An investigation situation and the choice of tactics
The nature and patterns of the relationship between the investigation situation and a tactics is defining for the resolution of complex problems, both general and specific, important to improve the theory and practice of forensics. The viewpoint is correct that there is a relationship between the choice of tactics and the investigation situation. Using this view, it is possible, firstly, to determine the list of tactics of an investigative action; secondly, to determine not only the list of tactics, but also the nature of their particular content; thirdly, to determine the sequence of the implementation of tactics, taking into account evidence information and guidance available to the investigator. It is methodologically wrong to "break" the choice of tactics and the choice of content, since this approach in practice leads to the fact that the subject of the preliminary investigation has to turn twice to the analysis of the investigation situation. To a large extent, this controversial judgment stems from the strict theoretical separation of tactics and tactical recommendations. Investigation situations determine the selection of tactics in two ways which manifest themselves at the same time. One of them finds expression in the choice of the nature of the tactical impact, thus, in the choice of an appropriate tactics that can carry such an impact. Another way is manifested in the meaningful, purely informational element of the tactics. Thus, specific tactics are not developed by forensic methodology: the latter only "objectifies" the tactic developed by forensic tactics in relation to a typical investigative situation that repeats during the investigation of crimes of various kinds. Some of the common tactics of a particular investigative action are completely devoid of objective content and only indicate the kind of action, such as giving the person under checking an opportunity to choose the route to the place of their testimony verification. However, this does not mean that in this case the investigative situation does not condition the tactics: the conditioning is indirect and reflected in the fact that the investigation situation pre-determined the choice of the investigative action, the tactical arsenal of which has the tactics. Another form of indirect conditioning of the choice of the tactics by the investigative situation manifests itself when a particular tactic may improve the investigative situation, but there are no prerequisites of its application yet. In this case, the investigation situation calls for actions, including those of the covert nature, that will later allow using the planned tactics.
Keywords
тактико-криминалистические средства, следственная ситуация, тактический прием, тактическое воздействие, следственное действие, tactical and forensic tools, investigatory situation, tactics, tactical impact, investigative actionAuthors
Name | Organization | |
Knyazkov Aleksey S. | Tomsk State University | Ask011050@yandex.ru |
References
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An investigation situation and the choice of tactics | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2014. № 2 (4).