FORENSIC CHARACTERISTICS OF VIOLENT CRIMES COMMITTED ON THE GROUNDS OF RACIAL, NATIONAL OR RELIGIOUS INTOLERANCE, AND ITS CONNECTION WITH THE SUBJECT OF PROOF

2021 ◽  
Vol 2 (2) ◽  
pp. 109-118
Author(s):  
Anna Borovyk ◽  
Keyword(s):  
General Procedure ◽  
Criminal Procedure ◽  
Structural Elements ◽  
Criminal Proceedings ◽  
Violent Crimes ◽  
Religious Intolerance ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Subject

The article is devoted to the concept of forensic characterization of violent crimes committed on the basis of racial, national and religious intolerance, and its main structural elements that are most important in the detection and investigation of crimes in this category. It is noted that the forensic characterization of crimes is a system of general data, information or information about typical features (structural elements) of a certain type of crime, which are important in the investigation and detection of criminal offenses of a particular type. Among the most important elements that are important during the pre-trial investigation of this category of crimes, we have identified the following: the identity of the offender, with his mental activity, which includes a special motive for committing a criminal offense - intolerance; the person of the victim; the subject of criminal encroachment; the manner of committing the crime in the broadest sense; trace picture. The article reveals the concept of the subject of proof and emphasizes that it fully covers Article 91 of the Criminal Procedure Code of Ukraine, concerning the general procedure for proving in the investigation of violent crimes committed on the grounds of racial, national and religious intolerance. Emphasis is placed on the fact that among criminals who commit violent crimes on the grounds of racial, national or religious intolerance, there are minors, which is why, along with the general circumstances covered by Article 91 of the Criminal Procedure Code of Ukraine, are subject to the establishment in criminal proceedings of circumstances that relate directly to minors and provided for in Article 485 of the Criminal Procedure Code of Ukraine. The article examines the relationship between the forensic characterization and the subject of evidence, and substantiates that the forensic characterization serves as an information base for the circumstances that are part of the subject of proof.

scholarly journals ДЕЯКІ ПРОБЛЕМИ ТИМЧАСОВОГО ВИЛУЧЕННЯ ТА АРЕШТУ МАЙНА ЯК ЗАХОДІВ ЗАБЕЗПЕЧЕННЯ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ

2019 ◽  
Vol 13 ◽  
pp. 520-528
Author(s):  
І. В. Гловюк
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
Definition Of

Стаття присвячена дослідженню проблемних питань застосування тимчасового вилу­чення майна та арешту майна як заходів забезпечення кримінального провадження із урахуванням наявної судової практики. Указано та обґрунтовано некоректність норма­тивного визначення тимчасового вилучення майна. Відмічено прогальність нормативного визначення арешту майна в аспекті об'єктів, на які може бути накладено арешт. Сфор­мульовано пропозиції щодо внесення змін та доповнень до ч. 1 ст. 167 КПК щодо ви­значення поняття «тимчасове вилучення майна» та ч. 1 ст. 170 КПК щодо осіб, на майно яких може бути накладено арешт.   The article is dedicated to the research of problematic issues of exercise of temporary seizure of property and arrest of property as means for ensuring criminal proceedings considering relevant judicial practices. Author mentioned and justified his point of view regarding incorrectness of the normative definition of seizure. Author also indicated whitespaces of the regulatory definition of arrest of property in the aspect of objects that may be the subject for the arrest. Proposals for amendments and additions to the part 1 of the Art. 167 of the Criminal Procedure Code regarding the definition of «temporary seizure of property» and part 1 of the Art. 170 of the Criminal Procedure Code regarding the scope of persons whose property may be arrested have been made.

scholarly journals ON SOME COMMENTS ON THE NORMATIVE FORMULATIONS FOR THE PURPOSE OF CRIMINAL PROCEEDINGS

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 127-133
Author(s):  
Виктор Николаевич ГРИГОРЬЕВ
Keyword(s):  
Russian Federation ◽  
Justice System ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Legal Situation ◽  
Law Enforcement Officials ◽  
The Subject ◽  
The Russian Federation

