THE RETURN OF CRIMINAL CASES FOR THE PRELIMINARY INVESTIGATION (ON THE EXAMPLE OF ERRORS IN THE CASE OF THE PARTICIPATION OF AN INTERPRETER)

2021 ◽  
pp. 57-61
Author(s):  
В.О. Захарова
Keyword(s):  
Preliminary Investigation ◽  
Criminal Proceedings ◽  
Criminal Cases

Автором проанализированы основные положения участия переводчика в уголовном судопроизводстве. Даны рекомендации по осуществлению взаимодействия следователя с переводчиком. Приведены типичные ошибки, возникающие при участии переводчика в уголовном судопроизводстве и даны рекомендации по осуществлению взаимодействия переводчика со следователем. The author analyzes the main provisions of the interpreter’s participation in criminal proceedings. Recommendations are given on the implementation of the interaction of the investigator with the translator. Typical errors that occur with the participation of an interpreter in criminal proceedings are presented and recommendations are given for the interaction of an interpreter with an investigator.

scholarly journals Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process

2020 ◽  
Vol 15 (4) ◽  
pp. 55-60
Author(s):  
A. Yu. Cherdantsev
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Current Status ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Significant Information ◽  
Current State ◽  
The Russian Federation

The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.

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.

Priming and Its Effects in Obtaining Forensically Relevant Information

2021 ◽  
pp. 207-212
Author(s):  
Alexey A. Bessonov ◽  
◽  
Alexandra A. Gaivoronskaya ◽  
◽  
Keyword(s):  
Preliminary Investigation ◽  
Cognitive Activity ◽  
Psychological Trauma ◽  
Human Memory ◽  
Relevant Information ◽  
Long Term Memory ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Significant Information ◽  
Priming Effects

The article deals with the phenomenon of priming, its effects in obtaining and evaluating the testimony of interrogated persons in criminal cases. The problem of obtaining evidence is central to the criminal process and is considered as a system of actions of participants in the preliminary investigation related to the knowledge and modeling of past events, forecasting the investigation process in the future and obtaining evidentiary and orienting information. The analysis of the studied materials of criminal cases on 1,300 crimes against life and health, sexual integrity and sexual freedom of the individual showed that, in the structure of evidence, the testimony of witnesses, victims, accused persons (suspects) occupies more than a half (54.7%). An important role in obtaining and evaluating the testimony of persons questioned in a criminal case is played by priming, which promotes the activation of behavioral and trace manifestations of human memory in order to reproduce complete and objective forensically significant information in the testimony. The object of the study was the activity of the interrogator and the interrogated person video recorded during the criminal proceedings in the situation of interrogation. The empirical basis of the study was materials of more than 250 criminal cases (murders, rapes, crimes against property, etc.), of which more than 302 video materials of interrogations were viewed. When the interrogated person is ready to give evidence, but for some reason (physiological, psychological) cannot do it, the use of priming effects will help to change this situation in a favorable direction. In conflict situations of interrogation, the use of priming effects helps to correct the unconscious manifestations of psychological defenses, reduce the manifestations of psychological trauma, and establish psychological contact. The analysis of the content of information at an unconscious level, the search for features and categories (comparison with memory standards) is associated with the detection of this information in the space (array) of implicit memory; at the same time, the criteria for such a selection are determined by long-term memory that preserves standards, motivational attitudes and ways of processing input information. Local effects of unconscious information are reflected in conscious cognitive activity, especially in the study of investigative situations. The use of such tactics contributes to the investigation of crimes. The potential for using priming effects in conducting investigative actions aimed at obtaining the testimony of participants in the pretrial stage of criminal proceedings (witnesses, victims, suspects, accused persons) expands the possibilities for obtaining information. The tactic of using priming in the investigation of criminal acts requires a deeper scientific study and experimental confirmation.

Genesis of the Criminal Procedure on Liability of Legal Persons on Russia

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Ольга Семыкина ◽  
Olga Semykina
Keyword(s):  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Judicial Reform ◽  
Remedial Measures ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Positive Assessment ◽  
Legal Entities

The article deals with the legislative and doctrinal precondition of criminal liability of legal persons, which are accumulated a concept formed the basis of the judicial reform of 1864. The author studies the practice the first phase of the introduction in to the Russian criminal procedure enforcement of the measures applicable to legal persons for acts committed during preliminary investigation of crimes. In this context, the article lays emphasis on the norms of the Charter of criminal proceedings of 1864, which contain the procedural peculiarities of the application of such a measures to legal entities as closure, as well as monitors the judicial practice on the criminal liability of legal persons. The article gives a positive assessment of the approach of the legislator to the possibility of the implementation of remedial measures in criminal proceedings on such corruption crimes as crimes against property and income of the treasury. Given these positions, the author comes to the conclusion of the possibility of application of measures of criminal procedure liability of legal persons under preliminary investigation in criminal cases of crimes that infringe on budget forming industries.

