Topical issues of identification parade
It must be noted that the existing definitions of identification parade reflect mostly the outer actions of the investigator and the purpose, while at the same time, the ability of identification by a mental image that defines the essence of the investigative action is not mentioned. There is a need to clarify the concept of identification, which is the provision by the investigator of the identifying person with an object presumably seen in the circumstances relevant to the criminal case, and the identifying person indicates the presence or absence of the object of interest among the given ones. Forensic task of identification parade is to analyze the numerous causal and other relations between the elements of criminological characteristics of a particular type (group) of crimes. This content of the forensic purpose of identification is possible for the perception of an object in a situation related to the disclosure and investigation of a crime always occurs in the particular circumstances of place and action. Their finding, in view of the relationship of elements of forensic characteristics of the crime, allows to get relevant information on a larger or smaller number of these elements and coordinate it with the information obtained in the course of other investigation actions. In criminal cases when the victims of violence are minors in order to protect them from intense emotions associated with re-perception of the accused, it is expedient to identify them by a photograph. Given the particular importance of ethical positions that have found legal reflection, we offer to fix in Part 5 of Article 193 of the Criminal Procedure Code of the Russian Federation a rule stating that when the identification by the minor victim and witness may cause strong emotional stress, it can be done by a photograph and, if possible, by bringing in the accused person. It seems necessary at the preliminary examination of the identifying person to make a composition portrait; coincidence of its features with features of the person identified ''by the overall image" must become evidence.
Keywords
предъявление для опознания, сущность предъявления для опознания, криминалистическая идентификация по мысленному образу, криминалистические цели и задачи предъявления для опознания, опознание «по общему образу», тактико-криминалистическая комбинация, тактико-криминалистическая операция, line-up, essence of identification parade, forensic identification by mental image, forensic purpose and tasks of identification parade, identification "by the overall image", tactical and forensic combination, tactical and forensic operationAuthors
Name | Organization | |
Knyazkov Aleksey S. | Tomsk State University | ask011050@yandex.ru |
References
 2013_8_2013_1376035751.png)
Topical issues of identification parade | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2013. № 1(1).