THE USE OF WITNESS TESTIMONY IN PROOF OF CRIMINAL CASES

2019 ◽  
Vol 29 (5) ◽  
pp. 692-696
Author(s):  
T.A. Shmareva ◽  
A.I. Shmarev
Keyword(s):  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Witness Testimony ◽  
New Evidence

The article considers the problems associated with the use in proving the testimony of persons with a transforming criminal procedural status. A concrete example of the use of witness testimony in proving a criminal case is described, the process of establishing the truth in which was complicated by the opposition of the defense. During the court session, the prosecution's witness withdrew from the testimony he had given at the preliminary investigation stage, explaining this by the pressure exerted on him by the investigator, which fully satisfied the defense. Thanks to the creative approach and activity of the prosecution, it was possible to obtain new evidence, which allowed not only to expose the witness in giving knowingly false testimony in court, but also to convince the court of the guilt of the defendant, in whose favor the witness changed his testimony.

Crimes in the field of illicit trafficking in narcotic drugs, psychotropic, potent and poisonous substances: topical issues of criminal liability

2021 ◽  
pp. 704-715
Author(s):  
Dmitriy V. Bondarev
Keyword(s):  
Final Stage ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Illicit Trafficking ◽  
Narcotic Drugs

We consider current issues related to the prosecution of persons guilty of committing crimes in the field of illegal circulation of narcotic drugs, psychotropic, potent and poisonous substances. We analyze the problematic moments that arise at the final stage of the investigation of criminal cases of this category, in particular, upon notification of the end of the preliminary investigation and at the stage of familiarization with the materials of the criminal case on crimes related to the illegal circulation of narcotic drugs and psychotropic substances. We pay attention to the gaps in modern legislation in the area under consideration, we have made suggestions for its im-provement.

Bail as a Preventive Measure: Some Problems and Ways to Improve Effectiveness

2021 ◽  
pp. 62-65
Author(s):  
Aleksey I. Tsyretorov ◽  
◽  
Andrey G. Anisimov ◽  
Keyword(s):  
Social Justice ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Activity ◽  
Significant Problem ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
State Revenue ◽  
Justice Restoration

The bail serves to reduce the likelihood of the situation when the suspect or the accused flees from inquiry, preliminary investigation or trial, continues the criminal activity; threatens a witness and (or) other participants in criminal proceedings, destroys evidence, or otherwise obstructs a criminal case proceedings. Drawing on the structure of crimes committed in Russia, with more than half being property crimes such as theft and fraud, choosing bail as a preventive measure, if possible, seems to be a logical and apparently popular measure due to several circumstances. Most of the mercenary crimes are motivated by the illegal acquisition of property or money. Consequently, bail as a restraint measure affects the lucrative motivation of the suspect or the accused and is often adequate to the damage caused. A significant problem of social justice restoration in most criminal cases is the compensation for damage or harm, which in most cases is measured in monetary and property terms. In this case, the bail could become a real mechanism for compensation for such harm, because money or property in the case of bail is already available at the time of the trial and could be used to compensate for the harm caused. However, in reality, such compensation is not used. The conversion of bail to state revenue in case of violation by the accused or suspect of obligations related to the bail does not contribute to the solution of this problem.

scholarly journals Evaluating witness testimony: Juror knowledge, false memory, and the utility of evidence-based directions

2021 ◽  
pp. 136571272110310
Author(s):  
Rebecca K. Helm
Keyword(s):  
False Memory ◽  
Evidence Based ◽  
Criminal Cases ◽  
Witness Testimony ◽  
Basic Direction ◽  
Lay Beliefs ◽  
Accurate Knowledge ◽  
Mock Jury ◽  
Juror Knowledge ◽  
New Evidence

Eyewitness evidence is often important in criminal cases, but false or misleading eyewitness evidence is known to be a leading cause of wrongful convictions. One explanation for mistakes that jurors are making when evaluating eyewitness evidence is their lack of accurate knowledge relating to false memory. This article examines lay beliefs relating to memory and ways in which they diverge from expert consensus. It identifies ways in which current directions provided to jurors in this area are likely to be deficient in influencing juror knowledge and in helping them apply that knowledge in a case context, and develops criteria that can be used to assess the likely effectiveness of directions. A new evidence-based training direction is designed based on these criteria, and tested in a mock jury study (N = 411). Results suggest that the proposed direction is more effective than a basic direction in influencing juror knowledge and facilitating the application of that knowledge to case facts.

