Obtaining evidence during the investigation of criminal offenses against the will, honor and dignity of a person

Autores

DOI:

https://doi.org/10.24862/rcdu.v15i2.2062

Resumo

Based on the provisions of forensic tactics, the opinions of scientists and the results of the generalization of the judicial and investigative practice of investigating criminal offenses against the will, honor and dignity of a person, the article analyzes the peculiarities of the organization and tactics of conducting an inspection of the scene, interrogation and search in criminal proceedings of this category. The purpose of the scientific research is determined - to develop organizational and tactical recommendations aimed at improving the tactics of conducting individual investigative (search) actions, namely, inspection of the scene, interrogation, search during the investigation of criminal offenses against the will, honor and dignity of a person. Achieving the goal of the scientific article was facilitated by the application of a set of general scientific (analysis, synthesis, deduction, induction, analogy, abstraction) and special legal (dogmatic, systemic-structural, formal logic, modeling, content analysis, statistical) methods and techniques of scientific knowledge, which made it possible to comprehensively study the research object. The importance of carrying out the specified investigative (search) actions both at the initial stage of the investigation and at the next stage, depending on the specific illegal act and investigative situation, is emphasized. A list of persons whose testimony is important in criminal proceedings has been determined. The importance of preparing for the interrogation, inspection of the scene and search, which will include determining the location and layout of the premises, establishing the persons who live in it, inviting witnesses, using technical means and determining the date, time and persons involved in their conduct, has been proven. In addition, the purpose, tasks and tactics of conducting the specified investigative (search) actions are determined, and a list of typical questions is highlighted. In addition, it was emphasized the importance of establishing an effective mechanism of interaction between the investigator and operative units, organizing an intensive search for the victim, suspect, complex and operational application, along with obtaining statements, other investigative (search) actions and covert investigative (search) actions.

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Biografia do Autor

Nataliia Dobrianska, Tavria National University named after V.I. Vernadsky, Kyiv, Ukraine

Doctor of law, Associate Professor, Department of postgraduate and doctoral studies.

Vadym Filashkin, Donetsk regional state administration, Regional military administration, Kyiv, Ukraine

Doctor of law.

Ihor Barsuchenko

Lawyer, Bar association "Premier Group", Kyiv, Ukraine.

Viktor Nikitenko, Department of legal support of business activity, State University of Trade and Economics, Kyiv, Ukraine

Doctor of law, Associate Professor.

Andrii Antoshchuk, Department of criminalistics end forensic medicine, National Academy of Internal Affairs, Kyiv, Ukraine.

Doctor of law, Associate Professor.

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Publicado

2024-11-04

Como Citar

Dobrianska, N., Filashkin, V., Barsuchenko, I., Nikitenko, V., & Antoshchuk, A. (2024). Obtaining evidence during the investigation of criminal offenses against the will, honor and dignity of a person. Revista Do Curso De Direito Do UNIFOR, 15(2), 66–80. https://doi.org/10.24862/rcdu.v15i2.2062

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