scholarly journals SUBJECT OF CRIMINALISTICS’ TACTIC: FORMATION HISTORY, CONTENTS AND TRENDS

2019 ◽  
Vol 19 (1) ◽  
pp. 8-20
Author(s):  
V. Shepitko
Keyword(s):  
Structural Elements ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Structural Part ◽  
Psychological Science ◽  
Separate Branch ◽  
Formation History ◽  
History Of ◽  
The Subject ◽  
Psychological Knowledge

The history of the emergence of tactical beginnings in the investigation of the criminal for forensic purposes is considered and the further formation of the system of scientific knowledge in countering crime is tracked. A historical excursion to the emergence and development of criminal tactics and its role for other branches of forensic tactics has been undertaken. The formation of criminal tactics is conditioned using psychological knowledge in in the context of crime counteraction. In the genesis   of criminalistics tactics, the data of psychological science are traditionally attributed to its sources. Attention is paid to changing the subject of forensic tactics in modern conditions and the causes of such changes are determined. The content and structure of forensic tactics are conditioned by the need to provide the tactical means of various subjects (investigator, detective, prosecutor, investigative judge, parties to criminal proceedings, court, etc.). The activity approach to criminalistics tactics is proposed and the necessity of isolation of its branches (advocacy, judicial, investigative, searching) is substantiated. Forensic data should be used not only by the prosecution but also by the defense. Arguments are given regarding the need to develop the scientific provisions of advocacy tactics (defense tactics or tactics of professional defense in criminal cases) and to consider it as a separate branch of forensic tactics. The expediency of separating the responding counter-investigation tactics as a structural part of criminalistics tactics was also emphasized. The substantive side of criminalistics tactics is considered with the help of its structural elements (tactical techniques, tactical systems, tactical combinations, tactical operations, etc.). Changes in the legal field, the model of criminal proceedings, the “revision” of traditional criminal law institutions and the process have a significant impact on the content of criminalistics tactics.

Using Specialized Knowledge in Assessing the Reliability of Testimony in Criminal Proceedings: a Retrospective, Doctrinal and Practical Approach

2020 ◽  
Vol 2 (3) ◽  
pp. 165-196
Author(s):  
E. V. Noskova ◽  
◽  
J. A. Putintseva ◽  
Keyword(s):  
Law Enforcement ◽  
Theoretical Basis ◽  
Psychological Research ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
History Of ◽  
Judicial Proceedings ◽  
Special Knowledge ◽  
Psychological Knowledge

Introduction. The history of the formation and development of forensic examination as an independent type of criminal procedural activity is long and very ambiguous. The patterns of its occurrence and stages of development predetermine the importance of expertology for modern law enforcement practice. The emergence and active use of new branches of scientific knowledge determine their introduction and influence on criminal proceedings, which is clearly demonstrated by the example of psychology. Theoretical Basis. Methods. The theoretical basis of the work is the scientific developments of domestic and foreign researchers devoted to the study of the possibilities and problems of using special psychological knowledge in assessing the reliability of testimony obtained in the course of pre-trial and judicial proceedings in a criminal case. Research methods – systemic, historical, logical, comparative and hermeneutic. Results. Without psychological and pedagogical special knowledge, it is impossible to imagine modern proceedings in the vast majority of criminal cases involving minors. The article provides a retrospective analysis of the application of non-legal knowledge to reveal lies in the testimony of witnesses, systematizes the experience of modern Russian law enforcement investigative and judicial practice, examines the arguments given in scientific sources and court decisions on the use of special psychological knowledge to substantiate and assess the reliability of the testimony of participants in criminal proceedings.The work examines the current capabilities of psychology and their potential for proving in the course of criminal proceedings, cites the positions of scientists who previously studied the studied complex of material and procedural problems. Discussion and Conclusion. On the basis of the available empirical experience, the author’s conclusion is formulated about the advisability of practical use in the process of proving psychological research of a teacher-psychologist aimed at identifying psychological signs of the reliability and/or unreliability of information reported by participants in criminal proceedings, especially in the process of forming a sequence and in the course of proving, formulating investigative versions, as well as in order to substantiate the conclusions of the investigator and the court with the testimony of an expert, a specialist who conducted the corresponding study. In connection with the identified problems, the necessity of preparing explanations at the departmental level of the significance and procedure for using special psychological knowledge in criminal proceedings is substantiated.

