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Криминалистика. Понятие и структура криминалистической методики (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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63. CONCEPT AND STRUCTURE OF CRIMINALISTIC METHODOLOGY

Methodology for investigating certain types of crimes - a branch of criminalistics that studies the patterns of organization and implementation of the disclosure, investigation and prevention of certain types of crimes in order to develop, in accordance with the requirements of procedural legislation, scientifically based recommendations for the most effective preliminary investigation.

Such patterns can be expressed in particular in the conduct of certain investigative actions in the investigation of certain types of crimes, in the establishment of circumstances to be proven.

Forensic methodology has the following tasks:

1) general - rendering assistance to law enforcement agencies in the fight against crime;

2) special tasks: studying the experience of disclosing and investigating certain types of crimes, developing evidence-based methodological recommendations for investigating and disclosing certain types of crimes.

The forensic methodology system includes:

1) general methods - the theoretical foundations of forensic methods:

a) subject, system, tasks, principles, sources of forensic methodology;

b) the connection between the methods of investigating crimes and other sciences;

2) private methods - a system of theoretically based recommendations that are applied in nature and are addressed to investigators (interrogators) in order to achieve more effective results in the detection, investigation and prevention of crimes of various types.

The sources of forensic techniques are:

1) norms of criminal procedure legislation;

2) practice of disclosure, investigation and prevention of crimes;

3) knowledge of the general provisions of forensic science, forensic technology, forensic tactics and other sciences (psychology, criminology, etc.).

Principlestaken into account when developing private forensic techniques are the main provisions that should be taken into account when developing private forensic techniques.

Recommendations for the investigation of certain types of crimes are given in accordance with the stages of the investigation. The following investigation steps:

1) the initial stage - the stage of production of initial investigative actions aimed at discovering and fixing evidence, ends with the implementation of urgent investigative actions;

2) the subsequent stage - carrying out subsequent investigative actions and operational-search measures, is aimed at collecting sufficient evidence to give grounds for accusing a person of committing a crime;

3) the final stage - begins from the moment the production of investigative actions is terminated and ends with the direction of the case to the prosecutor with an indictment.

Through the efforts of forensic scientists and legal practitioners, a large number of investigative techniques of various genres have been created. They are fixed in manuals, reference books published for investigators and bodies of inquiry.

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

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