freedoms by those state executive bodies that protect them. The aim is to develop a systematic theory of the rehabilitation of innocent, suspects and accused in criminal cases, based on theoretical and practical knowledge already accumulated in this field, as well as the norms of the current CCP, on the basis of which to develop proposals for improving criminal procedural legislation and law enforcement practice. The relevance of the research topic is due to the fact that the rights of the individual, the individual and the citizen are the object of increased attention and the most important factor of the transformations in various areas of public and state activity. This also applies to the sphere of the criminal process, where they need the most effective and reliable protection. On the basis of analysis, the author reveals the actual problem to date about the role of rehabilitation in protecting the rights and legitimate interests of the suspect and the accused. And he gives an analysis of the international norms of dealing with suspects and accused. Key words: suspect, accused, rehabilitation institute, criminal procedure, compensation.

Downloads

Published

2018-10-17