THE REASONS FOR THE INCREASE IN THE NUMBER OF PERSONS IN CUSTODY IN THE MODERN PERIOD

Author(s): Geranin V.V., Maltseva S.N.

Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics

DOI: 10.21777/2587-9472-2025-2-44-52

Release: 2025-2 (46)

Pages: 44-52

Keywords: freedom, preventive measures, detention, criminal liability, pre-trial detention center, prisoner in custody, special census

Annotation: Detention refers to preventive measures, in the election of which the interests of the parties involved in criminal proceedings most acutely clash. Despite its objectively inherent shortcomings, expressed primarily in the restriction of essential human rights, detention continues to be an uncontested measure in the investigation of the most socially dangerous acts. The evidence of the urgency of the problem is repeated (over 40 times!) introduction by the legislator of amendments and additions to the articles of the CPC regulating the grounds for appointment and terms of detention. The Constitutional Court of the Russian Federation also addressed the clarification of their constitutional and legal meaning. Statistical data from recent years indicate a steady decrease in the number of registered crimes in the country, which has decreased by more than 1 million in 15 years. Contrary to this, in recent years the number of persons detained in pre-trial detention centers and pre-trial detention facilities in the context of the penal enforcement system of the Ministry of Justice of the Russian Federation has been increasing. Moreover, the growth continued, despite the annual decrease in the number of applications granted by the courts for the election of this preventive measure. According to the authors, the main reason for this phenomenon is due to the continued “aggravation” of the crime structure and the resulting tendency to increase the length of detention both to the maximum permissible and beyond it. The authors make extensive use of statistical data in the article, presented on the official websites of various departments, as well as the results of the last two special censuses of convicts and persons in custody, in the analysis of which they were directly involved. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Geranin V.V., Maltseva S.N. THE REASONS FOR THE INCREASE IN THE NUMBER OF PERSONS IN CUSTODY IN THE MODERN PERIOD // Journal of Legal Sciences. – 2025. – № 2 (46). – С. 44-52. doi: 10.21777/2587-9472-2025-2-44-52