INNOVATIVE APPROACHES TO PERPETUATION OF MONEY AS MATERIAL EVIDENCE IN CRIMINAL PROCEEDINGS

2017 ◽  
Vol 17 ◽  
pp. 55-69
Author(s):  
V. V. Bilous ◽  
O. P . Bilous
Keyword(s):  
High Speed ◽  
Data Exchange ◽  
Video Recording ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
National Bank ◽  
Software And Hardware ◽  
Machine Readable ◽  
Material Evidence

The paper is devoted to the actual problems of innovative technologies introduction into the activity on crimes investigation. Based on the analysis of the state ofperpetuation by the bodies ofpre-trial investigation of money, acquired by criminally wrongful way or obtained by a legal entity as a result of a criminal offense commission, the authors distinguished typical violations of procedural orders and criminalistical recommendations in dealing with monetary notes as material evidence during the conduct of investigative (search) actions. With the purpose of equipping the bodies of pre-trial investigation with modern scientific and technical means of field criminalistics, there was proposed the concept of a unique technical and criminalistic tool in the form of a manyfunctional multicurrency software and hardware complex, that in the processing of monetary notes - material evidence when carrying out investigative (search) actions, would ensure high-speed automated performance of such functions as: 1) detection of the validity of a large number of banknotes in national andforeign currencies ofdifferent denominations and years of issue, with recognition ofvarious types of falsifications, as well as souvenir products and special imitation means; 2) sorting; 3) recalculation with the determination of the total quantity and quantity by each note and total amount; 4) scanning and perpetuation by compiling and printing a detailed written description (appendix to the inspection protocol), andfull- colour digital photography and high-resolution video recording of not only the general form and machine-readable mandatory requisites of banknotes, but also various acquired criminalistic important signs (inscriptions, fingerprints, microparticles, spots of various substances of natural and synthetic origin, etc.); 5) data exchange in real time with databases of the National Bank of Ukraine and various criminalistics registrations, first of all, with a database of criminalistic accounting of monetary notes; 6) packing and sealing of seized monetary notes.

scholarly journals Tactics and Methods Used by Defence Attorneys to Prevent Judicial Mistakes in the First Instance Court

2019 ◽  
Vol 2 (14) ◽  
pp. 23-34
Author(s):  
Irīna Poļevaja
Keyword(s):  
Document Analysis ◽  
The Body ◽  
Critical Approach ◽  
Criminal Proceedings ◽  
Direct Examination ◽  
Criminal Trials ◽  
Scientific Methods ◽  
General Scientific ◽  
Material Evidence

