scholarly journals THE IDENTITY OF THE OFFENDER AS AN ELEMENT OF THE FORENSIC CHARACTERISTIC OF THE CRIME

2020 ◽  
pp. 187-190
Author(s):  
Yu. A. Chaplynska
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Relevant Information ◽  
Scientific Article ◽  
Forensic Investigation ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Crime Investigation ◽  
Characteristic Features ◽  
Investigation Process

The scientific article deals with some aspects of crime investigation. The identity of the offender is considered as an element of forensic characteristics. Investigating the identity of the offender provides the investigation with a number of additional features. The identity of the offender as an element of forensic characteristics is a set of socially significant features and attitudes that characterize a person guilty of violating the criminal law, in combination with other conditions and circumstances affecting his criminal behavior. In particular, the information about it allows to distinguish the data necessary for the organization of the most effective search of the person who committed the crime, and subsequently – its exposition, provide elimination of the causes and conditions of committing criminal offenses and their recidivism. And during the conduct of investigative (search) actions – the possibility of effective establishment of psychological contact, the use of appropriate tactical techniques. In order to construct an effective forensic characteristic, elements must be identified that have a clear investigative focus and can help determine further directions of the investigation. Therefore, it is indisputable to distinguish in the structure of forensic characteristics of crimes such component as the person of the offender. By identifying its characteristic features, it becomes possible to build versions at the initial stage of the investigation, to use certain tactical techniques in the course of procedural actions. A forensic investigation of an individual consists of establishing forensically relevant information about the offender and other participants in the investigation process. Investigation of the identity of the offender as an element of forensic characteristics, allows to accumulate in the portrait of the likely offender his characteristic features. Creating a forensic portrait is important enough for the whole investigation process. In any case, it allows you to put forward certain versions and search for the person who disappeared from the scene, as well as the possibility of qualitative procedural actions.

scholarly journals Problems of interaction of operational-search units of the National police of Ukraine during the investigation of criminal offences

2020 ◽  
Vol 4 (4) ◽  
pp. 270-274
Author(s):  
Serhiy Obshalov
Keyword(s):  
Task Force ◽  
The Body ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Mutual Exchange ◽  
Joint Activities ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Crime Investigation ◽  
National Police

The scientific article is devoted to the coverage of some aspects of the interaction of operational and investigative units of the National Police of Ukraine during the investigation of criminal offenses. The concept, essence and forms of interaction during the pre-trial investigation are considered. It is noted that the interaction of the National Police provides the most effective investigation of socially dangerous acts. After all, thanks to the joint activities of employees of different departments, information of any plan is obtained, as well as possible rapid and rational implementation of various pro-cedural actions. The investigation of serious crimes requires employees to plan their actions quite clearly. Therefore, research and recommendations on the interaction of any units of the National Police is un-doubtedly one of the most progressive areas of achieving the purpose of criminal proceedings and research in general. The author supports the position that cooperation is a form of organization of crime investigation, which consists mainly in law-based cooperation of the investigator with the body of inquiry, agreed on the goals, time and place, carried out in order to fully and quickly detect crimes, comprehensive and com-prehensive. effective investigation of criminal proceedings and search for hiding criminals, stolen valuables and other objects relevant to the case. Among the procedural forms of their interaction in the investigation of serious and especially se-rious crimes are: the implementation of the investigator's instructions to conduct investigative (investigative) actions and covert investigative (investigative) actions; execution by the operative unit of the investigator's instructions on verification by operative-investigative means of information that is important for establishing the presence or absence of grounds for entering information into the URPI on operative materials. Among the organizational forms in the investigation of serious crimes are the following: joint planning of the initial stage of the investigation; coordinated activities as part of the investigative task force; mutual exchange of information between the investigator and employees of operational units; joint use of forensic and operational-technical means.

scholarly journals Criminal protection of young people from alcoholism in Bosnia and Herzegovina

Crimen ◽  
2020 ◽  
Vol 11 (3) ◽  
pp. 272-298
Author(s):  
Suad Orlić ◽  
Sadmir Karović
Keyword(s):  
Young People ◽  
Alcohol Abuse ◽  
Bosnia And Herzegovina ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Decisive Influence ◽  
Criminal Offenses ◽  
Criminal Protection

Alcoholism or alcohol abuse and indulgence in alcohol is one of the most prevalent antisocial phenomena in young people and one of the main causes of their criminal behavior. Namely, there is an increasing tendency for young people to abuse and consume alcohol and to indulge in alcohol frequently as well as the incidence of committing criminal offenses by young people under the decisive influence of alcohol. The paper elaborates the criminal law aspects of protecting young people from alcoholism or alcohol abuse and points out problem of uneven and inadequate legislation in Bosnia and Herzegovina, and gives appropriate proposals for changes to existing solution in order to achieve better and more effective criminal law protection of young people from alcohol abuse.

