The specifics of criminalistic activity in criminal judicial process

A.V. Mishin

Kazan Federal University, Kazan, 420008 Russia

E-mail: av-mishel@mail.ru

Received February 6, 2017

Full text PDF

Abstract

The paper defines the concept, essence, means, and subjects of criminalistic activity in criminal judicial process.

The criminalistic activity in criminal judicial process is a complex of purposeful and regulatory proving activities performed by court (judge) and professional participants of the process, such as state prosecutor and defender (Art. 85 of the Criminal Procedure Code of the Russian Federation), by using criminalistic means, methods, and technologies. This type of activity in criminal legal investigation is characterized by the specifics in subject, objects, essence, means, and participants making and enforcing final decisions, as well as in what concerns criminal process legislation.

It has been demonstrated that the criminal process tactics involves court tactics, prosecution tactics, and defense tactics. The conclusion has been made that the efficiency of using tactic means of examining evidence in court depends on the consensus between all court participants.

The practical necessity for using the situational approach in criminalistic activity of professional subjects of criminal procedural proving has been substantiated.

Understanding the modern views on the nature of criminalistic activity in criminal judicial process promotes further evolution of the theory of criminalistic tactics and methodology, as well as favors the advance in judicial practice.

Keywords: judicial procedure, criminalistic activity, court, parties, tactics, tactical means, criminalistic recommendations

References

  1. Korchagin A.Yu. Organizational-tactical and methodological basics of criminalistic conditions for judicial examination of criminal cases. Extended Abstract of Doct. Leg. Sci. Diss. Moscow, 2007. 40 p. (In Russian)
  2. Belkin R.S. A Course on Criminalistics. Vol. 1. Moscow, Yurist', 1997. 408 p. (In Russian)
  3. Vozgrin I.A. Criminalistic tactics: Concept and subject of study. Vestnik Kriminalistiki, 2001, no. 2, pp. 6–14. (In Russian)
  4. Volchetskaya T.S. The Current State and Development of Criminalistics. Perspektivy i puti razvitiya sovremennoi kriminalistiki [Prospects and Development Paths of Modern Criminalistics]. Yablokov N.P., Shepit'ko V.Yu. (Ed.). Kharkov, Apostil', 2012, pp. 5–15. (In Russian)
  5. Kim D.V. Situational approach as a methodological basis of preliminary investigation and judicial examination of criminal cases. Extended Abstract of Cand. Leg. Sci. Diss., Barnaul, 2006. 49 p. (In Russian)
  6. Kirillova N.P. Procedural functions of professional participants in adversary judicial examination of criminal cases in courts of the first instance. Extended Abstract of Doct. Leg. Sci. Diss. St. Petersburg, 2008. 50 p. (In Russian)
  7. Korenevskii Yu.V. Criminalistics for Judicial Inquiry. Moscow, Tsentr YurInfoR, 2002. 196 p. (In Russian)
  8. Sycheva O.A. Judicial Inquiry Tactics. Ulyanovsk, Vektor-S, 2012. 239 p. (In Russian)
  9. Yakushin S.Yu. Problems of Criminalistic Tactics. Kazan, Izd. Kazan. Univ., 2015. 183 p. (In Russian)
  10. Golovin A.Yu. Systemic Means and Method in Criminalistic Science. Tula, Izd. Tul. Gos. Univ., 2013. 341 p. (In Russian)
  11. Muratova N.G., Rakhmatullin R.R. The unity and differentiation of tactics used during investigatory actions. Biblioteka Kriminalista. Nauchnyi Zhurnal, 2014, no. 6 (17), pp. 246–255. (In Russian)
  12. Yakushin S.Yu. Tactical Problems and Ways to Solve Them in Crime Investigation. Kazan, Izd. Kazan. Univ., 2014. 322 p. (In Russian)


For citation: Mishin A.V. The specifics of criminalistic activity in criminal judicial process. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2017, vol. 159, no. 2, pp. 504–511. (In Russian)


The content is available under the license Creative Commons Attribution 4.0 License.