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Криминалистика. Понятие и виды криминалистических версий (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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41. CONCEPT AND TYPES OF FORENSIC VERSIONS

Forensic version - a reasonable assumption regarding a separate fact or group of facts that are or may be important for establishing the truth in the case, indicating the existence and explaining the origin of these facts, their relationship with each other.

Versions contribute to a comprehensive, complete and objective study of the circumstances of the case, they are the organizing beginning of planning the investigation of the case and individual investigative actions, they determine the direction of the investigator’s activities in acquiring and increasing first probable knowledge, and then reliable knowledge.

Version development stages:

1) occurrence;

2) analysis (development) of the proposed assumption and determination of a number of consequences that logically follow from this assumption;

3) practical verification of the alleged consequences and their comparison with what, as a result of the verification, is established in reality. If this comparison shows that the consequences logically deduced by analyzing the content of the version do not really exist, then the version put forward does not correspond to objective truth and must be rejected. If the alleged consequences correspond to the established facts of reality, then this will prove that the version put forward is consistent (probable).

There are the following types of versions:

1) according to the subject of nomination:

a) investigative - arise in the process of inquiry and investigation;

b) operational-search - arise in the process of operational-search activities;

c) judicial - arise in the process of judicial proceedings;

d) expert - arise in the course of expert research;

2) by volume:

a) general - assumptions covering the installed object as a whole;

b) private - explain its individual elements, circumstances;

3) according to the degree of certainty:

a) typical - most typical for a given situation from the point of view of the relevant branch of scientific knowledge or general practice of forensic research (operational search, investigative, judicial, expert), a presumptive explanation of individual facts or an event as a whole, the result of a scientific generalization of judicial, investigative, expert , forensic investigative practice, typical versions are described in the relevant collections, teaching aids, etc.;

b) specific - are put forward during the investigation of a specific case based on specific circumstances;

4) according to the degree of probability:

a) unlikely - have a small probability of reliability;

b) the most probable - have a high probability of reliability;

5) by build time:

a) initial - arise at the initial stage of the investigation before the start of the investigator's activities to verify them, often arise already during the inspection of the scene;

b) subsequent - arise at subsequent stages of the investigation;

6) in relation to the subject of proof:

a) accusatory - confirm the guilt of the suspect (accused);

b) acquittal - refute the guilt of the suspect (accused).

Authors: Aleinikov A.G., Salova E.E.

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