INVESTIGATION OF CRIMINAL CHARACTERISTICS OF ILLEGAL PUBLIC USE OF DRUGS

2020 ◽  
pp. 277-283
Author(s):  
С. Ф. Денисюк
Keyword(s):  
Illicit Drugs ◽  
Negative Impact ◽  
Scientific Article ◽  
Criminal Offense ◽  
Social Sphere ◽  
Drug Crime ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
Starting Point ◽  
Forensic Scientists

The relevance of the article is that the spread of drug addiction and drug crime in Ukraine over the past ten years has become one of the most acute social problems, failure to solve which leads to harm to human health, negative impact on the social sphere, and is a threat to national security. Of particular concern in the light of socio-economic crises is the systematic use of illicit drugs and the increase in drug-related crimes. At the same time, the number of criminal offenses for illegal public use of drugs is increasing, which in turn requires the creation of the most advanced methods of detection and investigation of criminal offenses and the development of appropriate practical recommendations for the use of forensic techniques and tactics specific to a particular crime. The purpose of the article is to provide a forensic characterization of illegal public drug use. The scientific article analyzes the scientific positions of forensic scientists and proceduralists on the understanding of the conceptual category «forensic characteristics of a criminal offense» and further identification of the main elements of the forensic characteristics of criminal offenses. It is stated that forensic characteristics are a relevant scientific abstraction based on the analysis of investigative, expert, operational-search, judicial practice used by this practice through the methodology of investigation of criminal offenses of the relevant type, the starting point for which it is characteristic. Within the limits of the scientific article the following elements of the criminological characteristic of illegal public use of drugs are allocated and investigated: a) a way of commission of a criminal offense; b) a description of the identity of the offender; c) the subject of criminal encroachment; d) place of commission; e) typical traces of the crime.

scholarly journals CRIMINAL CHARACTERISTICS AS AN ELEMENT OF THE METHODOLOGY OF INVESTIGATION OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER

2020 ◽  
pp. 5-11
Author(s):  
О. А. Антонюк
Keyword(s):  
Public Order ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Illegal Acts

The relevance of the article is that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as have a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for the development of versions, to build correlations between individual elements, to ensure better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. The peculiarities of forensic characteristics as an element of the methodology of investigation of a certain category of criminal offenses are considered. The author emphasizes that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as has a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for proposing versions, building correlations between individual elements, ensuring better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. In our opinion, this is really important for the methodology of investigation of any criminal offense, so we will try to solve the problem of its construction in the studied category of actions: against public order. The notion of forensic characteristics is formulated as a set of data on forensically important features and properties of an illegal act, which is due to the natural connections between its individual elements and provides construction and verification of versions to solve specific problems of criminal proceedings.

scholarly journals Criminal-legal meaning of driving under the influence in the acts stipulated by Article 286 of the Criminal Code of Ukraine

2020 ◽  
pp. 66-72
Author(s):  
V. Myslyvyi
Keyword(s):  
Criminal Code ◽  
Driving Under The Influence ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Operation Rules ◽  
Driving While Impaired ◽  
Criminal Offenses ◽  
Vehicle Operation ◽  
Objective Side ◽  
Determining Factor

The article deals with issues of combatting criminal offenses related to violations of road safety and vehicle operation rules stipulated by Article 286 of the Criminal Code of Ukraine. The focus is on acts committed by persons who were in a state of alcohol, drugs or other intoxication. Based on research and analysis of current national judicial practice the author has revealed the presence of contradictions in court judgments of different instances where provided opposite criminal legal assessment consisting of a criminal offense under Article 286 of the CC of Ukraine, the following factors as driving while impaired by alcohol, drugs and other intoxication. The essence of such an assessment, as shown by a certain part of the verdicts, is that some courts do not consider the state of intoxication of a person driving a vehicle as a sign of the objective side of this criminal offense, and therefore do not see it as one of the reasons acts as a determining factor of these criminal offenses. The research paper contains a critical analysis of this approach in judicial practice and provides arguments for its unreasonableness, as driving under the influence as a cause of accidents in transport is considered to be universally recognized. However to avoid contradictions in judicial practice and to reach efficiency impact of criminal legaltools in combating the above mentioned criminal offense the author has proposed that Article 286 of the CC of Ukraine should stipulate an aggravating circumstances such as the commitment of a criminal offense by a person being in a state of intoxication

