Forensic Methodology for the Study of Evidence and its Importance for the Subjects of Criminal Prosecution
- 作者: Isaenko V.N.1,2
-
隶属关系:
- University of the Prosecutor’s oh the Russian Federation
- Moscow State Regional University
- 期: 卷 14, 编号 5 (2021)
- 页面: 351-356
- 栏目: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531462
- ID: 531462
如何引用文章
详细
The article analyzes the issues related to the need to pay serious attention to the study and analysis of judicial methods of researching evidence when considering criminal cases. In the forensic science of practice, the opinion has been established that the methodology is a systematic grounded and positively approved practice legal means that optimize the process of detecting and investigating crimes. At the same time, the actual existence of a methodology for the forensic investigation of evidence is obvious as a system of procedural and other actions performed during the trial, not only by the parties, but also by the court, grouped into certain complexes according to the individual investigated circumstances of the case in order to verify the validity of the conclusions of the preliminary investigation body about their evidence. This reveals the similarity of the considered methods, based on coinciding principles, and, first of all, on the principle, of conditionality by subject of proof. Hoverer. Other principles are characterized by different content, which is due to a number of factors - the use one or the other methodology at different stages of criminal proceedings, different legal conditions and subjects of use, and others. An analysis of the content and specifics of the judicial methodology for researching evidence gives grounds for concluding that it is advisable to conduct a deeper study in order to solve the problems of improving the quality of preliminary investigation, prosecutorial supervision in pre-trial proceedings and maintaining public prosecution in order to eliminate shortcomings it the activities of criminal prosecution bodies.
全文:
作者简介
Vjacheslav Isaenko
University of the Prosecutor’s oh the Russian Federation; Moscow State Regional University
Email: viach.isaencko2015@yandex.ru
Dr.Sci.(Law), Professor, Professor of the Prosecutor’s Supervision over the Execution in Operational Investigative Activities and Prosecutor’s Participation in Criminal Proceedings Department; Professor of Criminal Procedure and Criminalistics Department Moscow, Russia
参考
- Baev O.Ya. Fundamentals of criminalistics: a course of lectures. - M.: Examinaton, 2001, p. 222.
- Komarov I.M., Ponomarenko N.Yu. Tactical complexes in crime investigation: monograph. - M.: Yurlitinform, 2018, p.26.
- Korma V.D. Methods of investigation of crimes: current state, problems: monograph. - M.: Yurlitinform, 2020. p. 5-6.
- Kustov A.M., Lapin V.O. Modern forensic practice and science (late XX - tarly XXI century): monograph in 2 volumes. . Vol. 2/ed. A.M.Kustov. - M.: Yurlitinform, 2021. p. 149.
- Selivanov N.A. Soviet criminalistics: a system of concepts: monograph. - M.: Jurid.lit., 1982. H. 121.
- Selivanov N.A., Tanasevich V.G., Eisman A.A., Yakubovich N.A. Soviet criminalistics. Theoretical problems: monograph. - M.: Jurid.lit., 1979, p. 191.
- Sociological Encyclopedic Dictionary/Ed.-coord. G.V. Osipov. - M/: INFRA-M NORMA, 1998. P. 319.