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Problems of Deprivation (Restriction) of the Right to Liberty in Criminal Proceedings
- Authors: Kachalova O.V.1, Kachalov V.I.1
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Affiliations:
- Russian State University of Justice named after V. M. Lebedev
- Issue: No 12 (2025)
- Pages: 79-87
- Section: Criminal law studies
- Published: 21.12.2025
- URL: https://journal-vniispk.ru/2072-909X/article/view/360357
- ID: 360357
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Abstract
The term “deprivation of liberty” in criminal proceedings has an autonomous meaning, the content of which is reduced to the impossibility of freely moving in space, leaving residential premises, changing their location at their own discretion. The purpose of the article is to identify the types of deprivation of liberty in criminal proceedings, their purposes and grounds for application.
The methodological basis of the research is the universal dialectical method of scientific cognition, which made it possible to study the subject of research in relation to other legal phenomena, as well as general scientific methods of cognition (analysis, synthesis, induction, deduction, analogy, modeling) and private scientific methods of cognition (formally legal, comparative legal).
Types of deprivation of liberty in criminal proceedings are: detention; detention; house arrest; placement in a medical organization providing medical care in an inpatient setting, or in a medical organization providing psychiatric care in an inpatient setting, for forensic examination; temporary placement in a medical organization providing psychiatric care in an inpatient setting, if available mental disorder; detention of a convicted person who is evading serving his sentence; the detention, detention and house arrest of a person against whom an extradition request has been received from a foreign state.
The deprivation of liberty in criminal proceedings has its purpose – to ensure the proper regime of criminal proceedings, and the corresponding tasks: to exclude the possibility of the suspect and the accused to escape from the investigation and the court, to continue criminal activities, to obstruct criminal proceedings; to determine the state of mental health of the prosecuted person; to provide psychiatric assistance to a suspect and accused placed in a psychiatric hospital for medical reasons, if a preventive measure in the form of detention has not been chosen against him; to ensure the execution of the sentence; to ensure the extradition of the requested person upon request from a foreign state.
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About the authors
Oksana V. Kachalova
Russian State University of Justice named after V. M. Lebedev
Author for correspondence.
Email: Oksana_kachalova@mail.ru
ORCID iD: 0000-0003-4440-8510
доктор юридических наук, профессор, профессор кафедры уголовно-процессуального права имени Н. В. Радутной.
Russian Federation, MoscowViktor I. Kachalov
Russian State University of Justice named after V. M. Lebedev
Email: okukel@yandex.ru
ORCID iD: 0000-0002-7906-7501
Doctor of Science (Law), Professor, Professor at the Radutnaya Criminal Procedure Law Department
Russian Federation, MoscowReferences
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