scholarly journals Typical investigatory situations in investigation of group violations of public order

2020 ◽  
Vol 3 (3) ◽  
pp. 299-303
Author(s):  
Denys Usatkin
Keyword(s):  
Police Officers ◽  
Public Order ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Course Of Action ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Forensic Scientists ◽  
Tactical Decisions

The scientific article is devoted to covering some aspects of the investigation of a group violation of public order. The essence and system of typical investigative situations of the specified actions for their faster and more effective investigation are considered. It is noted that the activities of law enforcement officers should have a specific structure, which will vary depending on the specific circumstances that occur in the investigation of certain criminal offenses. That is, the algorithmization of the criminal proceedings for a particular category of offenses should be the main task of forensic scientists. At the same time, it is necessary to understand that it is impossible to build an algorithm of actions without identifying certain situations that may arise during the investigation. Criminal proceedings for group violations of public order are no exception. These acts violate public order and are quite difficult to distinguish from the accompanying acts: riots and hooliganism. And it is thanks to the correct course of action of police officers at the initial stage of the investigation that the greatest possible amount of evidence will be gathered. The author supports the position of scholars who formulate a typical investigative situation as a set of conditions that are objectively formed in the investigation of criminal offenses, create a unique situation at a given time, which poses the investigator the problem of choosing the appropriate course of action and tactical decisions. After analyzing the above situations and factors influencing their formation, as well as materials of criminal proceedings, the author formulated the following typical investigative situations in the investigation of a group violation of public order: persons who committed a group violation were detained at the scene, the victim witnesses, eyewitnesses and available material traces of a criminal act; persons who have committed a group violation of public order, disappeared from the scene and are known only by appearance, available witnesses and material traces of a criminal act; traces of illegal actions were found, the offenders are unknown, witnesses were found at the scene.

scholarly journals APPLICATION OF LEGAL CONSTRUCTIONS OF INTERCONNECTION OF OBJECTS WITHIN THE CONCEPT OF A SINGLE PROPERTY OBJECT

2021 ◽  
Vol 6(72) (3) ◽  
pp. 402-408
Author(s):  
E. G. Semenova
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Policy ◽  
Practical Significance ◽  
Late Nineteenth Century ◽  
Complex Nature ◽  
Scientific Article ◽  
Legal Science ◽  
Criminal Penalties ◽  
In The Beginning

The purpose of the scientific article is to show the statement of the fundamental world problem about the meaning of criminal punishment by the outstanding Russian writer L. N. Tolstoy in 1899 in the work «Sunday», and its exact practical solution by Professor S. G. Olkov in 2019 in the article «on explaining the nature of criminal law relations». Scientific methods: observation, comparison, methods of mathematical analysis, probability theory and mathematical statistics. Scientific result: 1) it is proved that the value of criminal penalties is not axiomatic; 2) it is proved that the great Russian thinker L. N. Tolstoy managed in the late nineteenth century to formulate precisely the main problem of the world of criminal policy, but failed to solve it in the absence in his time the precise legal science, which emerged in the beginning of the twenty-first century; 3) it is proved that the fundamental historical problem of the meaning and value of criminal penalties was exactly solved by mathematical means, by Professor S. G. Olkov, in the beginning of the XXI century; 4) the author’s flowchart discloses the consequences of erroneous and accurate creation and application of criminal law norms. Practical significance: the obtained scientific results, presented in an accessible form, allow the General scientific community, politicians, students and other interested persons to understand the complex nature and meaning of criminal law relations; avoid numerous theoretical and practical errors in explaining, predicting and managing criminal behavior; understand the importance of accurate legal science in solving fundamental problems of humanity, creating a more perfect and healthy society.

Rethinking the Scientific and Legal Implications of Developmental Differences Research in Juvenile Justice

2014 ◽  
Vol 17 (3) ◽  
pp. 407-441
Author(s):  
Mark R. Fondacaro
Keyword(s):  
Biological Sciences ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Developmental Differences ◽  
Court Cases ◽  
Forward Movement ◽  
Criminal Offenses ◽  
Legal Implications

