The aim: Based on the research, to develop a scientific concept of medical and procedural aspects of restricting a person’s right to physiological integrity related to the removal of prohibited items from his/her body and formulate recommendations for their implementation in law enforcement practice. Materials and methods: The empirical basis of the study were five decisions of the European Court of Human Rights, the results of a survey of prosecutors, investigators, and lawyers, processing of materials of criminal proceedings. The practical evidence of the authors, their advocacy, and service in the prosecutor’s office was also taken into account. To demonstrate the method of prohibited substances’ concealment in a human body, a photographic image was used based on the results of the examination of a person using a scanner conducted by customs officials. The methodological basis of the research is a complex combination of general-scientific and special methods, in particular, system-structural, comparative-legal; sociological; statistical; as well as the method of generalization. Conclusions: The removal of evidence from a person’s body is a strip search. The basis for this investigative action should be a court decision, and in urgent cases, the prosecutor. This investigative action must be carried out with the obligatory participation of a physician. To this end, it is necessary to develop an appropriate medical protocol.
The aim: To establish optimal ways of solving a scientific problem of how a human health may affect his / her election, change or revocation of a restraint measure, and establish the state of affairs and scientific approaches of considering human health during applying precautionary measures. Materials and methods: This study was conducted in 2021. It was used 2 judgments of the European Court of Human Rights (ECHR), 5 materials of analytical studies conducted by international organizations, as well as 2 normative legal documents as an empirical basis. General methods (induction, synthesis, system method), as well as special scientific methods (special -legal method, comparative- legal) are used. Conclusions: Health should be taken into account during choosing a restraint measure in at least one of the following cases: the state of human health provides for application of a precautionary measure of this kind, at the election of which he/she will be able to exercise the constitutionally guaranteed right to health care; the state of human health at the chosen precautionary measure has worsened and the person needs mitigation of conditions of precautionary measure for the purpose of effective treatment; the person fell ill during detention, and the conditions of medical care in places of detention cannot promptly ensure his/her proper treatment; it is necessary to prevent the infection ofother persons, usually those who are in custody.
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