scholarly journals PECULIARITIES OF PROCEDURAL PROCEDURE FOR INITIATING CRIMINAL CASES OF TAX OFFENCES

2021 ◽  
Vol 31 (1) ◽  
pp. 133-141
Author(s):  
V.Yu. Stelmakh
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Tax Law ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Public Interests ◽  
Legal Nature ◽  
Second Procedure

The article analyses the peculiarities of the procedural procedure for initiating criminal cases of tax offences. The initiation of criminal proceedings for these crimes is of a public and legal nature, combining two public interests. The first interest is due to the need to initiate criminal proceedings in connection with the detection of a criminal act. The second interest is caused by the task of ensuring full payment of taxes. On this basis, when initiating criminal proceedings for a tax offence, a participant such as a tax authority carrying out certain criminal proceedings appears. The Modern Criminal Procedure Act provides for two procedures for initiating criminal proceedings under the category of offences under consideration. The first procedure applies in cases where the fact of the tax offence is revealed by the tax authority. The application to the preliminary investigation body is preceded by a procedure regulated by tax law to apply to the taxpayer in order to obtain payment of tax from him. Only in case of failure of the taxpayer to comply with this obligation and only after the expiry of certain terms the tax authority transmits the information to the preliminary investigation body. The second procedure is used in cases where the fact of the commission of a tax offence is identified directly by the preliminary investigation body. In this case, the tax authority gives an opinion on the existence in the taxpayer 's actions of the elements of the tax offence and provides calculations on the amount of the shortfall.

CURRENT ISSUES OF CRIMINAL PROCEEDINGS AGAINST MINORS IN THE CONTEXT OF MODERN REALITY

2021 ◽  
Vol 7 (2) ◽  
pp. 152-164
Author(s):  
Svetlana V. Verkhoturova ◽  
Oksana V. Pavlenko
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
International Standards ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Legal Method ◽  
Criminal Procedure Law ◽  
Made In

This article examines the current theoretical and practical issues of criminal proceedings against minors in the light of recent changes in the criminal procedure legislation. The research was conducted using formal-logical and dialectic methods, as well as the comparative-legal method when analyzing criminal and legal proceedings against minors. The authors conclude that a number of existing criminal procedure norms regulating the preliminary investigation and consideration of criminal cases in court against minors do not meet international standards and require further improvement. This article draws attention to the procedural errors of investigators (inquirers) and judges that are allowed in the process of investigation and consideration of criminal cases in court in relation to minor suspects, accused persons, defendants. The lack of sufficient legal regulation in the criminal procedure law is called the main reason for the mistakes made in the criminal proceedings against minors. In order to solve the identified problems, the authors propose to make appropriate additions to the current criminal procedure law.

scholarly journals Problems of Qualifying Crimes Under Article 273 of the Criminal Code of the Russian Federation at the Stage of Initiating Criminal Proceedings

2018 ◽  
Vol 12 (4) ◽  
pp. 590-600 ◽  
Author(s):  
Konstantin Evdokimov ◽  
Nikolai Taskaev
Keyword(s):  
Russian Federation ◽  
Political Identity ◽  
Preliminary Investigation ◽  
Economic Damage ◽  
Russian Society ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Russian Federation ◽  
The Creation ◽  
Court Practice

At present public relations in all most vital spheres of the life of Russian society (science, education, economy, finance, defense, public safety, etc.) are seriously threatened by cybercrimes, which are constantly evolving and changing acquiring a transnational, organized, economic and political identity in the Russian Federation. The economic damage inflicted on the Russian society by cybercrimes is tremendous and could be counted in hundreds of billions of rubles and, sadly, is it growing from year to year. Especially difficult is the investigation of cybercrimes connected with the creation, use and dissemination of harmful software (Art. 273 of the CC of the RF). The use of harmful software is often a method of committing other crimes and reaching other criminal goals not immediately connected with damaging computer information protected by law. There are no clarifications of the Supreme Court of the Russian Federation regarding the court practice on criminal cases of cybercrimes, and the investigators make numerous mistakes in the legal assessment of criminal actions at the stage of initiating criminal proceedings as well as at other stages of preliminary investigation. Meanwhile, the legal qualification of cybercrimes at the stage of initiating criminal proceedings has a fundamental importance for resolving most vital legal and procedural problems in the investigation of such crimes as well as for the court hearing and passing a fair guilty verdict on a case. The authors analyze Russian court and investigation practice on criminal cases involving the creation, use and dissemination of harmful software as well as related offences. They offer recommendations on the most complete legal definition of crimes under Art. 273 of the CC of the RF and present their suggestions on improving court practice at the stage of initiating criminal proceedings.

scholarly journals The Concept of Lie and Its Identification in Criminal Proceedings

2021 ◽  
Vol 9 (SPE2) ◽  
Author(s):  
Igor Olegovich Antonov ◽  
Guzel Vilsurovna Burganova ◽  
Guzel Vilsurovna Burganova ◽  
Yulia Mukhametdinovna Nasyrova
Keyword(s):  
Rapid Detection ◽  
Theoretical Basis ◽  
Preliminary Investigation ◽  
Practical Work ◽  
Criminal Behaviour ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Comprehensive Investigation ◽  
Face To Face ◽  
Methods And Techniques

