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The analysis reveals the challenges of criminal prosecution without personal data in suspects, suggesting solutions to ensure rights.
It is indicated that today a problematic aspect in the activities of the prosecution is the criminal prosecution of a person whose personal data is not known. The current criminal procedural law almost does not provide for procedures for dealing with a person whose personal data is not known in the context of criminal prosecution. It is concluded that the lack of personal data on a person who is reasonably suspected of committing a criminal offense creates unjustified obstacles to effective criminal prosecution. The issue of the lack of information on the personal (questionnaire) data of a suspected person in criminal prosecution is considered in two aspects: the need to carry out criminal prosecution despite the lack of information on the personal (questionnaire) data of the suspect; the need to properly ensure the rights, freedoms and legitimate interests of the suspect regardless of the presence/absence of information on his personal (questionnaire) data. It is determined that if there are legal grounds (reasonable suspicion of committing a criminal offense), regardless of whether the personal data of the person is known or not, the person should be prosecuted in a lawful manner. It is argued that the criminal procedural law should provide for the possibility of conducting all investigative (search) and other procedural actions that are necessary for criminal prosecution without reference to the personal data of the suspect. It is proven that the lack of information on the personal data of the person against whom criminal prosecution is being carried out should not be an obstacle to the implementation of prosecution activities against such a person. We propose to solve the problem of criminal prosecution of a person whose personal data is unknown by assigning the latter a fictitious name. Assigning a fictitious name to a suspect can be formalized by a corresponding resolution of the investigator. In the future, such a person suspected of committing a criminal offense will be able to fully exercise procedural rights and exercise legitimate interests in criminal proceedings.
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D. А. Patrelyuk (2025) studied this question.
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