E. S. Kuzmin as a historian and methodologist of social psychology (to the 100-th anniversary of his birth)

2021 ◽  
Vol 42 (5) ◽  
pp. 89-99
Author(s):  
A. L. Zhuravlev ◽  
◽  
L. Pochebut ◽  
V. A. Chiker ◽  
◽  
...  
Keyword(s):  
Social Psychology ◽  
Experimental Period ◽  
The United States ◽  
General Psychology ◽  
Industrial Enterprises ◽  
Psychological Science ◽  
Comprehensive Knowledge ◽  
History Of ◽  
The Subject ◽  
Psychological Knowledge

The historical, theoretical and methodological views of E.S. Kuzmin on the history of the formation of Russian social psychology from the middle of the 17th century.until the 70s of the XX century. Deep and comprehensive knowledge of E.S. Kuzmin of the history of philosophy and psychology contributed to the creation of a theoretical and methodological basis for social psychology. The scientist carried out purposeful work to integrate social psychology into the world of psychological science, streamline and synthesize the accumulated knowledge. It is shown how E.S. Kuzmin convincingly argues that human consciousness is formed not just in the process of work, but a system of interactions and relationships between people is necessary. The history of social psychology, which E.S. Kuzmin divided into three periods: 1) the accumulation of socio-psychological knowledge within the framework of philosophy and general psychology; 2) descriptive period; 3) experimental period. E.S. Kuzmin insisted that the formation of social psychology as an independent science begins in our country simultaneously with the same process in Germany and the United States. He considered the process of communication between people to be the subject of social psychology. The methodological foundations of social and psychological science were determined, and a monograph was published describing the methods of social psychology. The results of research of social psychologists, which were introduced into the practical work of domestic industrial enterprises, are highlighted.

Termination of Criminal Proceedings in Public Criminal Cases by Courts of First Instance Under Art. 24, Para. 1, Item 5 of the Bulgarian Code of Criminal Procedure and Its Compliance with European Union Law

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Debora Valkova-Terzieva ◽  
Keyword(s):  
European Union ◽  
Criminal Procedure ◽  
The European Union ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
European Union Law ◽  
Member States ◽  
The Subject

The subject of this research is a specific prerequisite for the termination of criminal proceedings in public criminal cases, regulated in Article 24, Paragraph 1, Item 5 of the Bulgarian Code of Criminal Procedure. This analysis was necessitated by the fact that the European Union had introduced certain obligations for the Member States.

4. The course of the trial

Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Trial Judge ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

scholarly journals Medical and Chemical Expertise in English Trials for Criminal Poisoning, 1750–1914

2006 ◽  
Vol 50 (3) ◽  
pp. 373-390 ◽  
Author(s):  
Katherine D Watson
Keyword(s):  
Nineteenth Century ◽  
Expert Testimony ◽  
Late Nineteenth Century ◽  
Legal Practice ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Medical Expertise ◽  
History Of ◽  
The Subject ◽  
Eighteenth And Nineteenth Centuries

This article contributes to the literature on the history of medico-legal practice by using a survey of 535 poisoning cases to examine the emergence of forensic toxicological expertise in nineteenth-century English criminal trials. In emphasizing chemical expertise, it seeks both to expand upon a limited literature on the history of the subject, and to offer a contrast to studies of criminal poisoning that have tended to focus primarily on medical expertise. Poisoning itself is a topic of abiding interest to historians of forensic medicine and science because (together with insanity) it long tended to attract the greatest attention (and often confrontation) in criminal proceedings. In looking at a wide number of cases, however, it becomes apparent that few aroused true medico-legal controversy. Rather, the evidence from several hundred cases tried as felonies during the eighteenth and nineteenth centuries indicates that prior to the 1830s few presented any opportunity for “a battle of experts”. While Ian Burney and Tal Golan have shown that this was certainly not the case during the mid and late nineteenth century, this paper goes further by dividing the period under study into three distinct phases in order to show how expert testimony (and experts themselves) changed during the course of the century, and why this process opened a door to the potential for formalized controversy.

INTERNATIONAL AND CONSTITUTIONAL FRAMEWORK FOR CRIMINAL CASE PROCEEDINGS AGAINST MINORS

2019 ◽  
pp. 99-106
Author(s):  
Igor Igorevich Kartashov
Keyword(s):  
Juvenile Justice ◽  
International Law ◽  
General Procedure ◽  
The Self ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime of minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the orbit of criminal proceedings. In this study we consider some aspects of the implementation of fair minor’s justice standards in the Russian criminal procedure legislation. Also we analyze the provisions of key regulations in the field of juvenile justice, the practice of their application, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis we highlight the features of the proceedings in the category of criminal cases: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases among minor, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

Forced to sexual activities: legal positions of Supreme Court of the Russian Federation and Republic of Kazakhstan

2019 ◽  
pp. 175-189
Author(s):  
Ardak Alimkhanovna Biyebayeva ◽  
Aigul Mailybayevna Kalguzhinova ◽  
Vera Anatolievna Chunyaeva
Keyword(s):  
Juvenile Justice ◽  
General Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Sexual Activities ◽  
The Subject ◽  
The Russian Federation

