THE PROBLEM OF CRIMINAL PROSECUTION OF A PERSON WHOSE IDENTITY IS NOT ESTABLISHED AND THE WAY OF ITS SOLUTION
One of the prerequisites for bringing a person to criminal liability is establishing his (her) identity. However, the bodies conducting the preliminary investigation do not always have the documents proving the identity of the suspect (the accused). The author analyses the problem of criminal prosecution, arrest, choosing the restraint in the form of detention of the person whose identity is not established and offers the way of the solution to this problem. It is proposed to supplement the criminal procedure code of the Russian Federation by the provisions allowing in case of failure to establish the identity of the prosecuted person (the suspect, the accused) to prove his (her) identity on the basis of the inquiry made by investigator. The required elements of such inquiry should be the conditional identity data of the suspect (the accused), his (her) photo and genetic traits.