The purpose of Russian criminal proceedings, which is very important among the modern social and legal institutions, is nevertheless deficient in its legal and regulatory form. It is noted that in the modern situation, some formulations of the purpose of criminal proceedings have come into conflict with the real social and legal reality. Purpose: to resolve contradictions between the formulations of the purpose of criminal proceedings and the actual social and legal reality. Methods: the author uses the methods of dialectical and formal logic, comparison, description, observation, interviewing, experiment, analysis, interpretation. Results: a theoretical basis has been developed for the choice, in the event of a conflict between the formulations of the purpose of criminal proceedings and the actual social and legal situation, of whether to change the normative formulation of the purpose of criminal proceedings or whether to change the procedure itself. In choosing the subject of reform, preference is given to traditional Russian values. Modern trends in Russian criminal proceedings do not fully reflect the needs of civil society in the Russian Federation. It is more accurate to assume that this is the result of a system of departmental and bureaucratic measures to distribute influence and burden. From a humanitarian standpoint, it would be more correct to return the criminal justice system to a state where it will again reflect the lost purpose, in particular, protecting individuals from unlawful accusations. The first step should be to remove from law enforcement officials the obligation to be unilateral in the examination of evidence and to represent only one party – the accusation (Chapter 6 of the Criminal Procedure Code of the Russian Federation), as well as to remove the normative prohibition for the preliminary investigation and inquiry bodies to gather evidence defending the accused (Part 2 article 15 of the Criminal Procedure Code of the Russian Federation).

scholarly journals The subject of judicial control in consideration of complaints: controversial issues of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 104-109
Author(s):  
El'vira Mirgorodskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

The purpose of this study was an attempt to theoretically understand the subject of judicial consideration of complaints against decisions, actions (inaction) of officials carrying out criminal prosecution. The research was carried out on the basis of comparative legal, formal logical, empirical, statistical methods. Judicial statistics for the year 2020 have been provided, and legislation has been studied from a historical and contemporary perspective, taking into account the practice of the Constitutional Court of the Russian Federation. The problem is that, in practice, for about 20 years the courts have had difficulties in determining the subject of complaints, since neither in theory nor in practice a consensus has been developed on this issue. The Criminal Procedure Code of the Russian Federation also does not contain a definition of the concept of «subject matter». The situation is aggravated by the presence of evaluative concepts in the text of the law, leading to a varied understanding of the subject of appeal by the courts, which leads to a violation of the constitutional rights of citizens at the pre-trial stages of criminal proceedings. In the article, taking into account the analysis of the practice of the Constitutional Court of the Russian Federation, legislation and the opinion of scientists, a recommendation was made to amend the Criminal Procedure Code of the Russian Federation to specify the subject of consideration of complaints in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation in order to eliminate existing contradictions in practice and increase the level of protection of individual rights in pre-trial proceedings.

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 Appropriate subject of obtaining evidence of a criminal offense in the opinion of the court

2021 ◽  
Vol 66 ◽  
pp. 224-228
Author(s):  
A.-M.Y. Anheleniuk
Keyword(s):  
Criminal Procedure ◽  
Evidence Base ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Procedure Code ◽  
Evidence Collection ◽  
The Subject ◽  
The Right ◽  
Operational Unit

The article considers the collection of evidence by the prosecution, because it is in this order that the evidence base of criminal proceedings is most often formed. Thus, the prosecutor, investigator (investigator) acting under Articles 36, 40, 401 of the Criminal Procedure Code of Ukraine, as well as an employee of the operational unit pursuant to Article 41 of the Criminal Procedure Code of Ukraine on behalf of the investigator or prosecutor have the right to collect evidence. The purpose of the article is to study the affiliation of the subjects of evidence collection as part of the procedural form of the criminal process of Ukraine, taking into account the analysis of court decisions, namely the assessment of the evidence base as a basis for deciding on the merits of criminal proceedings. Cases of involvement of an improper subject in the pre-trial investigation, which are common and typical, are systematized. There are two types of improper subjects within the investigative (search) or procedural actions, namely the subject: 1) is not appointed in the manner prescribed by law, although according to current legislation according to the list of its powers may be appropriate; 2) does not have the authority under the law to make a specific decision or to conduct investigative (search) or procedural actions. An analysis of court decisions according to which courts provide an assessment of the procedural activities of the subjects of evidence collection in criminal proceedings at the stage of pre-trial investigation, including their relevance and admissibility. Thus, attention is paid to the assessment of courts on the legality of the presence of persons during investigative (investigative) or procedural actions; the correctness of fixing such a presence. In addition, the situations of appointment of relevant subjects in criminal proceedings to fulfill their powers are considered. It is proposed to supplement the first part of Article 236 of the Criminal Procedure Code of Ukraine with a provision that clarifies the grounds for the stay and authority of the employee of the operational and investigative service during the search.

