Is a Suspect Equal to a Convict in the Contemporary Pre-Trial Proceedings?

The relevance of the study of the procedural position of a person subject to criminal prosecution by pre-trial investigation authorities is caused by the fact that in accordance with Ruling of the Constitutional Court of the Russian Federation No. 11-П of June 27, 2000, on the Verification of the Constitutional Nature of the Provisions of Part 1 Article 47 and Part 2 Article 51 of the Criminal Procedure Code of the RSFSR and in View of the Complaint Filed by Mr. V.I. Maslov, the start of such investigation is related to carrying out investigative and other procedural actions against a specific person upon the receipt of a crime report or notice by the law enforcement authority. Even if such person has not obtained the suspect status yet. However, such person obtains the legal status of a convict upon lodging of charges, which often takes place only upon termination of criminal case investigation in the form of pre-trial proceedings, or upon preparation of the final procedural document (letter of accusation, bill of indictment) by an interrogator if cases are investigated in the interrogation form and the summary interrogation form with some exceptions. The criminal procedure theory is now lacking a consolidated position with regard to the suspect/convict correlation. Along with the traditional approach towards the evaluation of arraignment as a guarantee of rights, freedoms and legal interests of a person subject to criminal prosecution, the position that the institution of arraignment has long lost its initial function and is almost the same as the suspect institution and thus requires a fundamental review has started to gain more and more supporters.