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Криминалистика. Построение и проверка версий. Выведение следствий из версий (самое важное)

Lecture notes, cheat sheets

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42. BUILDING AND VERSIONING. DERIVATION OF CONSEQUENCES FROM VERSIONS

Versions should be based on certain factual data, which can be divided into two groups:

1) data obtained from various sources related to the crime under investigation. They may be contained in court evidence, materials of operational-investigative activities, official checks, statements of citizens, press reports and other sources. When building versions based on the data of this group, mainly such logical methods and forms of thinking as analysis and synthesis, direct and indirect inferences are used;

2) information resulting from scientific generalizations not directly related to a specific criminal case. These are data of natural, technical and other sciences and information gleaned from the life and professional experience of the investigator, generalizations of investigative, judicial and expert practice.

Version requirements:

1) a real possibility, fundamental verifiability;

2) substantiation by established facts;

3) relative simplicity, having a clear, unambiguous formula;

4) applicability to a wider range of phenomena established during the investigation.

Checking forensic versions - activities aimed at establishing factual circumstances that confirm or refute the assumption that constitutes the content of the version. Verification is based on a logical analysis and assessment of the available information, it is carried out through the production of investigative actions and operational search activities.

Version checking includes:

1) derivation from the version of all possible consequences, i.e., the formation of judgments about circumstances that have not yet been established, but are possible;

2) determination of methods, means and ways of establishing the alleged consequences arising from the accepted version (determination of the elements that make up the content of the investigation plan in the case), making tactical decisions;

3) the practical implementation of the investigation plan through the performance of investigative actions and operational-search measures to obtain data confirming or refuting the version;

4) an assessment of all the collected evidence that substantiates the conclusion that one of the versions being tested is true and the rest are false.

The version is checked from the standpoint of its correspondence to reality until it has received full confirmation, or has not been refuted and has not disappeared. She confesses valid if:

1) all kinds of assumptions regarding the circumstance of the crime being verified were put forward and no other version regarding the same circumstance emerged during the entire investigation based on new, additional data;

2) all the versions put forward about this circumstance were checked, and all, with the exception of one that found objective confirmation, were refuted and disappeared;

3) all the consequences, logically deduced from the confirmed version, were comprehensively investigated and found confirmation, i.e., discovered in reality;

4) the confirmed version is in full compliance with all other circumstances of the case.

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

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