The Role of Criminalistic Classification and Defendants’ Typification in the Formation of Forensic Recommendations for Prosecuting in Court

Lex Russica ◽  
2020 ◽  
pp. 69-83
Author(s):  
S. L. Kislenko
Keyword(s):  
Decisive Role ◽  
Criminal Activity ◽  
Point Of View ◽  
Practical Significance ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
First Case ◽  
Court Proceedings

Systemic characteristics of the doctrine dealing with the person committing a crime predetermine the complexity of the use of information about him or her in the process of criminal prosecution. Systemic information on the behavioral aspects of the person in the process of genesis of criminal and post-criminal activity, as well as its procedural status, will be of great importance in the work of law enforcement agencies as a systematic structure. Criminalistically significant aspects of criminal activity (and behavior) as a systemic holistic structure should be discussed when the decisive role of personal features is determined not only in the mechanism of the criminal act, but also beyond it. The activity of the person that takes place both before the criminal prosecution (criminal aspect) and during the proceedings (post-criminal aspect) should be investigated. Therefore, the identity of the defendant should be considered in the context of such categories as the identity of an offender and the identity of an accused (a suspect). The typification of defendants is necessary In order to improve the effectiveness of the prosecution of offenders in court proceedings. The classification approach allows us to develop targeted recommendations (methods, tactical complexes) to maintain the prosecution. Obtaining and using information about the identity of the defendant implies the need for the public prosecutor to interact with other authorities involved in prosecution process. The author comes to the conclusion that the study of personal and behavioral characteristics of the defendant has important theoretical and practical significance. In the first case, the generalization of such knowledge contributes to the development of criminalistic theory in general and its certain sections in particular. From a practical point of view, accumulation of such knowledge contributes to the formation of targeted criminalistic recommendations used to improve the effectiveness of criminal prosecution of persons who committed crimes within the framework of criminal proceedings.

scholarly journals The Role of the Prosecutor in the Prevention and Elimination of Investigative Errors: Russian and German Experience

2018 ◽  
Vol 12 (3) ◽  
pp. 424-430 ◽  
Author(s):  
Holm Putzke ◽  
Aleksey Tarbagaev ◽  
Аleksandr Nazarov ◽  
Ludmila Maiorova
Keyword(s):  
Criminal Court ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Police Investigation ◽  
Leading Role ◽  
Procedure Code ◽  
Protection Of Human Rights ◽  
Court Proceedings

The paper is devoted to the prevention, identification and correction of mistakes during the preliminary criminal investigation because establishing the offence and all the circumstances that constitute evidence forms the basis for a just verdict, helps prevent crimes against justice and reach other goals of punishment. The authors present the conceptual and normative background for the model of permanent prosecutors supervision as the dominant control and supervision activity in the pre-trial criminal proceedings that allows to effectively implement the strategies of criminal prosecution and protection of human rights. This model establishes the authority of the prosecutor for the procedural management of the criminal prosecution in the criminal process as a significant supervision authority. The tasks of identifying, correcting and preventing (not making) mistakes in pre-trial investigations are equally urgent in Russia and in Germany. Although the Criminal Procedure Code of Germany gives the prosecutors office the leading role in the investigation, in practice the investigation is more often carried out by the police while the role of the prosecutor is reduced to summarizing the results of the police investigation and making the final decisions. At the same time, the prosecutors office has considerable powers of discretion regarding the initiation or non-initiation of criminal prosecution, the prosecutor uses his/her own discretion to determine the procedure and method of investigation. It is important to examine some aspects of the prosecutors role in German criminal court proceedings within the framework of correcting investigation mistakes in Russian criminal process. The model of prosecutors supervision presented in the paper does not preclude the legislative provisions for the transfer of some authority of the court to the prosecutor at the pre-trial stages of the criminal process. This model of prosecutors supervision allows timely and effective identification, correction and prevention of investigation mistakes at the pre-trial stages of criminal court proceedings.

