Contingency approach and its significance in formation of methods of judicial investigation on murder cases

Criminalistics characteristic of judicial investigation onmurder cases is a system of criminalistically significant typical data of the most optimal adversary criminal procedure activity of accusationor defence in forming judicial situations. The development of a new notion of a judicial investigation situation and its classificationis considered to be extremely significant for the development of methods of investigation on murder cases. This knowledge is importantnot only for a public prosecutor who must develop tactics of public prosecution support with a glance at the present situation of the investigationbut also for a judge himself who must develop his own activity with a glance at investigatory situations and decide on thecase on this very basis. Efficiency of public prosecution mostly depends not only on the knowledge of criminalistics characteristic ofcrime but also on the knowledge of typical situations and other methodological elements of public prosecution support. Having studiedthe information from the materials of a criminal case and possessing the knowledge of typical judicial situations in judicial procedure itwill be easier for a public prosecutor and for a judge to resolve the matter of their competence. Judicial situations on murder cases, as itcan be regarded, are based on situations of preliminary investigations. There are elements of a psychological type, informational type,procedural and tactical type, material and logistical type singled out in the content of a judicial situation. Psychological characteristics ofsubjects of criminal procedure have an influence on judicial investigation situations. Elements of the informational type can be expressedwith the help of available evidence, contained in the materials of a criminal case and with the help of additional evidence receivedad litem. Rules of criminal procedure legislation can refer to procedural elements. Tactical elements are specifics of tactics of apublic prosecutor to adduce evidence and specifics of tactics to conduct investigative actions ad litem. Elements of material and logisticaltypes include material conditions of judicial review of the case. Significance of judicial investigation situations on murder cases isthe following: they are the basis for making tactful decisions during judicial investigation. If a public prosecutor is aware of the situationsformed during the preliminary investigation s/he will be able to predict possible judicial situations and prepare variants for theirsolution beforehand. In connection with this in the article there is an attempt to define the notion of a judicial investigation situation onmurder cases, its structure, to particularize classification bases and on this basis to formulate a system of classification of judicial investigationsituations on murder cases on the basis of the analysis of different viewpoints in criminalistics literature.

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