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Криминалистика. Понятие и классификация частных методик расследования (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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64. CONCEPT AND CLASSIFICATION OF PRIVATE INVESTIGATION TECHNIQUES

Private investigation technique - part of the forensic methodology for investigating certain types of crimes, which provides recommendations for the investigation of various types of crimes.

Classification of private methods:

1) by volume:

a) complete - are developed for the entire process of investigating any type of crime;

b) abbreviated - guidelines for any one stage of the investigation;

2) depending on the attitude to the criminal law:

a) typical - methods built depending on the type of crimes;

b) special - methods, where the place of the crime, the identity of the offender or the victim (for example, the investigation of crimes in water or air transport) can be the grounds;

3) depending on the number of types of crimes:

a) comprehensive recommendations - are developed to investigate two or more related types of crimes;

b) specific;

4) in form:

a) practical and methodological aids;

b) textbooks;

c) monographs;

d) dissertation research;

e) other scientific works.

The structure of a private technique:

1) forensic characteristics - a set of features that are characteristic of a certain type of crime and are important for the investigation and prevention of crimes;

2) circumstances to be proven;

3) a crime investigation program - is developed taking into account typical investigative situations, for each investigative situation, its own algorithm of the investigator's actions is developed;

4) features of the tactics of preparing and conducting the most characteristic investigative actions;

5) features of the investigator's measures to identify and eliminate the causes and conditions that contribute to the commission of a crime.

Principles for developing investigation methods:

1) the conditionality of these developments by the needs of investigative practice (with this in mind, the topics of the methods, their structure, the range of issues under consideration, the solution of which requires methodological and forensic support, are determined);

2) taking into account and implementing the principle of legality when disassembling methodological recommendations (recommendations should proceed from the orientation of practitioners to the steady observance of the law, they must comply with the spirit and letter of the law and form a respectful attitude towards it);

3) complex use of legal and other sources of information (including: typical forensic models, data from criminal, economic statistics, legal and non-legal literature);

4) the use of the latest achievements of scientific and technological progress and advanced investigative experience, other areas of practical activity;

5) taking into account the connection and continuity between ongoing and previously conducted research in the same forensic field, between put forward and existing concepts;

6) the conditionality of the scientific development of methodological recommendations by the characteristics of the objects under study (investigated in criminal cases, events, criminal and investigative situations, etc.).

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

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