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

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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

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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)

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