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.

scholarly journals Typical investigatory situations in investigation of group violations of public order

2020 ◽  
Vol 3 (3) ◽  
pp. 299-303
Author(s):  
Denys Usatkin
Keyword(s):  
Police Officers ◽  
Public Order ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Course Of Action ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Forensic Scientists ◽  
Tactical Decisions

The scientific article is devoted to covering some aspects of the investigation of a group violation of public order. The essence and system of typical investigative situations of the specified actions for their faster and more effective investigation are considered. It is noted that the activities of law enforcement officers should have a specific structure, which will vary depending on the specific circumstances that occur in the investigation of certain criminal offenses. That is, the algorithmization of the criminal proceedings for a particular category of offenses should be the main task of forensic scientists. At the same time, it is necessary to understand that it is impossible to build an algorithm of actions without identifying certain situations that may arise during the investigation. Criminal proceedings for group violations of public order are no exception. These acts violate public order and are quite difficult to distinguish from the accompanying acts: riots and hooliganism. And it is thanks to the correct course of action of police officers at the initial stage of the investigation that the greatest possible amount of evidence will be gathered. The author supports the position of scholars who formulate a typical investigative situation as a set of conditions that are objectively formed in the investigation of criminal offenses, create a unique situation at a given time, which poses the investigator the problem of choosing the appropriate course of action and tactical decisions. After analyzing the above situations and factors influencing their formation, as well as materials of criminal proceedings, the author formulated the following typical investigative situations in the investigation of a group violation of public order: persons who committed a group violation were detained at the scene, the victim witnesses, eyewitnesses and available material traces of a criminal act; persons who have committed a group violation of public order, disappeared from the scene and are known only by appearance, available witnesses and material traces of a criminal act; traces of illegal actions were found, the offenders are unknown, witnesses were found at the scene.

scholarly journals Peculiarities of qualification of criminal offenses against movement safety and transport operation: a review of judicial practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 227-234
Author(s):  
Vasyl Berezniak
Keyword(s):  
Traffic Safety ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
Decisive Evidence ◽  
Act Assessment

The article reviews some court decisions, which highlight the key features of the assessment of criminal offenses against traffic safety and transport operation. Typical situations of committing criminal offenses of this type with the analysis of difficulties of qualification and further bringing a person to criminal responsibility are studied. In addition, attention is paid to the differentiation of legal liability, where the means of committing an offense or the subject is a vehicle, as well as highlighted key aspects related to the definition, type and nature of the act. Assessment of criminal offenses against traffic safety and transport operation under art. 286 of the Criminal Code of Ukraine should be based not only on the rules of substantive law, ie the law of Ukraine on criminal liability. Within the framework of criminal proceedings, the employee-practitioner is guided by the rules of the Criminal Procedure Code of Ukraine, which provides for the possibility of changing the assessment of a criminal offense, taking into account the available facts and circumstances. Regarding the existence of certain regulations governing the specifics of assessment and further pre-trial investigation into the commission of a criminal offense against traffic safety and transport operation, today the national justice system has formed judicial practice on this issue. However, it requires some generalization and identification of key points in the qualification of the investigated criminal offenses or further criminal proceedings. The decisive evidence in criminal proceedings concerning criminal offenses against traffic safety and transport operation is the experts’ conclusions from various types of examinations, which are appointed in these proceedings. In particular, auto-technical, auto-commodity, transport-trasological expert studies, which establish important circumstances for establishing the suspect’se guilt or innocence.

scholarly journals Forensic description as an element of the methodology of investigation of criminal offenses against morality

2020 ◽  
Vol 3 (3) ◽  
pp. 161-167
Author(s):  
Mykola Yefimov
Keyword(s):  
Police Officers ◽  
Scientific Article ◽  
Turn Of The Millennium ◽  
Structural Elements ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Investigation Process ◽  
Practical Recommendations