A defence attorney is a significant and notable figure in criminal proceedings who for the whole procedural activity in a criminal case, in theory, should facilitate detecting and correcting possible judicial mistakes. In this respect, it is vital to conduct a series of research in order to highlight prevalent problems and issues of a defence attorney’s participation in criminal trials and to work out relevant recommendations for trial attorneys that would help to forestall, detect and prevent judicial mistakes. A specific condition of a defence attorney’s activity in the process of evidencing at a judicial examination is his awareness of the entire system of evidences presented by the prosecution and accusation conclusions in disputable classification situations. They should rely upon the fact that a judicial examination is performed under circumstances of direct examination of evidence, oral proceedings, publicity, invariability of the body of the court, as well as the fact that both the court and the representatives of the parties take part at the examination. Rather short deadlines of a judicial examination entails working under circumstances when decisions must be taken under extreme conditions, by applying tricks and methods that would allow examining all evidence in the most productive way. It makes sense for a defence attorney to state his activity position and determination of taking an active part in evidencing already at the beginning of court hearings, by filing a motion to summoning new witnesses, experts and specialists, disclosure of material evidence and documents or exclusion of evidence obtained in the way of violating the law. 
The author of the study applied general scientific methods of studying objective reality, peculiar to legal sciences: systematic document analysis, structural-functional analysis, critical approach, generalisation and prediction. As a result, the author provides numerous recommendations and rules for successful and immaculate defence in criminal trials. Aizstāvis ir nozīmīga, ievērojama figūra kriminālprocesā, jo aizstāvja procesuālajai darbībai krimināllietā teorētiski būtu jāatvieglo iespējamo tiesas kļūdu konstatēšana un labošana. Un šajā sakarā ir vitāli svarīgi veikt virkni pētījumu, lai izceltu problēmjautājumus, kas saistīti ar aizstāvja piedalīšanos krimināllietās, un izstrādātu tādas rekomendācijas aizstāvjiem, kas praktiskajā darbībā sekmētu tiesas kļūdu paredzēšanu, konstatēšanu un novēršanu. 
Par specifisku priekšnoteikumu aizstāvja darbībai pierādīšanas procesā tiesas izmeklēšanā ir uzskatāma viņa pilnā informētība par visu pierādījumu sistēmu lietā, kuru piedāvā valsts apsūdzība, un par valsts apsūdzības apsvērumiem strīdus krimināltiesiskās kvalifikācijas gadījumos. Aizstāvim jāņem vērā, ka tiesas izmeklēšana norit pierādījumu tiešas un nepastarpinātas pārbaudes apstākļos, ievērojot mutiskuma, publicitātes un tiesas sastāva nemainīguma principus. Pierādījumu pārbaudē piedalās gan tiesa, gan visi pārējie procesa dalībnieki, kas nav aizstāvības pusē. Likuma prasība ievērot saprātīgus lietas iztiesāšanas termiņus paredz saspringtu darbu, svarīgus lēmumus pieņemot ekstremālos procesuālos apstākļos, izmantojot tādus paņēmienus un metodes, kas veicinātu efektīvu pierādījumu kopuma pārbaudi un novērtēšanu. Aizstāvim būtu ieteicams deklarēt savu aktīvu procesuālo pozīciju un paust gatavību aktīvi piedalīties pierādīšanā jau tiesas izmeklēšanas sākumā, piesakot lūgumus par jauno liecinieku, ekspertu un/vai speciālistu aicināšanu uz tiesas sēdi, kā arī piesakot lūgumus par lietisko pierādījumu un/vai dokumentu pieprasīšanu un par pierādījumu, kas iegūti, pārkāpjot likumu, izslēgšanu no pierādījumu kopuma. 
Šajā pētījumā ir izmantotas vispārīgās zinātniskās metodes, kas sekmē objektīvās realitātes izzināšanu un ir raksturīgas tiesību zinātnei, proti: sistēmiskā dokumentu analīze, strukturāli funkcionālā analīze, kritiskā pieeja, vispārināšana un prognozēšana. Secinājumos tiek piedāvātas vairākas rekomendācijas veiksmīgai, efektīvai un nevainojamai aizstāvībai pirmās instances tiesā.

scholarly journals The right to information in criminal proceedings in the context of international legal standards.

2021 ◽  
Vol 3 (3) ◽  
pp. 266-271
Author(s):  
Oksana Pchelina
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Legal Standards ◽  
Court Proceedings ◽  
Right To Information ◽  
The Right ◽  
Procedural Rights ◽  
Material Evidence

It has been noted that such activities are a sphere of public life, which is inextricably linked with the need and possibility of coercion, which clearly indicates the restriction of certain human rights and freedoms to ensure the effectiveness of pre-trial investigation and trial. The provisions of international legal acts proclaiming and ensuring human rights and fundamental freedoms in criminal proceedings have been analyzed. It has been emphasized that in the specified international legal acts there is no interpretation of the right to information, and also it is not considered as the separate right. The essence of the right to information and its place in the system of human rights and freedoms has been determined. The author’s understanding of the concept of the right to information in criminal proceedings has been offered, its content has been revealed and its compliance with international standards of human rights and freedoms has been clarified. The right to information in criminal proceedings has been defined as the possibility and procedure for obtaining, using, disseminating, storing and protecting information provided by the criminal procedure legislation of Ukraine, which determines the principles of criminal proceedings and ensures the solution of its tasks. It has been emphasized that the right to information in criminal proceedings in the context of international legal standards is multifaceted in nature, which allows us to consider it in several aspects, namely as: the basis of criminal proceedings; providing information on procedural rights; informing the person about his / her detention, suspicion / accusation of committing a criminal offense; gaining access to information on material evidence; a ban on the disclosure of information obtained during the pre-trial investigation and court proceedings, and its use not to solve the problems of criminal proceedings.

