scholarly journals INVESTIGATIVE SITUATIONS OF INTERROGATION OF A VIOLENT CRIMINAL DEFENDANT

2021 ◽  
pp. 12-15
Author(s):  
O.V. Bespechniy ◽  
M.A. Neymark
Keyword(s):  
Preliminary Investigation ◽  
Criminal Cases ◽  
Violent Crimes ◽  
Criminal Defendant ◽  
Factors Influencing ◽  
Violent Criminal ◽  
Judicial Investigation

The article examines the problems of the tactics of interrogating the defendant when the court considerscriminal cases of violent crimes against the person. The urgency of such a study is substantiated. Theimportance of the interrogation of the defendant in the establishment by the court of the circumstances ofthe criminal event in question is noted. Typical situations of judicial investigation are determined, dependingon the position of the defendant. The differences of such situations from investigative situations emerging atthe stage of preliminary investigation are revealed. The features of investigative situations of interrogation ofthe defendant, their significance for the construction of the tactics of the judicial investigation are considered.The peculiarities of the formation of the testimony of the defendant during the judicial examination ofcriminal cases of violent crimes, the factors influencing their formation are revealed. Highlighted the typicalversions put forward by the defense when the court is considering criminal cases of violent crimes. Tacticalrecommendations for organizing the interrogation of the defendant are formulated, the circumstancesthat require clarification during interrogation are indicated, tactical techniques that can be used by theprosecution to ensure the effectiveness of the interrogation are determined.

Problems of the legal status of the prosecutor on criminal private accusation cases

2020 ◽  
Vol 2020 (3) ◽  
pp. 123-132
Author(s):  
Pavel Titov
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
Theoretical Models ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Investigation ◽  
Criminal Procedure Law ◽  
A Charge

Introduction. Relevance of the research topic. Criminal proceedings are generally based on public law, which involves the participation of a prosecutor in criminal cases, who performs two main functions: criminal prosecution and supervision of the procedural activities of the preliminary investigation bodies. In cases of private prosecution, however, taking into account the specifics of initiating criminal prosecution, the lack of stages of initiation of criminal proceedings and preliminary investigation and the collection of the bulk of evidence by a private prosecutor, the Prosecutor cannot perform the same functions as in cases referred to public prosecution. Problem statement. Science did not use to pay much attention to the powers of the Prosecutor for criminal cases of private prosecution. Even in scientific works directly dealing with the issue, only concise norms of the criminal procedure law, without their detailed disclosure and specification, were mainly reproduced. Goals and methods. The aim of the research is to develop an optimal theoretical model of the prosecutor’s participation in criminal cases of private prosecution and to formulate a list of their powers. The work is based on the dialectical and materialistic method, which involves a comprehensive study of phenomena, their interactions being taken into account. Such methods as formal and legal, analysis and synthesis, deduction and induction have also been used. Results and key conclusions. The author makes suggestions about possible theoretical models of the Prosecutor’s participation in the category of cases under consideration, points at their defects and, as a result, suggests his own conceptual model. Attention is drawn to the fact that the attorney cannot go over to the side of the prosecution and should not be granted rights attributed exclusively to the private Prosecutor: to formulate a charge, to define people to be brought to justice, to petition for reconciliation with the accused. The Prosecutor in the cases of private prosecution procedure should preserve neutrality. At the same time, their participation is intended to make up for the characteristic features of the victim, which make it difficult for the latter to defend their right for justice and to be protected from crime. The paper formulates procedural rights the Prosecutor in a private prosecution case should be provided with and gives reasons for the Prosecutor’s necessity to give an opinion on the case, disclosed to the court and the parties at the end of the judicial investigation. It is stated, that the Prosecutor for private prosecution performs functions that are neither criminal prosecution nor supervision of the investigation bodies. They exercise supervision over the legality of the actions of the participants in criminal proceedings on behalf of the defense and prosecution in order to ensure the validity of the decision.

THE RETURN OF CRIMINAL CASES FOR THE PRELIMINARY INVESTIGATION (ON THE EXAMPLE OF ERRORS IN THE CASE OF THE PARTICIPATION OF AN INTERPRETER)

2021 ◽  
pp. 57-61
Author(s):  
В.О. Захарова
Keyword(s):  
Preliminary Investigation ◽  
Criminal Proceedings ◽  
Criminal Cases

Автором проанализированы основные положения участия переводчика в уголовном судопроизводстве. Даны рекомендации по осуществлению взаимодействия следователя с переводчиком. Приведены типичные ошибки, возникающие при участии переводчика в уголовном судопроизводстве и даны рекомендации по осуществлению взаимодействия переводчика со следователем. The author analyzes the main provisions of the interpreter’s participation in criminal proceedings. Recommendations are given on the implementation of the interaction of the investigator with the translator. Typical errors that occur with the participation of an interpreter in criminal proceedings are presented and recommendations are given for the interaction of an interpreter with an investigator.

scholarly journals Kajian Kriminologi Terhadap Kekerasan Yang Dilakukan Oleh Perempuan di Kota Ambon

JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 57-73
Author(s):  
Denny Latumaerissa
Keyword(s):  
Violent Crime ◽  
Sexual Disorder ◽  
Violent Crimes ◽  
Sexual Perversion ◽  
Factors Influencing ◽  
The Family ◽  
The City

