Theoretical and legal analysis of the interaction between preliminary investigation authorities and forensic science institutions
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 2, Issue 2
Abstract
Conceptual principles, views and ideas on understanding the essence of the interaction between preliminary investigation authorities and forensic science institutions are analyzed in this article. The essence of requirements that should correspond to the interaction of preliminary investigation authorities with forensic science institutions is considered. On the one hand, it should be legal. It means that during implementation of its separate types and forms, methods and means provided by procedural norms should be used; only competent actors should participate in such interaction. On the other hand, they must comply with the principle of optimality that means obtaining the maximum effect in the final result. Procedural and organizational interaction forms of the indicated actors are studied. The procedural form of interaction of preliminary investigation authorities with forensic science institutions is determined by availability of regulated legal relations. These include: forensic scientist right to apply for submission of additional items and samples and other actions related to performing examinations; to present in the conclusion information revealed while performing examination that is important for criminal proceedings and for which the questions were not asked; ask questions about the subject matter and objects of research involved in criminal proceedings and so on. Universal types of organizational forms of preliminary inves-tigation authorities’ interaction include the following: exchange of information that can be carried out continuously within specified times and dates or interaction stages. Exchange of information can be complete and partial. This exchange can be useful only if information is fully transmitted without any misrepresentation, reduction or modification. These include: collective trainings, analysis and evaluation of information with the further drawing up of an action plan which implementation requires integrated use of forces and means; exchange of working experience; participation in joint meetings; collective discussion of work consequences , their assessment and definition of measures for improving further interaction; joint development and implementation of preventive measures using the achievements of science and technology for this work. The author's definition of the interaction between above mentioned subjects is proposed. It a complex of legislatively regulated, agreed upon by the purpose of joint measures to identify, consolidate and study sources of evidence in criminal cases aimed at achieving the purpose of preliminary investigation
Authors and Affiliations
Ye. M Popovych
Keywords
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- EP ID EP563422
- DOI 10.31733/2078-3566-2018-3-110-114
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