scholarly journals Criminal misdemeanors as a novelty of criminal and criminal procedure legislation

2020 ◽  
pp. 365-368
Author(s):  
Andrii Begma ◽  
Galyna Muliar ◽  
Oleksii Khovpun
Keyword(s):  
Expert Opinion ◽  
Video Recording ◽  
Criminal Procedure ◽  
Evidence Base ◽  
Criminal Code ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Medical Examinations

The scientific article pays attention to the consideration of the concepts of “criminal offense”, “criminal offense”, “crime” andtheir implementation in criminal and criminal procedure legislation. Amendments to the legislation that came into force in connectionwith the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Simplification of Pre-trial Inves -tigation of Certain Categories of Criminal Offenses” are considered. The issue devoted to the new subject of criminal procedure – thecoroner and the head of the inquiry body is investigated.The article considers the types of evidence that are taken into account in the investigation of criminal offenses. Such evidenceshould include: explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technicalmeans that have the functions of photography and filming, video recording, or means of photography and filming, video recording. Thepossibility of using evidence in the investigation of crimes is considered.During the criminal proceedings, a new entity is identified, which is actually engaged in the investigation of criminal offenses,such an entity is the investigator. Inquiry is a new unit that investigates criminal offenses. Inquiries are carried out by inquiry subdivisionsor authorized persons of other subdivisions.A criminal offense is an act (action or omission) provided by the Criminal Code, for which the main penalty is a fine of not morethan three thousand non-taxable minimum incomes or other punishment not related to imprisonment. Procedural sources of evidencein criminal proceedings on criminal offenses, in addition to certain Art. 84 of the CPC, there are also explanations of persons, the resultsof medical examinations, expert opinion, indications of technical devices and technical means that have the functions of photographyand filming, video recording, or means of photography and filming, video recording.The legislator does not rule out that the sources of evidence are testimony, physical evidence, documents, expert opinions, but infact the explanations of persons, the results of medical examinations, expert opinion, indications of technical devices and equipmentthat have the functions of photography and filming, video or photo – and filming, video recordings are also identified as sources of evidence.The purpose of such a division is to distinguish between sources of evidence that can be used to prove crimes and criminal offenses.In addition, there is a misunderstanding – what exactly can we use to form the evidence base in criminal proceedings.

APPLICATION OF EVIDENCE STANDARDS IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 2 (2) ◽  
pp. 67-74
Author(s):  
Maryna Horodetska ◽  
Keyword(s):  
Security Measures ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Standard Of Proof ◽  
Judicial Practice ◽  
Reasonable Suspicion ◽  
Standards Of Proof ◽  
Objective Side ◽  
Procedural Decisions

The article is devoted to the study of the application of standards of proof in criminal proceedings. The criminal procedural legislation for determination of standards of proof is analyzed. The international and national judicial practice of application of standards of proof is investigated. Peculiarities of application of standards of proof at different stages of criminal proceedings are revealed. Differences in the application of standards of proof in making different procedural decisions have been established. The standard of reasonable suspicion is investigated. It is determined that the establishment of the standard “reasonable suspicion” depends on: 1) the stage of pre-trial investigation; 2) the degree of restriction of individual rights during decision-making. The article concludes that the lowest level of suspicion is sufficient for the commencement of criminal proceedings - suspicion of the fact of committing a criminal offense. Such suspicion of the fact of committing a criminal offense corresponds to the establishment of the object and the objective side of the criminal offense. It was found that during the detention of a person for committing a criminal offense, in addition to the suspicion of committing a criminal offense, the standard of “suspicion of sufficient involvement of the detainee” must be achieved. A certain level of suspicion of sufficient involvement of the detainee in the commission of a criminal offense is necessary to justify his detention. It was found that the notification of a person's suspicion of committing a criminal offense (without the application of a precautionary measure against him) presupposes the achievement of the standard of proof - “sufficient grounds (evidence)”. Which is lower than the standard of «reasonable suspicion”, the achievement of which is necessary in case of restriction of the rights of the person in connection with the application of security measures, etc. It is established that the standard “reasonable suspicion” is not stable and is assessed depending on the course of criminal proceedings. Over time, the standard of proof of “reasonable suspicion” increases and should be supported by proof of new circumstances and risks.