Essentially violent crime can occur wherever, anytime, and can be done by anyone without any distinction sex. That is guilty can male or female. The reality that occurs suggests that female also often perpetrated a violent crimes. Such as happened in the city of Ambon, which according to the data from Polresta  P.Ambon and P. P lease, suggests that from 2017 until 2019, there are 14 ( fourteen ) violence made by women on jurisdiction. That has been a problem in writing this is what has been factor-factor cause violence carried out by women in the city ambon. Factors influencing the so that a woman committed violence in the city of Ambon is the family, the motivation, / sexual disorder of sexual perversion, and the role of the victim

scholarly journals The age psychology of minors as a factor determining the features of the preliminary investigation of criminal cases involving them

2022 ◽  
pp. 116-128
Author(s):  
Nikolay Gorach ◽  
Juliana Galkina
Keyword(s):  
Juvenile Offenders ◽  
Necessary Conditions ◽  
Preliminary Investigation ◽  
Criminal Cases ◽  
Educational Work ◽  
Legal Literature ◽  
Age Related ◽  
Number Of Factors ◽  
Human Psyche ◽  
Procedural Decisions

The age psychology of minors is considered as a factor determining the features of the preliminary investigation of criminal cases involving them. The article deals with issues related to the age psychology of minors, the object of which are the laws, patterns and trends of change in the human psyche, his behavior, life and personality throughout his life. At the same time, it is noted in the legal literature that most crimes committed by minors are due to age-related motivational specifics, committed on the basis of mischief, a misinterpreted sense of camaraderie and romance, the desire for self-affirmation, imitation of both adults and peers who enjoy authority. The behavioral basis of juvenile offenders is formed under the influence of a number of factors, knowledge of which can be important when making tactical and procedural decisions by an investigator during pre-trial proceedings in a criminal case. The behavior of adolescents is largely related to their age characteristics, which largely determine their behavior, which can be observed, including during the preliminary investigation of criminal cases involving them. Thus, knowledge of the peculiarities of age psychology can make it possible to determine the most effective measures of educational work aimed at correcting behavior, correcting and re-educating juvenile offenders. It is these goals that the legislator takes into account, establishing the specifics of the proceedings both in cases of crimes committed by minors and the regulation of investigative actions involving minor victims and witnesses. The peculiarities of the age psychology of minors must also be taken into account when choosing the tactics of investigative actions carried out with their participation, since this is one of the necessary conditions for achieving the goal of the investigative action and the preliminary investigation as a whole.

Crimes in the field of illicit trafficking in narcotic drugs, psychotropic, potent and poisonous substances: topical issues of criminal liability

2021 ◽  
pp. 704-715
Author(s):  
Dmitriy V. Bondarev
Keyword(s):  
Final Stage ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Illicit Trafficking ◽  
Narcotic Drugs

We consider current issues related to the prosecution of persons guilty of committing crimes in the field of illegal circulation of narcotic drugs, psychotropic, potent and poisonous substances. We analyze the problematic moments that arise at the final stage of the investigation of criminal cases of this category, in particular, upon notification of the end of the preliminary investigation and at the stage of familiarization with the materials of the criminal case on crimes related to the illegal circulation of narcotic drugs and psychotropic substances. We pay attention to the gaps in modern legislation in the area under consideration, we have made suggestions for its im-provement.

scholarly journals The issues of the process of evidence collection during preliminary investigation in the Republic of Tajikistan

2018 ◽  
Vol 50 ◽  
pp. 01240
Author(s):  
Aleksei Parfenov
Keyword(s):  
Statistical Data ◽  
Preliminary Investigation ◽  
Crime Scene ◽  
The State ◽  
Criminal Cases ◽  
Crime Scene Investigation ◽  
Research Activities ◽  
Evidence Collection ◽  
Scene Investigation ◽  
The Republic

This paper addresses the topical issues that arise in the process of preliminary investigation and initial operations and investigations related to collecting and obtaining evidence. In particular, the study raises the problematic questions about the nature and goals of technical and criminalistic support of the forensic experts’ research activities during crime scene investigation while specifying relevant statistical data. The author provides an analysis of the state of usage of the forensic equipment employed in obtaining and collecting evidence during crime scene investigation during preliminary investigation in the Republic of Tajikistan and other countries. The paper also covers the issues of knowledge, skills, and abilities of the subjects collecting and obtaining evidence for criminal cases and determines the requirements to to the knowledge, skills, and abilities of the forensic experts who participate in crime scene investigation.

Forensic Psychiatry

2018 ◽  
Author(s):  
Michael A. Norko
Keyword(s):  
Mental Illness ◽  
Forensic Psychiatry ◽  
Religious Practice ◽  
Criminal Cases ◽  
Violent Crimes ◽  
Forensic Evaluations ◽  
Maximum Security ◽  
Right To Refuse Treatment ◽  
The Individual ◽  
The Right

This chapter represents a first effort at exploring ethics concerns at the intersections of forensic psychiatry and religion. It surveys several areas where this convergence occurs: criminal cases in which religious delusions of the defendant figured prominently in the defense; civil cases involving the right to refuse treatment secondary to religious beliefs; the complexities of applying empathy to forensic evaluations where the physician’s task is not focused on healing the individual; the challenges of permitting certain forms of religious practice in maximum security forensic hospitals; and the interplay of constructs of forgiveness, reconciliation, remorse, and insight in treating persons found not guilty by reason of mental illness of serious, violent crimes. The choice of these particular topics is not meant to exhaust the conjunction of these interdisciplinary interests but hopefully provides a place to begin their consideration.

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