A recent string of Supreme Court cases now ensures that fewer juveniles will be subjected to our most extreme punitive sanctions, a sign of forward movement toward evolving standards of decency in our culture and jurisprudence. However, this article will argue that there are potential long-term costs associated with the interpretation of developmental differences research relied upon by the Court, not only to juveniles and adults accused and convicted of serious crimes, but to the credibility of science and the legitimacy of the criminal law. The article draws on cutting-edge scientific research to argue that juveniles should indeed be treated differently than we currently treat adults for criminal offenses. However, the primary reason we should treat them differently is not because they are developmentally immature (which many of them may indeed be), but because our retributive justifications for adult punishment do not and will not stand up to scientific scrutiny and the ongoing, inevitable advances in the behavioral and biological sciences. Adolescent immaturity is just one example of the growing number of diminished capacities taking aim at the legitimacy of retributive justifications for punishment. As philosophical and commonsense explanations for criminal behavior give way to scientific and empirical analyses across biological, psychological, and social levels, the justification for and responses to criminal responsibility will need to shift from retribution and just desert toward more forward-looking, consequentialist approaches with both juveniles and adults.

scholarly journals Improvement of legislation in the field of countering organized forms of crime: illusions and reality

2021 ◽  
pp. 394-403
Author(s):  
Oksana Kvasha
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Case Law ◽  
The Body ◽  
Scientific Article ◽  
Current State ◽  
Criminal Offenses ◽  
Promising Area ◽  
The Law ◽  
Improvement Of Legislation

Introduction. The state of crime in modern Ukraine is characterized by a significant spread of organized crime. Given the absence for many years of a state strategy to combat organized crime and the failure of state policy to minimize corruption, organized crime has reached such proportions that have become a threat to national security. Significant changes took place in Section IX "Criminal Offenses against Public Safety" with the entry into force of the Law "On Amendments to Certain Legislative Acts of Ukraine on Liability for Crimes Committed by the Criminal Community" № 671-IX of 04.06.2020. The aim of the article. Has the legislator's goal been achieved to strengthen the criminal law framework for combating organized crime? The purpose of this scientific article is to find an answer to this question. Finding out the answer to the question: "How will the introduced short stories affect the fight against organized crime?" is also important in terms of ensuring the unity of case law. Conclusions. Legislative novelties do not agree with other norms and current criminal law terminology, contradict the systemic structure of criminal law, do not comply with the rules of the Ukrainian language. It is not logical to make changes to the "body" of the Law of Ukraine "On Organizational and Legal Basis of Combating Organized Crime" of June 30, 1993, which requires changes in each of its articles. It is necessary and important to adopt a new Law (conditional title - "On the principles of combating organized crime in Ukraine"), which should be based on current legislation of Ukraine and take into account the current state and trends of organized crime in the world, especially its transnational nature and symbiosis with corruption, as well as the specifics of domestic organized forms of terrorism, separatism and collaborationism. Therefore, a promising area of further research on the analyzed problem is the development of scientifically sound proposals for a new law on combating organized crime in Ukraine.

scholarly journals Forensic description as an element of the methodology of investigation of criminal offenses against morality

2020 ◽  
Vol 3 (3) ◽  
pp. 161-167
Author(s):  
Mykola Yefimov
Keyword(s):  
Police Officers ◽  
Scientific Article ◽  
Turn Of The Millennium ◽  
Structural Elements ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Investigation Process ◽  
Practical Recommendations

The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against morality. Peculiarities of forensic characteristics as an element of the methodology of investigation of this category of criminal offenses are considered. The author emphasizes that any method of investigating certain types of criminal offenses has a certain structure, an important element of which is the forensic characteristics. The concept of forensic characteristics as an element of methodology, quantity, content and significance of structural elements of this scientific category remain vague and contradictory. Moreover, at the turn of the millennium, the question of the expediency of the existence of forensic characteristics as a scientific category in general became acute. Therefore, it should be borne in mind that the value of forensic characteristics can be divided into practical and theoretical. For police officers who are directly involved in the investigation, the most important thing is the practical application of a tool that will help in the investigation process. It is noted that the method of investigation of certain types of criminal offenses is a system of sci-entific provisions, as well as methodological and practical recommendations developed on their basis for the investigation of certain types and groups of criminally punishable acts. It is emphasized that the structure of the studied scientific category is as follows: forensic charac-teristics of criminal offenses; analysis of primary information and initiation of criminal proceedings; cir-cumstances to be proved in criminal proceedings; typical investigative situations; features of conducting initial investigative (search) actions, covert investigative (search) actions and other measures; features of further investigative (search) actions, covert investigative (search) actions and other measures; features of the use of special knowledge during the investigation of a criminal offense; preventive activities of the investigator in relation to the causes and conditions that contributed to the commission of a criminal offense; features of the investigator's activity at the final stage of the investigation.

