Rehabilitation in Criminal Justice

Introduction

Criminal proceedings shall be intended not only to protect the rights and lawful interests of individuals and organizations, victims of crime, but also to protect the individual from unlawful and unreasonable charges (conviction), limitations of rights and freedoms, including the rehabilitation of anyone who has unreasonably been prosecuted. This follows from Art. 53 of the Constitution of the Russian Federation in accordance with which everyone is entitled to state compensation for damages caused by unlawful actions (or inaction) of state authorities or their officials (Hudson, 2003). Thus, the state assumes responsibility for the harm caused to a citizen the wrong action (or inaction), including the bodies of inquiry, preliminary investigation, prosecution and trial. In turn, this situation corresponds to the universally accepted principle, enshrined in Art. 2 of the International Covenant "On Civil and Political Rights".

The word "rehabilitation" has several meanings:

Elimination of the consequences of injury.

Restoration of former good reputation in the earlier rights (Hubner, 2005).

Discussion

Code of Criminal Procedure defines rehabilitation as an order restoring the rights and freedoms of persons unlawfully or groundlessly subjected to criminal prosecution and compensation of damage. And under the rehabilitation, it means a person who has, in accordance with the Code of Criminal Procedure entitled to compensation for damage caused by it in connection with illegal or unfounded criminal prosecution, in the course of action to incriminate the perpetrators of the crime. Thus, the right to rehabilitation is the person against whom criminal proceedings conducted in the absence of reason, and for reasons related to the violation of the order under Code of Criminal Procedure in a criminal prosecution, the application of measures to incriminate him of a crime (McGuire, 2002).

Chapter 18 of the Code "Rehabilitation" regulates the conditions and procedures for the rehabilitation of the accused, suspects, and convicts, acquitted. This is true, as a result of unlawful actions during the prosecution suffered as honor and good name of the person and property, and other personal rights, which should be restored (Banks, 2004).

The right to rehabilitation includes the right to compensation for property damage, the elimination of the consequences of non-pecuniary damage and recovery in the labor, pension, housing and other rights. It should be noted that the harm caused to a citizen in a criminal prosecution, the state reimbursed in full, regardless of the guilt of the inquiry body, investigator, prosecutor and court. In the presence of this condition ...