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime against minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the criminal proceedings orbit. We consider some aspects of the fair juvenile justice standards implementation in the Russian criminal procedure legislation. We analyze the provisions of the key normative acts in the field of juvenile justice, their application practice, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis, we highlight the proceedings features in the criminal cases category: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases in juvenile, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

scholarly journals On Classification of the Powers of an Investigating Judge in Criminal Proceedings of the Kyrgyz Republic

2020 ◽  
Vol 6 (11) ◽  
pp. 350-355
Author(s):  
A. Kalygulova
Keyword(s):  
Criminal Procedure ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Control ◽  
Relevant Object ◽  
Procedure Code ◽  
The Subject

The article is devoted to the issue of classification of the powers of an investigating judge in criminal proceedings of the Kyrgyz Republic. The relevance and novelty of the study is caused by the introduction of a new procedural figure of the investigating judge, who exercises judicial control in pre-trial proceedings. The powers conferred by the Criminal Procedure Code of the Kyrgyz Republic to an investigating judge are varied in content. In this regard, the issue of the classification of the powers of an investigating judge is relevant. Object of research: the procedural figure of the investigating judge. The subject of the research: the powers of the investigating judge and their division by classification. Thus, the powers of an investigating judge, provided for in Article 31 of the Criminal Procedure Code of the Kyrgyz Republic, cover not only the issues of the existence of grounds for the application and extension of measures to ensure criminal proceedings, authorization of investigative and special investigative actions, as well as the resolution of issues arising between the participants in pre-trial proceedings, including those affecting the scope of proof in criminal cases. A proposal has been made to classify the powers of an investigating judge in criminal proceedings in the Kyrgyz Republic.

scholarly journals THEORETICAL ASPECTS OF FORENSIS-PSYCHOLOGICAL EXAMINATION OF TYPOLOGICAL FEATURES OF PERSONALITY

2019 ◽  
Vol 20 (2) ◽  
pp. 505-521
Author(s):  
O. Slipets
Keyword(s):  
Psychological Study ◽  
Psychological Examination ◽  
History Of ◽  
The Subject ◽  
Basic Concepts ◽  
The Creation ◽  
Psychological Knowledge ◽  
Definition Of ◽  
Administrative Proceedings

Over more than a hundred years of history of the application of psychological knowledge to resolve issues of law remains a controversial series of theoretical provisions of forensic psychological examination. This is also true for the psychological examination of individual psychological (typological) features of the person. The purpose of the article is to formulate theoretical provisions of forensic psychological examination of typological features of a person, main concepts. Based on the definition of the object and subject of forensic psychological examination, the concept of object and subject of psychological examination of typological features of a person is formulated. On the basis of an analysis of the legal significance of the psychological study of a person of a suspect (accused) in criminal and administrative proceedings, the legal significance and tasks of forensic psychological examination of typological peculiarities are formulated. Proceeding from the subject of psychology, the legal significance of psychological facts for establishing legal criteria, the standardized requirements for qualification and the behavior of an expert, it is proposed to clarify the limits of competence of an expert psychologist. A means of applying the notion-limiter to general psychological categories, the definition of the basic concepts of forensic psychological examination typological features of the person. The theoretical provisions of the forensic psychological examination of psychological peculiarities of a person are formulated: object, subject, legal significance, tasks, limits of competence, thesaurus, is an element of the system of theoretical and methodical foundations of forensic psychological examination and the basis for the creation of a method of forensic psychological examination of typological features of a person .

scholarly journals John James Meikle and the Problem of the Wrongly Convicted: An Enquiry into the History of Criminal Appeals in New Zealand

2010 ◽  
Vol 41 (3) ◽  
pp. 519 ◽  
Author(s):  
Jeremy Finn
Keyword(s):  
New Zealand ◽  
Royal Commission ◽  
Criminal Cases ◽  
Reform Legislation ◽  
Period 1880 ◽  
History Of ◽  
The Subject ◽  
The Law

This article investigates the development of the law governing of appeals in criminal cases in New Zealand, and the substantial though neglected history of agitation for recourse for the wrongly convicted. It uses as a lens the story of John James Meikle, a farmer convicted of sheep stealing in 1887, who later successfully prosecuted the principal prosecution witness for perjury, successfully petitioned Parliament for compensation, was the subject of a Royal Commission into his conviction and, uniquely, was declared innocent by an Act of Parliament in 1908. Meikle's case was one of several highly publicised cases in the period 1880-1910 which demonstrated serious shortcomings in the law and led to parliamentary and public calls for reform. By 1910, calls for enactment of legislation on the lines of the Court of Criminal Appeal (established 1907) received wide supporting in parliament and from the judiciary. The article concludes by looking at the reasons why, despite this level of consensus, reform legislation was delayed until 1945. 

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