scholarly journals CRIMINAL PROVISION OF CRIMINAL PROCEEDINGS: LEVELS, DIRECTIONS AND FORMS OF IMPLEMENTATION

2020 ◽  
pp. 40-51
Author(s):  
Y. Chornous
Keyword(s):  
General Theory ◽  
Forensic Science ◽  
Relevant Information ◽  
Scientific Basis ◽  
Practical Aspect ◽  
Theory And Practice ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Offenses ◽  
Practical Recommendations

The scientific article describes the concept and essence of forensic support of criminal proceedings, defines the levels, directions and forms of its implementation. It is substantiated that forensic support is realized during the investigation and prevention of criminal offenses, as well as the judicial review of criminal proceedings (cases) using forensic means, methods, techniques according to certain levels, directions and forms. The levels of forensic support of criminal proceedings are distinguished, namely: local; regional; state; international. Considering the established system of forensics, according to which the development of theoretical foundations and practical recommendations of forensic support is based on the provisions of the general theory of forensic science, forensic techniques, tactics and methods, three main areas of forensic crime are defined: forensic. In this case, the general theory of forensic science is of methodological importance for the formation of their scientific foundations. According to the mentioned directions, the main forms of forensic support of criminal proceedings are distinguished: – in the direction of technical and forensic support: the use of technical means and methods of detecting, fixing, collecting, investigating the traces of crime, other forensically relevant information, including through the use of special knowledge, involving specialists in investigative (investigative) actions; fixing the course and results of investigative (investigative), court actions; maintaining criminal registration and forensic records systems; involvement of experts and carrying out of expertise; – in the direction of tactical and criminalistic support: improvement of existing and development of new tactical techniques and their complexes; formation of tactics of investigative (search) actions; – in the direction of methodological and forensic support: development of new methods of investigation of criminal offenses (according to the criminal law and forensic classification); formulating recommendations to increase the effectiveness of the method of investigation of certain types (groups) of criminal offenses. These levels, directions and forms of forensic support should be considered in the scientific and practical aspect, which consists in creating the scientific basis of the tools, methods and techniques used the formation of practical recommendations for their application. The unity of theory and practice ensures effective achievement of the set goals in the system of forensic support of criminal proceedings.

scholarly journals About some problems of development and use of algorithms of investigation of certain types of crimes

2021 ◽  
pp. 100-107
Author(s):  
V. I. Parshikov
Keyword(s):  
Narrow Sense ◽  
Initial Stage ◽  
Crime Investigation ◽  
Investigation Process

In the article, the author argues for the need to distinguish the algorithm of investigation of certain types of crimes as an independent type of forensic algorithm. It is criticized as unreasonably narrow understanding of it in the form of a set of investigative actions, operational search measures and the sequence of their implementation. It is emphasized that the investigation algorithm is a set of goals, tasks, prescriptions and recommendations on the methods of solving them, the composition and sequence of investigative actions. It is pointed out that it is necessary to understand the investigation algorithm in a broad and narrow sense. Based on the analysis of the goals and tasks solved at the initial stage of crime investigation, it is concluded that the algorithms in the form of a sequence of investigative actions are a simplified version of the above algorithms. They contribute to ensuring the investigation process as a whole, are extremely compact, simple, and accessible. However, due to their high generality and lack of algorithms for solving particular problems, their value for investigating a particular type of crime is limited. 

Crimes and Punishments according to Salic and Ripuarian Laws

2021 ◽  
Author(s):  
A.V. Makutchev ◽  
Keyword(s):  
Economic Development ◽  
Comparative Analysis ◽  
Middle Ages ◽  
Criminal Law ◽  
Customary Law ◽  
Criminal Offenses ◽  
Social And Economic Development ◽  
Class Status ◽  
Characteristic Features ◽  
Criminal Legislation

The article presents the results of the analysis of the Frankish criminal law main provisions in the Early Middle Ages, namely, the aspects of the application of punishments for the main types of crimes. This analysis was based on the norms of two sources: the Salic Law, which is deservedly considered to be one of the most important barbarian laws, and the Ripuarian Law, which is less studied in domestic historiography, which consolidated the customary law of the Ripuarian Franks. The aim of the study was a comparative analysis of the Salic and Ripuarian laws, aimed at identifying both common characteristics of criminal law for both documents, and features that reflect various aspects of the Salic and Ripuarian Franks social and economic development. In the course of the conducted research, the qualification of the main criminal offenses according to the Ripuarian and Salic Laws was determined, the characteristic features of the criminal legislation fixed by both sources were identified (class status, the predominance of material penalties, etc.). Based on the comparison of the norms of both Laws, the author also concludes that the historical value of the Ripuarian Law is higher than it is commonly believed: while repeating the norms of the Salic Law in some parts, neverthelessб it does not duplicate it, but complements and expands the characteristics of a legal institutions number.

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