DEFINITION AND SIGNIFICANCE OF FORENSIC DESCRIPTION OF MURDER CASE JUDICIAL INVESTIGATION.
The article is devoted to the topical problem of the use of criminalistic recommendations in the court at legal investigation of murder cases. At present criminalist scientists have no common opinion about the possibility and necessity of using criminalistic data in the court. At the same time, as research of practice of inquiry on murder cases indicates, it is rather difficult to achieve the goals of a criminal court proceeding without criminalistic recommendations. The Code of Criminal Procedure of the Russian Federation admits investigative actions during the trials for criminal cases including the murder. Yet the Code of Criminal Procedure of the Russian Federation does not give concrete tactical recommendations of their use to the court or to parties of a lawsuit. This task is for criminalistics to fulfil. Criminalistic characteristics of judicial investigation on murder cases can be defined as scientifically generalised information and a system of knowledge of forming judicial situations and disposition of cases with the help of criminalistic methods in the court with parties of a lawsuit - the judicial process participants, who perform functions of accusation or defence on the basis of the adversarial character of the parties. The content of criminalistic description includes the notion and content of criminalistic description of judicial investigation and its correlation with the criminalistic description of preliminary investigation; investigatory situations; investigatory versions and planning of judicial investigation; tactics of conducting of investigative actions in the court; tactical methods, tactical operations and tactical combinations that can be used in the court; specifics of interaction of judicial investigation participants. The criminalistic description of judicial examination slowly becomes a recognised concept. Alongside with the criminalistic descriptions of investigation and crime, it forms the structure of the methodology of crime investigation. Thus, the elements of the criminalistic description of judicial investigation of murder cases are the concept and the content of criminalistic description of judicial examination, its parity with criminalistic description of preliminary investigation; investigatory situations; investigatory versions and judicial examination planning; tactics of carrying out of investigatory actions in the court; tactical moves, operations and combinations applied in the court; features of interaction of judicial examination participants.
Keywords
planning of investigation, judicial situations, judicial investigation, criminalistic description of investigation, criminalistic description of crime, планирование расследования, судебные ситуации, судебное следствие, криминалистическая характеристика расследования, криминалистическая характеристика преступленияAuthors
Name | Organization | |
Korchagin Andrey A. | Altai State University (Barnaul) | kaa77-21@mail.ru |
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