In today's Russian environment, special attention in the work of preliminary investigation agencies is paid to the development and implementation of the latest methods and techniques for countering criminal behaviour. Essential to the timely and rapid detection of a crime and to the objective and comprehensive investigation of criminal cases is the high professionalism of the staff of preliminary investigation agencies, as well as their skills and abilities in practical work, which are undoubtedly based on scientific research on ways to identify criminal acts, expose guilty persons and prevent them from evading punishment. One form of counteracting the investigation of a criminal case is the giving of false testimony by subjects of criminal proceedings during questioning and face-to-face confrontation. This paper presents the theoretical basis for the diagnosis of lies, reveals the concept of lies, its main types, tactical features of the recognition of lies in the production of individual investigative actions; it also considers the problem of evaluating the truthfulness of testimony taking into account the features of personality of a person.

Problems of the legal status of the prosecutor on criminal private accusation cases

2020 ◽  
Vol 2020 (3) ◽  
pp. 123-132
Author(s):  
Pavel Titov
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
Theoretical Models ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Investigation ◽  
Criminal Procedure Law ◽  
A Charge

Introduction. Relevance of the research topic. Criminal proceedings are generally based on public law, which involves the participation of a prosecutor in criminal cases, who performs two main functions: criminal prosecution and supervision of the procedural activities of the preliminary investigation bodies. In cases of private prosecution, however, taking into account the specifics of initiating criminal prosecution, the lack of stages of initiation of criminal proceedings and preliminary investigation and the collection of the bulk of evidence by a private prosecutor, the Prosecutor cannot perform the same functions as in cases referred to public prosecution. Problem statement. Science did not use to pay much attention to the powers of the Prosecutor for criminal cases of private prosecution. Even in scientific works directly dealing with the issue, only concise norms of the criminal procedure law, without their detailed disclosure and specification, were mainly reproduced. Goals and methods. The aim of the research is to develop an optimal theoretical model of the prosecutor’s participation in criminal cases of private prosecution and to formulate a list of their powers. The work is based on the dialectical and materialistic method, which involves a comprehensive study of phenomena, their interactions being taken into account. Such methods as formal and legal, analysis and synthesis, deduction and induction have also been used. Results and key conclusions. The author makes suggestions about possible theoretical models of the Prosecutor’s participation in the category of cases under consideration, points at their defects and, as a result, suggests his own conceptual model. Attention is drawn to the fact that the attorney cannot go over to the side of the prosecution and should not be granted rights attributed exclusively to the private Prosecutor: to formulate a charge, to define people to be brought to justice, to petition for reconciliation with the accused. The Prosecutor in the cases of private prosecution procedure should preserve neutrality. At the same time, their participation is intended to make up for the characteristic features of the victim, which make it difficult for the latter to defend their right for justice and to be protected from crime. The paper formulates procedural rights the Prosecutor in a private prosecution case should be provided with and gives reasons for the Prosecutor’s necessity to give an opinion on the case, disclosed to the court and the parties at the end of the judicial investigation. It is stated, that the Prosecutor for private prosecution performs functions that are neither criminal prosecution nor supervision of the investigation bodies. They exercise supervision over the legality of the actions of the participants in criminal proceedings on behalf of the defense and prosecution in order to ensure the validity of the decision.

scholarly journals Necessity to Reject Pre-Trial Inquiry as a Procedural Form of Investigation

2020 ◽  
Vol 15 (9) ◽  
pp. 80-92
Author(s):  
O. A. Malysheva
Keyword(s):  
Preliminary Investigation ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Independent Form ◽  
The Russian Federation ◽  
The Right

A comparative legal analysis of procedural forms of inquiry and preliminary investigation leads to a conclusion about their similarity, as well as the similarity of procedural statuses of an investigator and interrogator (a person conducting an initial inquiry). This shows that the State distributes forces and resources in the field of criminal justice irrationally. At the same time, the existence of two similar forms of investigation does not lead to an improvement in the legality and quality of criminal cases investigation. On the contrary, this contributes in some cases to their deterioration (reasonable timing of proceedings in criminal cases, compensation of damage caused by crimes to victims), as confirmed by the data provided in the paper. The consolidation of similar procedural forms of investigation in the Code of Criminal Procedure of the Russian Federation proves that the national historical experience of the organization of investigation of crimes under the 1864 Charter of Criminal Proceedings is ignored. This means an unreasonable refusal to reform criminal proceedings, the necessity and directions of which were identified by the 1991 Concept of Judicial Reform of the RSFSR . The consequences are manifested in the narrowing of procedural guarantees of the right to protection of persons whose criminal cases are investigated in the form of an inquiry; in the forced violation of the rule of law by interrogators during investigation of criminal cases when initiating a criminal case on a non-obvious crime; in delaying proceedings in criminal cases initiated and investigated initially by interrogators and then for a number of reasons referred to investigators for further investigation, etc. These problems cannot be solved by constantly improving the legal regulation of the procedural form of inquiry. The written above testifies futility of the procedural form of inquiry, justifies the necessity of its elimination from the Russian criminal proceedings as an independent form of investigation.

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