Expert’s Opinion Evaluation and Use of Forensic Examination Results in Criminal Cases Related to Penal Institutions

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Евгений Назаркин ◽  
Evgeniy Nazarkin
Keyword(s):  
Preliminary Investigation ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Daily Routine ◽  
Remedial Measure ◽  
Criminal Cases ◽  
Penal Institutions ◽  
Expert’S Opinion ◽  
Case Files

The article reveals general criteria for evaluating expert’s opinion, in particular, expert’s participation at the end of the preliminary investigation (inquiry) and during drafting of the indictment (crime bill), interaction between the investigator and the expert in identification and remedy of causes and conditions that facilitated the commission of the crime. The article considers two different methods of assessing expert’s opinion: the internal, which is confined to logical analysis of the opinion, understanding consistency of the scientific and technical means and methods of the research, applied by the expert, the nature of the identified features and their role in justification of the drawn conclusions; and the external, that assesses the opinion in the legal, procedural respect, and observance of the rights of the participants in a criminal case, as well as in relation to all criminal case files. Expert’s participation at the end of the preliminary investigation (inquiry) and during drafting of the indictment (crime bill) comes down to advice about the performed examinations, determination of the place and importance of the expert’s opinion in the totality of the available evidence collected for the criminal case. The interaction between the investigator and the expert in remedy of causes and conditions that facilitated the commission of the crime in penitentiary system of Russia is regarded as a daily routine in penal crimes’ investigation and a remedial measure with the purpose of prevention such crimes in future. As part of the study the author analyzed 60 files of criminal investigation on penalty crimes in various regions of Russia. The author highlights peculiarities and suggests conclusions after considering case studies on the issue. The research methodology involves the use of such techniques as analysis, synthesis, induction, interviewing and others.

scholarly journals Expert Opinion and Witness Testimony as Key Evidence in Criminal Cases on Incitement to Suicide

2019 ◽  
Vol 13 (6) ◽  
pp. 971-979
Author(s):  
Elena Bryanskaya ◽  
Vadzim Samaryn
Keyword(s):  
Expert Opinion ◽  
Objective Assessment ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Witness Testimony ◽  
Timely Initiation ◽  
Assessment Of Evidence ◽  
Court Practice ◽  
Legal Force

For the last five years Belarus and Russia have been among the top five countries for suicide indices. Their rise was caused by the activities of destructive groups in social networks. Experience shows that criminal proceedings for many criminal cases connected with suicides were terminated due to the absence of a crime. Thus, a thorough collection of evidence for this category of criminal cases becomes especially vital. When analyzing the court practice of incitement to suicide, the authors concluded that the most persuasive evidence is expert opinion and witness testimony. Besides, such written documents as medical cards (medical records) of potential suicides have high probative value in the investigation of criminal cases. Timely initiation and conduction of expertise could reveal signs of incitement to suicide, for example, using physical violence against the victim or a staged suicide. As the Criminal Procedure Code sometimes prescribes an expertise for a specific criminal case, such expert opinion will become a key source, a type of evidence that, at the level of a judge’s inner conviction, will have significant legal force when assessed together with other evidence. Thus, it is possible to discuss evidence that has key value, but, at the same time, it should be connected with other information on the criminal case, and together they should make up an integral crime narrative. The European Court of Human Rights introduced a concept of «key evidence» in the practice of criminal proceedings. The analysis of court practice allowed the authors to suggest that key evidence is information that acts as the main fact and is included in the subject matter of the case. This conclusion does not contradict the rule of free assessment of evidence: during such assessment, none of the evidence has predetermined, preconceived legal force. Only when the evidence is harmonized, it is possible to talk about a comprehensive investigation and an objective assessment of evidence.

scholarly journals Efficiency of Prosecutor's supervision over the implementation of laws by preliminary investigation bodies at the stage of initiation of criminal cases on crimes in the budget sphere

2020 ◽  
pp. 150-160
Author(s):  
А. Е. Лебедева Скачкова
Keyword(s):  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Cases

В статье рассматривается проблематика неотвратимости уголовной ответственности за преступления в бюджетной сфере на стадии разрешения вопроса о возбуждении уголовного дела с позиции эффективности деятельности государственных органов, значение и роль органов прокуратуры. The article examines the problem of inevitability of criminal liability for crimes in the budgetary sphere at the stage of resolving the issue of initiating a criminal case from the standpoint of the effectiveness of the activities of state bodies, the importance and role of prosecutors.

scholarly journals Modern Problems of Reforming Preliminary Investigation in the Russian Federation

