The content of the legal category "exposure" of a person being prosecuted
EDN: VSGVXG
Abstract
Introduction. The category of "exposure" occupies a central place in the criminal process and criminology. Its genesis can be traced from the Statute of Criminal Procedure of 1864 to the modern Criminal Procedure Code of the Russian Federation.
Purpose. Theoretical and legal study of the content of the category "exposure" in the context of criminal prosecution.
Theoretical Basis. The theoretical basis of the author's research on the category of "exposure" covers key conceptual aspects: criminal procedure (normative bases and procedural forms), criminal law (qualification criteria), criminalistic (tactical, psychological and methodological support). Such a three-pronged approach allows not only to deconstruct the very category of "exposure", but also to reveal its system-forming role in the criminal legal reality.
Results. Collisions in the norms of clauses 55 of Articles 5 and 21 of the Criminal Procedure Code of the Russian Federation were identified, definitions of operational-investigative and criminal-procedural exposure were formulated.
Conclusions. Exposure is a multidimensional, dynamic, step-by-step, differentiated, cognitive activity of authorized subjects (officials of operational investigative bodies, investigator, inquirer and prosecutor) to establish and legally fix the involvement of a person in the commission of a crime, implemented in a number of procedural forms. It seems correct to consolidate the concept of operational-investigative exposure in the law on operational-investigative activities, in the following form: "operational-investigative exposure of a suspected person is the activity of operational–investigative bodies to collect, form and transfer evidentiary (non-procedural) information about his involvement in a crime to the preliminary investigation body, the prosecutor or to court".
About the Author
Yu. B. Chupilkin
Russian Presidential Academy of National Economy and Public Administration, South Russian Institute of Management
Russian Federation
Russian Federation
Yuri B. Chupilkin - Cand. Sci. (Law), Associate Professor of the Department of Procedural Law
Rostov-on-Don
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For citations:
Chupilkin Yu.B. The content of the legal category "exposure" of a person being prosecuted. North Caucasus Legal Vestnik. 2025;(3):148-156. (In Russ.) EDN: VSGVXG
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