scholarly journals ШЛЯХИ ВДОСКОНАЛЕННЯ ПОЧАТКУ ДОСУДОВОГО РОЗСЛІДУВАННЯ

2019 ◽  
Vol 13 ◽  
pp. 175-184
Author(s):  
Ю. П. Аленін
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Initial Stage

Стаття присвячена дослідженню проблем початкового етапу стадії досудового роз­слідування — нового процесуального інституту, який введений замість процедури пору­шення кримінальної справи, що існувала. Об'єктом дослідження є позитивні та негативні аспекти появи пропонованого новим КПК України процесуального порядку початку до-судових розслідувань кримінальних правопорушень.   The article is devoted to research the problems of the initial stage of pre-trial investigation phase, a new proceeding Institute, that was introduced instead of existed criminal proceedings. The object of research is predicted positive and negative aspects of appearance offered by a new Criminal Procedure Code order of initial stage of pre-trial investigation phase of criminal offenses.

scholarly journals Restriction of the access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation

2021 ◽  
pp. 58-69
Author(s):  
Tatiana Topilina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
Soviet Space ◽  
The Russian Federation ◽  
The Right ◽  
Right Of Access

This article analyzes the problems of implementation of the right of access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation. The author carefully examines the legislation of the countries of post-Soviet space on filing a complaint against actions (omissions), as well as decisions of the prosecuting agency in pretrial proceedings. The subject of this research is the norms of the Russian and foreign legislation that regulate the right of access to justice in criminal proceedings. The object is the legal relations arising in the context of implementation of the right of access to justice. The article employs the universal systemic method of cognition; comparative-legal, formal-legal, and statistical methods; as well as logical analysis of the normative legal acts. It is indicated that restriction of the access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation is also established by the practice developed in law enforcement for evaluation of the complaint prior to its consideration involving  the parties with the possibility of making a decision on whether to remit or reject the complaint in the absence of legislatively specified grounds, which directly affects the number of addressed complaints. The conclusion is made on the need to specify the grounds for remitting the complaint of an applicant filed in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation, for the purpose of excluding the possibility of decision made by the court that is not based on the law on remitting or rejecting the complaint for consideration (the Article 125 of Code of Criminal Procedure Code of the Russian Federation).

scholarly journals ATOS DA PERSECUÇÃO COMO PROVA CRIMINAL EM FACE DO PROCESSO PENAL BRASILEIRO

2017 ◽  
Vol 4 (2) ◽  
pp. 22
Author(s):  
Plínio Antonio Britto Gentil
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Convictions ◽  
Procedure Code ◽  
State Agents

São freqüentes as condenações criminais baseadas exclusivamente nas informações prestadas em juízo por agentes do Estado que praticaram os atos iniciais da persecução. Há contudo vedação expressa do artigo 155 do Código de Processo Penal a que se condene apenas com os elementos da fase pré-processual. Aqui se sustenta que, mesmo produzidos judicialmente, trata-se de simples reprodução do quanto fizeram esses agentes na prática daqueles atos iniciais e, portanto, não possuem natureza de prova. A sistemática do processo penal brasileiro, com seus princípios e ainda considerado o modelo acusatório para colheita de prova, desautoriza a caracterização de tais informações como elementos aptos a formar a convicção judicial para condenar.  O processo é instrumento de defesa da liberdade, por isso não são admissíveis condenações por presunções. Iniciativas legislativas propondo um juizado de instrução e ampliando a participação do advogado na produção de provas podem constituir o germe de um novo panorama que supere este problema. Palavras chave: Prova Criminal; Atos da Persecução; Elementos Informativos; Processo Penal; Juizado de Instrução. Criminal convictions are often based exclusively on information provided in court by state agents who practiced the initial acts of persecution. However, acording to article 155 of Brazilian Criminal Procedure  Code, there is an explicit prohibition to condemn based only on the elements of the pre-procedural phase. On this paper, it is sustained that, even produced judicially, it is a simple reproduction of  the acts those agents did in the practice of those initial acts and, therefore, they have no nature of proof. The systematics of the Brazilian criminal procedure, with its principles and considering the accusatory model for collecting proof, disallows the characterization of such information as elements capable of forming the judicial conviction to condemn. The process is an instrument for the defense of freedom, so convictions for based on presumptions are not admissible. Legislative initiatives proposing a proof producing court and the broadening of the lawyer participation in the production of proof can be the germ of a new panorama that overcomes this problem.  Keywords: criminal proof; Acts of Persecution; Informative Elements; Criminal Proceedings; Proof Producing Court.

