Article | Inadmissibility of Evidence Collected During the Arrest of a Suspect by an Authorized Officer: Some Problematic Aspects |
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Authors | Kuchynska O., Sharkova A. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 10 / 2014 |
Pages | 75 - 81 |
Annotation | The article deals with some problematic aspects of inadmissibility of evidence collected during the arrest of a suspect by an authorized officer according to Article 208 of the Code of Criminal Procedure of Ukraine. Particular attention is paid to the criteria of inadmissibility of evidence provided by para. 3 and 6, Article 87 of the Code of Criminal Procedure of Ukraine. The authors prove that in order to improve legal relations arising during the arrest of a suspect, the findings of personal search of a detainee by an authorized officer pursuant to Article 208 of CCP shall be stated in protocol. The article also identifies the need to settle the issue of counsel’s participation in the search of the detainee in accordance with Article 208 of the Code of Criminal Procedure of Ukraine. |
Keywords | detention of the suspect, inadmissibility of evidence, protocol of personal search of the detainee, the legal counsel’s right to participate in personal search of the detainee. |
References | |
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