Causes and conditions conducive to knowingly illegal detention
The article examines the causes and conditions conducive to knowingly unlawful detention. The legislator regards knowingly unlawful detention as one of the most dangerous criminal acts against justice. This act infringes primarily on the constitutional rights and freedoms of a person and citizen related to freedom of movement, as well as on the interests of justice, which causes substantial harm to an objective investigation and pronouncement of a lawful and fair sentence in a criminal case. The external and internal determinants of knowingly illegal detention are considered. The authors talk about the need for a critical rethinking of this negative phenomenon, finding out the causes and conditions conducive to knowingly unlawful detention. An explanation of the causes and conditions of knowingly unlawful detention is necessary for the development of adequate and effective countermeasures. The article contains the results of a study conducted by the authors based on the results of a survey of 120 investigators and investigators of the Investigative Committee of the Russian Federation and internal affairs agencies, analysis of 25 archival criminal cases initiated under part 1, part 3 of article 301 of the Criminal Code of the Russian Federation, in order to further identify the causes and conditions of knowingly unlawful detention. It was concluded that the factors identified, the causes, conditions and motivation for the commission of unlawful detentions necessitate the development of adequate measures to counter the obviously unlawful arrest that remain outside the scope of this article.