scholarly journals CONCEPTS, PECULIARITIES AND VALUE OF THE DATA OBTAINED IN THE RESULTS OF THE APPLICATION OF SCIENTIFIC AND TECHNICAL MEANS IN CRIMINAL PROCEEDINGS

2019 ◽  
pp. 150-152
Author(s):  
A. M. Korchahina
Keyword(s):  
Evidence Base ◽  
Criminal Proceedings ◽  
Use Of Data ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Technological Means ◽  
Definition Of ◽  
The Given ◽  
Single Approach

The article explores the concept and meaning of scientific and technical means in criminal proceedings and the data obtained as a result of the use of scientific and technical means in criminal proceedings, the main aspects of their use. The article deals with the theoretical and legal characterization of the concept of "scientific and technical means", analyzes the main approaches and aspects to the definition of the specified concept in the science of criminal process. The conducted investigation of the criminal procedural legislation has made it possible to state that there is no single approach to formulating the definition and content of the scientific and technological means used in criminal proceedings. The author emphasizes the necessity of consolidating the unified definition of scientific and technical means used at different stages of criminal proceedings and, accordingly, its consolidation in the existing criminal procedural legislation. Particular attention is paid to the concept and significance of data obtained as a result of the use of scientific and technological means in the investigation and disclosure of criminal offenses and crimes. The author investigates the definitions of "data" and adapts to the sphere of criminal-procedural activity the definition of "data obtained as a result of the use of scientific and technical means in criminal proceedings". The basic aspects of the use of the given type of data are characterized: forensic, criminological, operative-investigative, criminal-procedural. Taking into account the importance of the data obtained as a result of the use of scientific and technological means as evidence base in criminal proceedings, the author asserted that they should be applied to all the requirements that apply to them in accordance with the rules of the Criminal Procedure Code of Ukraine, namely, belonging and authenticity. Compliance with these requirements is a must, since the use of scientific and technological means, the acquisition and use of data must be justified at all stages of criminal proceedings and should facilitate the execution of the main tasks of criminal justice.

scholarly journals WAYS OF THEFT IN THE CONDITIONS OF A BIG CITY

2020 ◽  
pp. 322-329
Author(s):  
В. В. Підпалий
Keyword(s):  
Large City ◽  
Psychological Characteristics ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Central Elements ◽  
Big City ◽  
The Subject ◽  
Selection Of

The relevance of the article is that the method of committing a criminal offense is one of the central elements of the forensic characterization of criminal offenses, which provides the largest amount of forensic information, which allows the investigator to navigate the crime and determine the best methods of investigation. The article substantiates that the method of committing theft in a large city depends on objective factors (situation, time, place of commission; object of encroachment, its qualitative and quantitative features; the presence of tools or access to them; the commission of preparatory actions; the presence of accomplices and their qualifications) and subjective (availability of «professional knowledge», physical condition and psychological characteristics of the offender) nature. It was found that the preparation for committing theft in a large city involved the choice of the subject of criminal encroachment; preliminary reconnaissance of the place; development of a plan of criminal actions; observation of the place where the property is stored, or of the property itself; distribution of roles for theft; selection and preparation of the place of storage of stolen property; selection of technical means for penetration into the premises where the property is stored; search for technical means for transportation of stolen property. It is determined that the establishment of a method of committing theft in a large city is the basis for the promotion of operational and investigative and investigative versions and the development of certain tactics. This allows to concentrate the necessary forces and means in the places of probable theft, to provide effective operational maintenance of the most criminogenic objects. In addition, knowledge of the methods of committing thefts in a large city allows the investigator (coroner) to methodically correctly determine the directions of pre-trial investigation of criminal proceedings. It should be added that offenders, in turn, seek to use methods that would significantly complicate the investigation or make it impossible. For this purpose, new ways of committing a criminal offense and its concealment are being sought and modified.

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