LEGAL AND ORGANIZATIONAL PROBLEMS FORENSIC-EXPERT ACTIVITY AT THE STAGE INITIATION OF CRIMINAL CASE

Author(s):  
B.Ya. Gavrilov
2016 ◽  
Vol 15 ◽  
pp. 395-404
Author(s):  
A.I. Lozovoj ◽  
L. N. Derecha ◽  
V. V. Myasoedov ◽  
V. A. Olkhovskiу

At present there is an urgent need for developing and improving normative and legal documents regulating the activity of forensic expert institutions of different departments while conducting comprehensive examinations. The needs of expert practice continuously require more thorough development for the order of conducting interdepartmental comprehensive examinations, specification and official explanation of issues connected with the ways of coordinating experts ’ activity, the order of their interaction at various stages of the expert study, forms of the expert panels’ operation, etc. The article considers peculiarities of the activity offorensic expert institutions’ within the Ministry of Justice and the Ministry of Health Care of Ukraine, methodological issues of conducting a comprehensive forensic medical, forensic criminalistic and forensic motortechnical (vehicular and traceological) examinations, the ways of optimizing the interdepartmental interaction while conducting forensic expert activity of these forensic expert institutions, legal and organizational problems of regulating their forensic expert activity. The article emphasizes the need to improve this activity by improving the legal support and efficiency of the existing system for the organization of forensic expert activity of forensic expert institutions within the the Ministry of Justice and the Ministry of Health Care of Ukraine.


2020 ◽  
Vol 4 (91) ◽  
pp. 94-99
Author(s):  
K.V. Muravyev ◽  
◽  
A.B. Sokolov ◽  
D.S. Merlakov ◽  
◽  
...  

The issues of legal regulation of the seizure of pledged or deposited in a pawnshop things, as well as related activities aimed at preventing the commission of new crimes are considered. Conditions are established under which objects located in a specialized commercial organization are not pledged or deposited. The conclusion is made about the legal regime for the protection of information contained in the loan agreement. The procedure for withdrawing a pledge ticket at a pawnshop is defined. The analysis of the criminal procedure law, the positions of scholars and judicial practice regarding the possibility of seizing a pawnshop before initiating a criminal case, as well as the need for a court decision to conduct a search in the specified organization is given. It is concluded that the production of a seizure in a pawnshop before a criminal case is unacceptable; regardless of the type of investigative action involving the seizure of a thing pledged or deposited in a pawnshop, a court order is required. Cases are indicated when an alternative to a seizure can be a search at a pawnshop. Recommendations are offered on improving the procedure for seizing pledged or deposited items in a pawnshop. Recommendations have been prepared aimed at minimizing the possibility of making mistakes regarding each of the identified typical organizational problems of the production of a seizure (search) in a pawnshop. The optimal content of information in the petition of the investigator before the court on the seizure of the pledged or deposited in the pawnshop thing is determined. Recommendations on the adoption of effective measures aimed at eliminating the causes and conditions conducive to the commission of crimes in the implementation of activities by a pawnshop.


2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation


2013 ◽  
Vol 3 (3) ◽  
pp. 281-288
Author(s):  
Judy Melinek
Keyword(s):  

Author(s):  
Iván Cisternas Villacura

  RESUMEN El presente artículo es una reflexión sobre la práctica del trabajo social en el rol de perito social forense dentro del sistema de administración de justicia, donde su labor se funda en mediar entre la realidad del periciado –sujeto del que se debe dar cuenta en una investigación judicial– y quien requiere de los antecedentes necesarios para que el “Juez” dicte sentencia, lo que habitualmente genera un “conflicto de interpretaciones”. En tal sentido, es relevante discutir las dificultades que deben enfrentar las y los trabajadores sociales, en cuanto a la comprensión de una realidad cada vez más compleja, y al conflicto que se genera entre las interpretaciones de los mundos de vida de las personas y los requerimientos del sistema judicial chileno. Palabras clave: Pericia judicial social forense - Trabajo Social Pericial - Conflicto de interpretaciones. A compreensão dos conflitos de interpretação na prática do perito social forense RESUMO O presente artigo é uma reflexão sobe a prática do trabalho social no rol de perito social forense dentro do sistema de administração de justiça; onde seu labor funda-se em mediar entre a realidade do periciado – pessoa de quem se deve dar conta numa investigação judicial – e quem precisa dos antecedentes necessários para que o “Juiz” determine sentencia o que habitualmente, gera um “conflito de interpretações”. Neste sentido, é relevante discutir as dificuldades que devem enfrentar as e os trabalhadores sociais, em quanto á compreensão de uma realidade cada vez mais complexa, e ao conflito que se gera entre as interpretações dos mundos de vida das pessoas e aos requerimentos do sistema judicial chileno. Palavras chave: Pericia judicial social forense - Trabalho Socia Pericial - Conflito das interpretações. Understanding the conflicts of interpretation in the social forensic expert practice ABSTRACT This article is a reflection on social work practice in the social role forensic expert plays in the legal system, where their job is based on mediating between ‘periciado’ – individual who is being charged during a trial at the court and requires the necessary case background for the ‘Judge’ to deliver judgment, which usually generates a “conflict of interpretations”. In this view, it is relevant to discuss the difficulties faced by social workers, in terms of understanding an increasingly complex reality, and the conflict that emerges among the interpretations of the life of people and Chilean legal system requirements. Keywords: Forensic Social Legal Expertise - Forensic Social Work – Conflict of interpretations


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