The Procedural Laboratory for Studying the Historical Types of Criminal Proceedings

2021 ◽  
Vol 8 (2) ◽  
pp. 71-78
Author(s):  
Anna V. Lamteva
Keyword(s):  
Vertical Direction ◽  
Criminal Procedure ◽  
Point Of View ◽  
Ancient Rome ◽  
Criminal Proceedings ◽  
Democratic State ◽  
Court Proceedings ◽  
The Times ◽  
The Right

The article is devoted to the study of historical types of criminal proceedings in a vertical direction. The foremost archetypes of criminal procedure, which laid the technological and methodological foundations for formation of the investigative, adversarial, and mixed types of criminal proceedings, were analyzed. Arguments are given in favor of the fact that the initial reference point for criminal proceedings is the accusatory-adversarial type. The appropriate legal examples from the legislation of Athens and Ancient Rome are referenced in the article. An attempt is made to prove three hypotheses about the modern types of criminal procedure, the sequential system about the models of criminal procedure. Consideration is given to the archetype. The debatable issue regarding the active and passive positions of judges in the resolution of criminal cases on their merits was considered. The author's position in favor of the role of a judge as a non-initiative arbitrator between the parties was appropriate and justified only in the times of the rise of Athens and Ancient Rome. The judicial compositions of each case consisted of several hundred judges, which made it possible to make the right decision. The judges themselves were from the people. In particular, this is why, before our era, there were no dubious statistics in court proceedings from the point of view of the adversarial principle. It further explains why there were both convictions and acquittals in sufficient numbers for a democratic state. The modern procedural role of a judge is often reduced to the personal neutral, but at the same time active investigation of the evidence is presented by the parties. Much attention is given to the modern type of criminal process, which is called mixed. This content is considered in two ways as a symbiosis of investigative and adversarial types and also as a procedural duet of accusatory-adversarial and techno-centric models.

THE POSITION OF THE PUBLIC PROSECUTOR IN ADMINISTRATIVE PROCEEDINGS – LEGAL ANALYSIS

2021 ◽  
Vol 1 (XXI) ◽  
pp. 97-114
Author(s):  
Michał Sędziński
Keyword(s):  
Rule Of Law ◽  
Public Prosecutor ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
The Public ◽  
Administrative Procedure ◽  
Court Proceedings ◽  
Administrative Proceedings

The aim of this article is to comprehensively analyse the legal position of the public prosecutor in administrative proceedings and administrative court proceedings. This subject is interesting because the public prosecutor is usually associated with criminal proceedings and his capacity as the public accuser. However, the public prosecutor plays a special role in administrative proceedings, i.e. participates in them as an entity with the rights of a party, even though he has no legal interest in it. It is also worth noting that the powers of the public prosecutor are clearly more extensive than those of other entities with the rights of a party. This article is an attempt to determine the role of the public prosecutor in administrative proceedings and decide whether he is the accuser or rather the representative of the public interest. The position of the public prosecutor in proceedings before administrative courts is special as well. This issue needs to be discussed in detail, which was taken into account in the second part of the article. The position of the public prosecutor as the advocate of the rule of law is regulated by the Act on the Public Prosecutor’s Office. The analysis of these provisions in conjunction with Chapter 4 of the Code of Administrative Procedure leads to a conclusion that the public prosecutor who acts in administrative proceedings as an entity with the rights of a party has powers vested in him alone and watches over such proceedings, thereby fulfilling the duties of an advocate of the rule of law. To fully show the special position of the public prosecutor, it is necessary to enumerate his powers in administrative proceedings and compare them with the competences of “ordinary” entities with the rights of a party.

4 Criminal Prosecutions by Regulators—Procedural Considerations

2020 ◽  
Author(s):  
Russen Jonathan ◽  
Kingham Robin
Keyword(s):  
Financial Services ◽  
Criminal Proceedings ◽  
Services Sector ◽  
Financial Services Sector ◽  
Discrete Area ◽  
Evidence Collection ◽  
Court Proceedings

This chapter examines the role of the FCA and the PRA as prosecuting authorities and their right to bring criminal proceedings in pursuit of their regulatory objectives as enshrined in the Financial Services and Markets Act 2000 (FSMA). The FCA and the PRA are not the only agencies responsible for the prosecution of criminal offences in the financial services sector; the jurisdiction of the Serious Fraud Office (SFO) in particular often overlaps with that of the FCA and the two agencies can work in tandem. Meanwhile, although a discrete area of criminal practice, the regulators’ powers to administer a caution to an offender should not be overlooked—particularly in the context of ongoing investigations. Acceptance of a caution can provide an offender with a way of avoiding conviction and sanction whilst offering the prosecutor an ‘easy win’ without the need for costly court proceedings. The chapter then considers key procedural issues as well as the importance of evidence collection and deployment in financial services prosecutions.

