SUSPICION IN THE RUSSIAN AND GERMAN CRIMINAL PROCESSES

The study deals with the concept of suspicion in the criminal procedure law of Russia and Germany. The suspicion is the central element of the whole of the German criminal process. The doctrine of suspicion has a long standing history in the criminal procedure law of Germany, so its analysis made by this research is of great importance to the Russian law enforcers. The presence of suspicion in Germany is the basis for the application of the measures of criminal procedural coercion, because the interference in constitutional rights and freedoms of a person from the criminal prosecution organs is permissible only when the suspicion is established. The suspicion is necessary for a person to acquire the procedural status of the accused. That is why the definition of the concept of initial suspicion, the moment it occurs, as well as the way every specific occasion states the initial suspicion availability are of particular interest. The article considers the elements of the initial suspicion and the tools, which are developed by the German judicial practice and doctrine, to verify the presence or absence of the initial suspicion.