The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against morality. Peculiarities of forensic characteristics as an element of the methodology of investigation of this category of criminal offenses are considered. The author emphasizes that any method of investigating certain types of criminal offenses has a certain structure, an important element of which is the forensic characteristics. The concept of forensic characteristics as an element of methodology, quantity, content and significance of structural elements of this scientific category remain vague and contradictory. Moreover, at the turn of the millennium, the question of the expediency of the existence of forensic characteristics as a scientific category in general became acute. Therefore, it should be borne in mind that the value of forensic characteristics can be divided into practical and theoretical. For police officers who are directly involved in the investigation, the most important thing is the practical application of a tool that will help in the investigation process. It is noted that the method of investigation of certain types of criminal offenses is a system of sci-entific provisions, as well as methodological and practical recommendations developed on their basis for the investigation of certain types and groups of criminally punishable acts. It is emphasized that the structure of the studied scientific category is as follows: forensic charac-teristics of criminal offenses; analysis of primary information and initiation of criminal proceedings; cir-cumstances to be proved in criminal proceedings; typical investigative situations; features of conducting initial investigative (search) actions, covert investigative (search) actions and other measures; features of further investigative (search) actions, covert investigative (search) actions and other measures; features of the use of special knowledge during the investigation of a criminal offense; preventive activities of the investigator in relation to the causes and conditions that contributed to the commission of a criminal offense; features of the investigator's activity at the final stage of the investigation.

scholarly journals Assessment of initial information and scope of circumstances, to be established during the investigation of fraud in the purchase and sale of goods via Internet: certain aspects

2020 ◽  
Vol 3 (3) ◽  
pp. 304-309
Author(s):  
Serhiy Chuchko
Keyword(s):  
The Internet ◽  
Systematic Analysis ◽  
Initial Information ◽  
Criminal Offense ◽  
Research Results ◽  
Judicial Practice ◽  
Criminal Offenses

The article examines certain aspects of assessing the initial information and the range of circumstances to be established in the investigation of fraud in the sale and purchase of goods via the Internet. The current regulatory legal acts governing the procedural procedure for obtaining and registering information about criminal offenses are analyzed and the sources that most often contain information about the commission of fraud when buying and selling goods via the Internet are considered separately. The ways, order and problematic issues faced by practitioners in obtaining and evaluating initial information are determined. Investigated the circumstances that are subject to proof and establishment in the investigation of fraud in the sale and purchase of goods via the Internet. It is concluded that the greatest difficulties in assessing the initial information about fraud in the sale of goods over the Internet, arise during the determination of preliminary legal qualifications, which further affects the pre-trial investigation, as well as the choice of procedural measures will further carry out within the limits of investigation of a criminal offense. The circumstances to be proved and established during the investigation of fraud in the sale of goods via the Internet are considered. Taking into account the systematic analysis of legislation, research of scientific works, research results of investigative and judicial practice, as well as surveys of practitioners, the circumstances to be established during the investigation of fraud in the sale of goods via the Internet, it is proposed to divide into: circumstances relating to the event fraud in the purchase and sale of goods via the Internet; circumstances concerning the identity of the victim and the offender; causal circumstances; other circumstances.

scholarly journals Medical Malpractice as a Separate Criminal Offense: a Higher Degree of Patient Protection or Merely a Sword Above the Doctors' Heads? The Example of the Croatian Legislative Model and the Experiences of its Implementation

2019 ◽  
Vol 12 (2) ◽  
pp. 39-60
Author(s):  
Igor Vuletić
Keyword(s):  
Medical Malpractice ◽  
Case Law ◽  
Legal Certainty ◽  
Criminal Offense ◽  
Degree Of Protection ◽  
Bodily Injury ◽  
Judicial Practice ◽  
Patient Protection ◽  
Criminal Offenses ◽  
Legislative Model

A comparative overview of the criminalisation of medical errors in Europe shows that this in principle is approached in two ways. Under the first approach, such errors are incriminated through the general regime for criminal offenses, such as bodily injury or causing death by negligence. The second approach, adopted in a smaller number of countries, prescribes it as a separate criminal offense (as medical malpractice). Croatian law is a typical example of the second model, which has given rise to discussions in Croatian scholarly circles about the abandonment of such a model. The author analyses the Croatian legislative solution and its realisation in judicial practice, and based on this analysis, through the presentation of noteworthy case law, provides conclusions on whether or not the Croatian legislative solution indeed provides a higher degree of protection of the health of patients and a higher level of legal certainty.

scholarly journals Serious Consequences Caused by the Crime as an Aggravating Circumstance