William James and the Role of Psychology in Philosophy

2020 ◽  
Author(s):  
Saulo de Freitas Araujo ◽  
Lisa M. Osbeck
Keyword(s):  
William James ◽  
A Priori ◽  
Decisive Role ◽  
Human Mind ◽  
Human Beings ◽  
Radical Empiricism ◽  
First Case ◽  
Active Nature ◽  
Cross Fertilization

James’s work is admittedly cross-disciplinary to the extent that it defies traditional scholarly boundaries. One of the best examples is the cross-fertilization between his philosophical and psychological ideas, although the precise relation between them is not easy to frame. Notwithstanding this difficulty, one can say that James’s early psychology, developed between the 1870s and 1880s, illuminates many aspects of his later philosophical positions, including pragmatism, radical empiricism, and pluralism. First, James defends the teleological nature of mind, which is driven by subjective interests and goals that cannot be explained by the immediate interchange with the external environment. They are spontaneous variations that constitute the a priori, properly active nature of the human mind. This idea helps him not only explain important features of scientific and philosophical theories, but also reject certain philosophical doctrines such as materialism, determinism, agnosticism, and so on. It represents, so to speak, the relevance of the subjective method for deciding moral and metaphysical issues. Second, James claims that certain temperaments underlie the choice of philosophical systems. Thus, both pragmatism and pluralism can be seen as philosophical expressions of subjective influences. In the first case, pragmatism expresses a temperament that combines and harmonizes the tender-minded and the tough-minded. In the second, pluralism reflects the sympathetic temperament in contrast with the cynical character drawn to materialism. Finally, James proposes a distinction between the substantive and the transitive parts of consciousness, meaning that consciousness has clearly distinguishable aspects as well as more obscure points, although human beings tend to focus only on the first part, ignoring the other. This idea plays a decisive role in the elaboration of radical empiricism. Such illustrations, far from exhausting the relations between James’s psychology and philosophy, invite new insights and further scholarship.

scholarly journals DEVELOPMENT DIRECTIONS OF THE SPECIAL JUDICIAL PROCEDURE

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 134-139
Author(s):  
Илья Степанович ДИКАРЕВ
Keyword(s):  
Decision Making ◽  
Criminal Case ◽  
Legal Interpretation ◽  
Criminal Proceedings ◽  
Dialectical Method ◽  
Methodological Basis ◽  
Court Proceedings ◽  
Judicial Procedure ◽  
Written Materials

The complicated application of the special judicial procedure significantly reduces the procedural savings achieved in criminal proceedings. In this regard, the question arises of compliance with modern realities of the complicated procedure for decision-making on the application of the considered form of court proceedings. Purpose: to develop proposals for improving the criminal procedure legislation in order to make it possible to simplify the application of the special judicial procedure. Methods: the author uses the methods of analysis, synthesis, legal interpretation as well as systemic and logo-legal methods; the methodological basis of the research is a dialectical method. Results: it is reasonable to conclude that the change in the role of the court in proving when applying the special judicial procedure, expressed in imposing on it the obligation independently, on the basis of written materials of the case and some judicial investigative actions, to establish the factual circumstances of the criminal case, will simplify the procedure for applying the considered procedural form by refusing to agree with the representatives of the prosecution.   

scholarly journals PECULIARITIES OF INTERROGATION IN THE INVESTIGATION OF CRIMINAL OFFENSES IN THE FIELD OF REAL ESTATE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 207-214
Author(s):  
О. В. Коршун
Keyword(s):  
Real Estate ◽  
Objective Assessment ◽  
Criminal Activity ◽  
Criminal Proceedings ◽  
Current Trends ◽  
Criminal Offenses ◽  
Number Of Factors ◽  
Scientific World ◽  
Depth Study

The article considers the concepts, procedural and tactical features of interrogation of different categories of persons during the investigation of criminal offenses in the field of real estate. It is emphasized that interrogation is the most common investigative (search) action in absolute percentage with other procedural actions. During its holding it is possible to establish information about the event of the crime, its circumstances, participants, the role of each, etc. The information received from the subjects of criminal proceedings may cover a significant number of factors that will allow an objective assessment of the situation and used in the evidentiary process, in order to bring the perpetrators to justice. It is established that the issues of interrogation are constantly in the center of close attention of scientists, which is due to the constant improvement of ways of committing crimes and changing the mechanism of criminal activity in general. Practice is forced to respond to various innovations, and representatives of the scientific world are constantly trying to find new ways to solve problems related to the effective conduct of investigative (search) actions. This presupposes the adoption of effective measures in line with current trends and changes in forms of criminal activity, including in the field of employment. It is emphasized that due to the specifics of criminal offenses in the field of real estate, the question of the need for in-depth study of organizational, tactical and procedural aspects of the interrogation of various persons in proceedings of this category is urgent. It is emphasized that the peculiarities of establishing psychological contact and tactics of direct interrogation differ significantly, depending on the procedural status of the interrogated person. If the victim or witness is mostly in contact and prone to communication, a large arsenal of tactics should be used against the suspects, including: presenting evidence; announcement of testimony of other persons; the use of contradictions in the testimony of the same person; creating the impression of awareness of the investigator; suddenness factor, etc. The organizational and tactical features of interrogations in proceedings of this category are determined, the circumstances to be established are outlined and the list of issues that determine the specifics of criminal offenses in the field of real estate is given.