2019 ◽  
Vol 13 (3) ◽  
pp. 477-488
Author(s):  
Yuri Skuratov
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Structural Changes ◽  
Current System ◽  
Preliminary Investigation ◽  
Basic Structure ◽  
Criminal Case ◽  
Criminal Cases ◽  
The Russian Federation ◽  
The Right

The paper studies key areas of reforming the institute of preliminary investigation in the Russian Federation. The author does not support the position that reduces key problems of reforming criminal cases’ investigation to different organizational and structural changes, to the establishment or abolishment of some agencies. The reform should be based on diverse and, at the same time, systemic measures, including: the conceptual elaboration of the investigation reform; the systematization of the subject, the object and the very procedure of investigation; the rationalization of organizational and management structures of preliminary investigation; the optimization of the system of public and state control over investigation; the improvement of the relations between the investigation authorities and the public prosecutor’s office; the introduction of changes in the mechanism of cooperation between operational search and investigation authorities; the optimization of relations between investigation authorities and the court; the implementation of a complex of measures aimed at improving the professionalism of investigation officers, raising their general and legal cultural level, creating optimal conditions for their work; the reform of the investigation infrastructure. One of the key areas of reforming preliminary investigation is, according to the author, the restoration of the previously abolished supervision authority of the prosecutor’s office (the authority to initiate a criminal case; the right to issue obligatory directions for the investigator; the authority to terminate a criminal case on any grounds provided by law). Practice has shown that the current system of procedural control over the investigation of criminal cases is weak and does not prevent numerous mistakes and oversight of investigation officers. One scenario of a large-scale investigation reform, according to the author, includes the preservation of the Investigative Committee of the Russian Federation, making it the basic structure for the organization of an inter-agency investigation authority.

LEGAL STATUS OF THE HEAD OF INQUIRY DEPARTMENT: SUBSTANCE, STRUCTURE, CHARACTERISTICS

2020 ◽  
pp. 54-59
Author(s):  
S. V. Yunoshev ◽  
◽  
V. V. Ubasev ◽  
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Department Head ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Process ◽  
Structure Characteristics ◽  
Legislative Regulation ◽  
Subjective Rights

The paper deals with the problem of determining the legal status of the head of an inquiry department and its legislative regulation. The authors note that the head of an inquiry department is an official of an agency of inquiry authorized to exercise criminal procedural powers as prescribed by law. The study shows that the structure of legal status of the inquiry department head includes the procedural powers of three types: administrative powers towards an investigator; powers for initiation of proceedings, committal for trial, and investigation of a criminal case, as well as the imposition of obligations on management of an investigators’ group; subjective rights exercised by an inquiry department head in the process of exercising the abovementioned authorities. The paper compares separate elements of the legal status of the inquiry department head with those of the legal status of other criminal process members: head of an agency of inquiry, head of an investigating authority, and a prosecutor. In particular, the paper states that the head of an investigating authority is more an individual procedural figure than the head of an inquiry department. The analysis of legislative provisions specified in the RF Criminal Code shows that the head of an investigating authority has rather more powers influencing the preliminary investigation course than the head of an inquiry department. As for the powers of the head of an inquiry agency, they partially repeat those of the inquiry department head. The paper states that such a state of matters negatively influences the implementation of activities on the criminal cases preliminary investigation in the form of an inquiry. The authors suggest two ways of solving the problem of duplicating the elements of the legal status of the head of an inquiry agency and the inquiry department head. The top choice of them is to exclude from the legal status of the head of an inquiry agency those procedural powers through which the control for the activity of the subjects carrying out the preliminary investigation in the form of inquiry is performed.

Pre-trial proceedings in a criminal case

2021 ◽  
Author(s):  
Sergey Rossinskiy
Keyword(s):  
Graduate Students ◽  
Master's Degree ◽  
Preliminary Investigation ◽  
Educational Programs ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Modern System ◽  
Master’S Degree

The genesis of the Russian pre-trial proceedings in a criminal case is considered and the reasons that predetermined its modern system are analyzed. The purpose of pre-trial proceedings is highlighted; the procedural status of subjects authorized to initiate and preliminary investigation of criminal cases is disclosed. The essence is characterized and the legal conditions for the implementation of pre-trial stages of criminal proceedings are considered. The article describes in detail the criminal procedural mechanisms included in the content of pre-trial proceedings: investigative actions, forensic examinations, "technical" methods of collecting evidence, measures of criminal procedural coercion, the procedure for bringing as an accused and the end of the preliminary investigation. For students and students of universities who master the educational programs of the master's degree in legal orientation. The textbook may be useful for students, cadets and trainees studying under bachelor's and specialty programs, researchers and practitioners, teachers, graduate students (adjuncts).

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

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

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