2020 ◽  
pp. 305-312
Author(s):  
Viktor ZAKHARCHUK
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Final Decision ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
Significant Strength ◽  
Additional Qualification ◽  
Objective Side

The judicial practice of sentencing is analyzed in the case when a criminal offense has serious consequences that are outside the objective side of a certain socially dangerous act. Given the evaluative nature of this circumstance and the lack of legislative explanation of its content, there are typical mistakes that courts make in classifying the serious consequences of the crime as an aggravating circumstance. The order of sentencing in the case when the death of the victim was caused by a criminal offense, property damage in large or especially large amounts, etc. was investigated. The procedure for distinguishing serious consequences as an aggravating circumstance and as a mandatory feature of the objective side of the relevant criminal offense is analyzed. It is established that in some cases the task of a serious criminal offense requires additional qualification under other articles of the Criminal Code of Ukraine. The article proposes the criteria with serious consequences of the crime should be considered as an aggravating circumstance. It is established that the grave consequences caused by the crime as an aggravating circumstance do not form a new basis for criminal liability, as the court imposes punishment within the sanction of the article. Also, when the court decides the issue of criminal responsibility of the perpetrator, the signs of the composition of the criminal offense will be crucial, and not the presence of aggravating circumstances. After all, the court must impose a penalty within the limits provided by the sanction of the article containing the elements of a particular offense. It is argued that the main feature that distinguishes serious consequences from other criminal offenses and from other aggravating circumstances is the significance of these circumstances, i.e. the significant strength of influence compared to other circumstances that characterize the severity of the crime and the perpetrator. Recognition of certain consequences as grave and classifying them as aggravating circumstances belongs to the court, which must thoroughly examine the evidence of the occurrence of such consequences and make a final decision.

scholarly journals Theoretical and Applied Issues of Standardization of the Terms of Prejudicial Inquiry before Handling a Charge Sheet to a Person

2020 ◽  
Vol 90 (3) ◽  
pp. 224-234
Author(s):  
Т. О. Кузубова
Keyword(s):  
Criminal Proceedings ◽  
Criminal Offense ◽  
Advantages And Disadvantages ◽  
Judicial Practice ◽  
Specific Term ◽  
Criminal Offenses ◽  
General Rules ◽  
Procedural Code ◽  
A Charge ◽  
Legal Consequences

The latest amendments to the Criminal Procedural Code of Ukraine, which are related to the terms of inquiry before handling a charge sheet to a person, have been studied. The author has carried out the analysis of judicial practice of applying the provisions of the Criminal Procedural Code of Ukraine regulating prolongation of terms of prejudicial inquiry of crimes before handling a charge sheet to a person depending on gravity of a crime and other criteria, which are guided in practice by investigators, prosecutors while determining the urgency of criminal proceedings. The author has compared legal positions of scholars and practitioners, in particular lawyers and prosecutors, on the advantages and disadvantages of establishing clear terms for prejudicial inquiry of crimes before handling a charge sheet to a person. The author has provided the legal assessment of the procedure to cease the criminal proceedings in case of expiration of the terms of prejudicial inquiry before handling a charge sheet to a person. The author has conducted a comparative analysis of the legal consequences of the two general rules of prejudicial inquiry, namely: uncertainty of the terms for prejudicial inquiry of criminal offenses before handling a charge sheet to a person in the Criminal Procedural Code of Ukraine and regulation of clear terms for prejudicial inquiry of crimes before handling a charge sheet to a person in the provisions of the Criminal Procedural Code of Ukraine. The emphasis has been placed on the fact that the specific terms of prejudicial inquiry according to the theory of criminal procedure, are determined in the criminal procedural legislation in accordance with the severity of the criminal offense. At the same time, the author has emphasized that the gravity of the committed criminal offense should not determine the presence or absence of a specific term of prejudicial inquiry in conjunction with all the legal consequences of its clear establishment. The author has distinguished a number of applied issues related to the establishment of clear terms for the prejudicial inquiry of crimes before handling a charge sheet to a person, as well as the application of the rule to cease criminal proceedings in case of their completion. The author has suggested the ways to solve practical problems on the outlined issue, in particular, propositions to exclude destructive provisions from the Criminal Procedural Code of Ukraine, namely provisions setting the terms for prejudicial inquiry of crimes before handling a charge sheet to a person, and related provisions.

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