Some Aspects of Preliminary Investigation on Criminal Cases with Respect to Bribery Intermediaries

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.

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

Applied psychology and pedagogy ◽

10.12737/2500-0543-2022-7-1-116-128 ◽

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.

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

Current Issues of the State and Law ◽

10.20310/2587-9340-2021-5-20-704-715 ◽

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.

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

SHS Web of Conferences ◽

10.1051/shsconf/20185001240 ◽

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.

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Organization of pre-trial proceedings in criminal cases in Russia and abroad as a factor in ensuring access to justice

Courier of the Kutafin Moscow State Law University ◽

10.17803/2311-5998.2020.74.10.167-179 ◽

2020 ◽

pp. 167-179

Author(s):

T. Yu. Vilkova

Keyword(s):

Preliminary Investigation ◽

Cognitive Activity ◽

Government Agencies ◽

Access To Justice ◽

Online Service ◽

Criminal Cases ◽

Foreign Countries ◽

The Russian Federation ◽

The Moment ◽

The Right

The article shows the main models of building pre-trial proceedings in the Russian Federation and foreign countries, analyzes the provision of access to justice in each of the models. A number of measures have been proposed to build pre-trial proceedings in criminal cases that effectively ensure access to justice, including abandoning the stage of initiating a criminal case and keeping a countdown of the preliminary investigation from the moment of registration of a crime report, conducting pre-trial cognitive activity (investigation) under the guidance of a prosecutor, and bringing charges by the prosecutor.based on the results of the investigation, granting participants who are not vested with authority the right to apply to the court to deposit evidence and to assist the court in protecting their interests in connection with the refusal of the preliminary investigation body to satisfy motions related to the process of proving, the introduction of effective simplified and accelerated procedures in pre-trial proceedings, the establishment of digital interaction between government agencies and the population through a single secure digital online platform; creation of a mechanism for filing reports of crime through a special online service integrated into the specified digital platform.

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Criminalistics is not the science of prosecution or defense, but aimed at judicial resolution of criminal cases

Courier of the Kutafin Moscow State Law University ◽

10.17803/2311-5998.2021.78.2.116-123 ◽

2021 ◽

pp. 116-123

Author(s):

A. N. Khalikov

Keyword(s):

Law Enforcement ◽

Forensic Science ◽

Criminal Responsibility ◽

General Trend ◽

Preliminary Investigation ◽

Criminal Cases ◽

Law Enforcement Agencies ◽

Forensic Research ◽

The Subject ◽

Judicial Errors

The article considers the purpose of criminalistics as an objective science. The author briefly analyzes the definitions of the subject of criminology proposed by scientists in different years. At the same time, the General trend becomes obvious — the monopolization of criminology by law enforcement agencies. With reference to the position of the Patriarch of Russian criminalistics R. S. Belkin, the author expresses his opinion that criminalistics cannot and should not serve only state law enforcement agencies. The results of forensic research can be successfully used in criminal cases by the defense party-lawyers and other representatives of suspects and accused. The article provides examples when abuses by the preliminary investigation bodies with reference to the use of criminalistics provisions led to judicial errors and bringing innocent persons to criminal responsibility. Only in court, when using the evidence presented by the parties to the defense and prosecution, obtained, including through the use of recommendations of forensic science, a criminal case can be fairly resolved.

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Certain procedural means of studying the identity of the wanted suspect (accused) in the Information and communication environment

Политика и Общество ◽

10.7256/2454-0684.2021.3.37090 ◽

2021 ◽

pp. 1-11

Author(s):

Ol'ga Vladimirovna Anuchina ◽

Andrei Anuchin

Keyword(s):

Social Networks ◽

Law Enforcement ◽

Preliminary Investigation ◽

Criminal Cases ◽

Internet Applications ◽

Communication Environment ◽

Communication Space ◽

Information And Communication ◽

Main Instrument ◽

High Technologies

This article examines the procedural means of studying the identity of the wanted suspect (accused) in the conditions of proliferation of high technologies. The object of this research is criminal procedure legal relations, within the framework of which the investigating officers examines the identity of the suspect (accused) for tracing their location. The relevance of the selected topic is substantiated by the practical need of law enforcement authorities to reduce the number of criminal cases shelved due to tracking down the suspect. The goal of this work lies in assessment of the procedural means from the perspective of their possible application in investigation of the information and communication space. Special attention of given to the main instrument of preliminary investigation agencies – investigative measures. It is determined that the preliminary investigation agencies are limited in the use of information and communication space for criminal tracking. The novelty lies in the attempt to view the procedural means of studying information systems from the perspective of government and private databases, iCloud, dating site, social networks, instant messengers, Internet applications, etc. However, their use requires new procedural forms. The development of such forms would improve the effectiveness of the activity of preliminary investigation agencies in tracking down the suspects (accused).

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Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process

Juridical Science and Practice ◽

10.25205/2542-0410-2019-15-4-55-60 ◽

2020 ◽

Vol 15 (4) ◽

pp. 55-60

Author(s):

A. Yu. Cherdantsev

Keyword(s):

Russian Federation ◽

Preliminary Investigation ◽

Legal Regulation ◽

Current Status ◽

Digital Evidence ◽

Criminal Proceedings ◽

Criminal Cases ◽

Significant Information ◽

Current State ◽

The Russian Federation

The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.

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INVESTIGATIVE SITUATIONS OF INTERROGATION OF A VIOLENT CRIMINAL DEFENDANT

Russian-Asian Legal Journal ◽

10.14258/ralj(2021)4.2 ◽

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.

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Investigator’s covert-nature procedural activities

SHS Web of Conferences ◽

10.1051/shsconf/202110804011 ◽

2021 ◽

Vol 108 ◽

pp. 04011

Author(s):

Marina Sergeevna Kolosovich ◽

Lyudmila Vladimirovna Popova ◽

Anna Fedorovna Zotova ◽

Maria Mikhailovna Bondar ◽

Olga Sergeevna Shamshina

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Legal System ◽

Preliminary Investigation ◽

Criminal Procedure ◽

Legal Analysis ◽

Federal Law ◽

Criminal Cases ◽

Criminal Intelligence ◽

The Russian Federation

Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.

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