Causing harm during the detention of a person who committed a crime: modernization of legislation and practice of its application

Abstract

The application of the norm on infliction of detriment in apprehension of a criminal raises questions in the doctrine of domestic criminal law and in investigative and trial procedures. The analysis of the content of Article 38 of the Criminal Code of the Russian Federation and legal precedents made it possible to identify the shortcomings comprised in the Article and the legal act interpreting its utilization. To eliminate these weaknesses, the author formulated proposals for modernization the norm fixed in this Article and improvement law enforcement activities.