Criminalistic Characteristics of the Crime in the Information Basis of the Support of the State Prosecution: Controversial Issues

The article analyzes the possibility of using the criminalistic characteristics of crimes as an element of the information basis of the methodology of maintaining public prosecution. In recent years, a significant number of theoretical papers and practical manuals have appeared, the authors of which believe its use in this capacity is absolutely necessary. At the same time, there are sufficient grounds to disagree with such opinions. The criminalistics characteristic was initially developed as a set of information about the typical circumstances of the commission of certain types of crimes at a certain level of abstraction. It can be accepted as a source material for putting forward a version about a person who committed a crime without eyewitnesses. It is advisable to appeal to her only in the absence of any useful information on the basis of which it is possible to put forward an acceptable version about this person, to determine the ways and means of her research. This circumstance practically eliminates the need to refer to the criminalistics characteristics of the prosecutor - the public prosecutor. He restores the picture of the crime, in the consideration of the criminal case about which he is to participate, on the basis of studying his materials, establishing the genuine, but not likely existing circumstances of the act prohibited by criminal law, incriminated to the accused. It is more correct for him to use at this stage a standard criminalistics methodology for investigating crimes of the appropriate type to clarify the issue of the exhaustive use by the investigative body of procedural and other means to ensure the comprehensiveness, completeness and objectivity of pre-trial proceedings in the criminal case under study. This conclusion can be reached not only by the results of the analysis of scientific papers and practical manuals, but also by studying the materials of the practice of prosecutorial supervision in pre-trial criminal proceedings and the maintenance of public prosecution. They testify to the inadmissibility of attempts to mechanically transfer the methods, means, techniques of criminalistics used in the identification and exposure of persons who have committed crimes to the stage of judicial proceedings, in which the prosecutor - public prosecutor carries out their criminal prosecution in other legal conditions. This does not exclude the use of certain forensic recommendations in the support of public prosecution, however, approaches to their definition should be balanced and more focused on the development of tactics for the fate of the prosecutor - public prosecutor in the judicial investigation in typical situations. arising at this stage of the trial.