scholarly journals SEPARATE ASPECTS OF USING THE EXPLANATIONS OF PERSONS AS SOURCES OF EVIDENCE IN THE INVESTIGATION OF CRIMINAL OFFENSES

2020 ◽  
Vol 33 (20) ◽  
pp. 108-113
Author(s):  
O.Y. Pereverza ◽  
M.K. Kulava
Keyword(s):  
Effective Means ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Close Relatives ◽  
The Right ◽  
To Receive

The article is devoted to the procedural determination of explanations of persons and peculiarities of obtaining explanations of persons in the investigation of criminal offenses. Changes to Part 8. Art. 95, part 3 Art. 214 of the Criminal Procedure Code of Ukraine (hereinafter – CPC) and new Art. 298-1 CPC are analyzed. It is stated that the explanations selected in this category of the case can be considered as evidence even if they were received before the data entered in the EDDR and can be selected by all the subjects listed in item 19 of Art. 3 CPC, including defender and operational units. It is possible to select explanations from the persons listed in item 25 of Art. 3 of the CPC of Ukraine, as participants in criminal proceedings. Two discussion questions are raised. The first is how the provisions of Part 1 of Art. 63 of the Constitution of Ukraine correlates with the rights and duties of participants in criminal proceedings. Having analyzed the content of item 8 of Art. 95 of the CPC, we state that the explanation can be obtained only with the consent of the person. Thus, the Constitution of Ukraine states that a person may refuse to give explanations in relation to himself, family members, close relatives, but nothing is written about the obligation to give explanations in other cases. Part 2 of Art. 66 of the CPC does not oblige a witness to give explanations and establishes responsibility (, Art. 67 of the CPC, Art. 385 of the Criminal Code of Ukraine for refusing to give testimony, but no explanations, paragraph 4 of Part 3 of Article 72-1 of the Code of Criminal Procedure obliges the representative of the probation authority to give explanations in court, paragraph 9 of Part 1of Article 56 of the CPC provides the victim with the right to give explanations. From July 1, 2020, problems in law enforcement may arise regarding the explanation given by witnesses in the event that they did not give consent to receive them. This will be relevant in the case of obtaining explanations from witnesses in the case who do not wish to give an explanation at all, and not only in cases where it concerns the witness’s person or persons close to him. In fact, they are not responsible for these actions before the law. The number of such persons may be considerable. Therefore, it is necessary to establish at the legislative level the responsibility for refusing to give a witness an explanation. But, it is quite clear that, before questioning such persons, they need to clarify the requirements of Art. 63 of the Constitution of Ukraine. The second, in which procedural form it is necessary to issue explanations. From 1 July 2020, practitioners must have effective means of fixing explanations, since, without the proper procedural form, information about the facts contained in the explanations cannot be recognized as credible evidence. The possibility of applying Articles 103, 104 of the CPC of Ukraine by analogy is established. Namely, that the results of a procedural action – a survey – should be recorded in the protocol of the corresponding action. We conclude on the need for additional procedural regulation of this issue. Keywords: evidence, sources of evidence, explanations of persons, fixation, a criminal offense.

IMPLEMENTATION OF THE FORCED FORM OF INVESTIGATION OF A JUVENILE SUSPECT

2021 ◽  
Vol 2 (2) ◽  
pp. 58-66
Author(s):  
Olha Babenko ◽  
Keyword(s):  
Criminal Justice ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
National Legislation ◽  
Procedure Code ◽  
Psychological Pressure ◽  
Principle Of Proportionality ◽  
A Minor

