FORENSIC CHARACTERISTICS: THE CONCEPT AND ITS ELEMENTS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
On the purpose of effective investigation of a crime it is necessary not only give attention to operational-search measures and investigative experience, and also fully carry out research of the crime, study its characteristic, which in future can help to correctly identify the tactics of the investigation. In legal literature it can be seen, that a certain type of crime is analyzed by the following characteristics as criminal-legal, criminal-procedure, criminological and criminalistical. Practical using of criminological characteristic of separate types of crimes require a comprehensive approach connected with involvement of data of other types of characteristics, as they interrelated between themselves. Criminal-legal characteristic is formed on the base of analysis of the features of crimes, that are of importance for the solution of question about the existence of crime syllable, it correct qualification and clarify other criminal-legal questions. Criminological characteristic consists of systematized data about the dynamics of crimes, which are of importance during establishing it reasons and conditions promoting the commission of crimes and taking measures to eliminate it. It also includes data about the typical mechanism of criminal behavior allowing to elaborate a typology of offenders and other data, which are of importance for the practice of crime prevention. The base of criminal procedure characteristics represents the subject of proof (art. 64 CPC of Ukraine) – Procedure Institute, contents of which discloses requirements of the law about comprehensive, complete and objective investigation of the case circumstances and creates preconditions to find out, which range of particular circumstances should be set in each case. This characteristics also includes other states of procedural law, including those describing the peculiarities of cases defections of this category of infringement cases and the adoption of certain procedural decisions etc. Criminalistical characterization of crimes – is a system of interconnected criminalistical data about the elements of the crime syllable of certain types of crimes, contributing to their detection and investigation. There is no specific definition in the legal literature of what criminological characteristics is. In our opinion, criminological characteristics of crime syllable – is a system of features, which provide information about the identity of the offender and the victim, method and instrument of commission the crime and also the objective side of the crime.
Authors and Affiliations
О. М Гумін, М. М Коваль
Keywords
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