scholarly journals The Role of the Prosecutor in Coordinating the Activities of the Bodies of Inquiry and Preliminary Investigation in the Implementation of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 12-20
Author(s):  
Nina Manova
Keyword(s):  
Preliminary Investigation ◽  
Practical Experience ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Real Model ◽  
Essential Components ◽  
General Scientific

Introduction: one of the most influential actors in the system of law enforcement agencies of any state, in any system of criminal proceedings, is the prosecutor; in this connection, the purpose of the work was to study his role in coordinating the activities of the bodies of inquiry and preliminary investigation in the implementation of criminal prosecution. Methods: the methodological framework for the work consists of the general scientific (dialectical, systemic, structural-functional, logical, etc.) and the specific scientific (formal-legal, comparative-legal, etc.) research methods. Results: the author’s position presented in the paper is based on the analysis of the legislative regulation, the knowledge accumulated in the theory of the criminal procedure and practical experience of the coordination and personal implementation of the criminal prosecution activities by the prosecutor in the pretrial stages of the criminal process. Conclusions: as a result of the study, the role of the prosecutor as the organizer and head of the criminal prosecution carried out by the inquirer and the investigator is justified; the mistakes made in reforming the procedural position of the prosecutor in pre-trial proceedings are revealed; the essential components in the real model of the prosecutor’s activity that were not taken into account by the legislator are identified: the nature of the prosecutor’s relationships with other participants in the process and his key role in the implementation of criminal prosecution (his responsibility for the legality of the pre-trial criminal prosecution, and the duty to maintain the public prosecution in court).

Striking a bicyclist – importance of selecting and properly securing microtraces – examples

2016 ◽  
Vol 293 ◽  
pp. 100-108
Author(s):  
Rafał Kowalski ◽  
◽  
Beata M. Trzcińska ◽  
Keyword(s):  
Reference Material ◽  
Direct Contact ◽  
Point Of View ◽  
First Case ◽  
Analytical Point

From an analytical point of view, evidence secured at the scene of the event must be adequate and comprehensive. Otherwise (also in the absence of an appropriate reference material), it may not be possible to perform all relevant analyses or the conclusions drawn may not concern the event in question (inadequate evidence secured). The above mentioned situations were illustrated with two casework examples experienced by the Institute concerning striking a pedestrian/bicyclist. Only paint traces were submitted for analysis and it took a considerable amount of time to single out the vehicles, whose drivers were potential perpetrators. As regards the first case, the originally submitted material proved inadequate and required supplementing in order to be able to prove direct contact between a vehicle and a bicyclist. In the second case, the evidence secured was not sufficient to determine the origin of one of traces. The significance of both cases lies in the fact that they emphasize an important role of securing evidence and show the possibility of cross-transfer of particles, both between objects (vehicle, bicycle, bicyclist) and within the same object (e.g. vehicle).

Institute of bringing as an accused: on the “deprocessualization” and “dematerialization” of its essence and content in the criminal proceedings of Russia

2020 ◽  
Vol 7 (1) ◽  
pp. 98-105
Author(s):  
Nikolay N. Kovtun
Keyword(s):  
Criminal Responsibility ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Optimal Mechanism ◽  
Procedural Law ◽  
Legal Fiction ◽  
Legal Nature ◽  
Criminal Procedure Law

This work critically assesses the legal nature and practice of the institution of bringing as a defendant in criminal proceedings in Russia, particularly in its relation to the substantive legal act of bringing to criminal responsibility. The author argues that, due to the general bureaucratization of the process, both the first and second acts have actually lost their original purpose to be the determining material and procedural guarantee of individual and justice in criminal proceedings. Objectifying as a legal fiction, the act of bringing the accused as an accused in the doctrine of Russian criminal procedure law, done directly in practice, is increasingly characterized as an accusation of duty, initial, intermediate, and final, which respectively form the ideas of duty, intermediate, initial, and investigative-final criminal prosecution. This negates the role of the named defining acts. Hence, the paper suggests an optimal mechanism for their implementation according to the purposes and tasks of substantive and procedural law

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