The article is devoted to the study of such an investigative (investigative) action as an examination carried out in a coercive form against a minor suspect. The national and international legislation in the field of protection of the rights of children who have committed a crime and the peculiarities of criminal proceedings with such a vulnerable category are analyzed. It is noted that the current provisions of the Criminal Procedure Code of Ukraine do not contain a regulated procedure for compulsory examination of a juvenile suspect. Such non-determination of the legal norm presupposes the investigator to conduct a compulsory examination at his own discretion, which sometimes significantly violates the rights of children. Attention is drawn to the views of scientists on the feasibility, legality and admissibility of investigative (search) action in the form of compulsory examination. It has been established that scientists have different opinions about the need to conduct a survey in a coercive form. Scientists distinguish such concepts as “psychological” and “physical” coercion during the survey. It is proposed to reduce the psychological pressure on a person subject to compulsory examination by persuasion and work with a psychologist, which is especially relevant for a juvenile suspect. As a result of the research, it was established that the legal regulation of compulsory examination of a juvenile suspect should be conditioned by the principle of proportionality. Given the principle of proportionality and vulnerability of the procedural position of a juvenile suspect, his psychological and social immaturity, it was concluded that the use of coercion during the examination of a juvenile suspect is better dependent on the severity of the criminal offense in which the juvenile is suspected. In order to improve the procedural situation of a juvenile in the field of criminal justice, it is proposed to amend the national legislation on the compulsory examination of a juvenile suspect, witness or victim only in criminal proceedings for serious or particularly serious crimes.

scholarly journals Problem aspects of organizational and tactical support of interrogation in the investigation of crimes in tourist industry

2020 ◽  
Vol 3 (3) ◽  
pp. 251-256
Author(s):  
Yuliya Vengerova
Keyword(s):  
Full Range ◽  
Video Recording ◽  
Tourist Industry ◽  
Business Relationship ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Technical Ability ◽  
Psychological Pressure ◽  
Legitimate Interests ◽  
Effective Organization

It is emphasized that the investigation of crimes in the field of tourism has certain specifics due to the circumstances and mechanism of this crime. A special place among all other sources of evidence is occupied by testimony, which takes the form of evidence only in the case of observance of the rights, freedoms and legitimate interests of persons who have information about the event of a criminal offense and their proper procedural design. However, during interrogations in the investigation of crimes related to tourism, investigators often face difficulties of both procedural and organizational and tactical nature. The most significant problem is the lack of time for full preparation for the interrogation, with the study of legislation in the field of tourism, taking into account all the circumstances to be established and drawing up an interrogation plan. The use by investigators of the full range of tactics recommended by criminology and developed in practice is also not used to a sufficient extent. Investigators lack the time and technical ability to accompany the process of obtaining evidence by audio or video recording. For the most part, suspects withdraw their testimony after some time on the grounds that it was obtained as a result of psychological pressure or physical influence. While audio and video materials could help to refute these statements and prove the legitimacy of the actions of the person conducting the interrogation. It is noted that when interrogating victims, witnesses, suspects in criminal proceedings related to tourism, the investigator should be critical of their testimony and compare them with other evidence. It is important for the investigator to establish whether the interrogated are in a business relationship with the head of a tourist or hotel-restaurant enterprise and what their nature is. This need is due to the prevalence of situations where persons who declare themselves as witnesses are involved in criminal acts. Recommenda-tions on the most effective organization and tactics of interrogation in proceedings of this category are given.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

Sampling, Preservation and Counting of Samples II: Zooplankton

2017 ◽  
Author(s):  
Peter H. Wiebe ◽  
Ann Bucklin ◽  
Mark Benfield
Keyword(s):  
Genetic Analysis ◽  
High Speed ◽  
Morphological Analysis ◽  
Taxonomic Composition ◽  
Sampling Techniques ◽  
Sample Analysis ◽  
Sample Preservation ◽  
The Past ◽  
Plankton Collection

This chapter reviews traditional and new zooplankton sampling techniques, sample preservation, and sample analysis, and provides the sources where in-depth discussion of these topics is addressed. The net systems that have been developed over the past 100+ years, many of which are still in use today, can be categorized into eight groups: non-opening/closing nets, simple opening/closing nets, high-speed samplers, neuston samplers, planktobenthos plankton nets, closing cod-end samplers, multiple net systems, and moored plankton collection systems. Methods of sample preservation include preservation for sample enumeration and taxonomic morphological analysis, and preservation of samples for genetic analysis. Methods of analysis of zooplankton samples include determination of biomass, taxonomic composition, and size by traditional methods; and genetic analysis of zooplankton samples.

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