Pinchuk L.V. —
Checking the testimony on the on-site inspection during the investigation of traffic crimes
// Security Issues. – 2024. – ¹ 4.
– P. 67 - 77.
DOI: 10.25136/2409-7543.2024.4.72380
URL: https://en.e-notabene.ru/nb/article_72380.html
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Abstract: The subject of the study is the patterns of collecting, researching, evaluating and using evidence during the on-site inspection testimony verification in the investigation of traffic crimes. To clarify these patterns, the author refers to literature sources on this issue. The author uses materials of judicial practice, criminal procedure legislation of the countries of the Commonwealth of Independent States (CIS). The author substantiates the importance of checking the testimony on-site in order to prove the circumstances of a traffic crime and, in particular, to obtain initial data on which a forensic automotive technical examination will be appointed. The article analyzes the legally fixed purpose of checking the testimony on-site and indicates the need to specify it. As additional purpose of this investigative action is proposed the verification of previously obtained testimony. The methodological basis of the study is the method of critical analysis, the method of legal modeling, the comparative legal method and the method of observation. The scientific novelty of the study lies in the fact that the author considers the goals of checking on-site testimony in the investigation of traffic crimes. New material on the topic under study is summarized: official statistics data for the first nine months of 2024, examples from judicial practice for 2024, and the author's experience in investigating traffic crimes as an investigator of internal affairs bodies is used. A comparative analysis of the criminal procedure legislation of the CIS member states on the issue of regulating the purposes of checking testimony on-site is carried out. The main conclusions of the scientific research are: firstly, the conclusion about the insufficiency of the legally fixed purpose of checking testimony on-site in Article 194 of the Code of Criminal Procedure of the Russian Federation; secondly, the conclusion about the need for a separate purpose - checking previously obtained testimony; thirdly, the conclusion about the importance of highlighting the purpose - clarifying previously obtained testimony.
Pinchuk L.V. —
Tactical and forensic support of general inspection of the road traffic accident scene
// Security Issues. – 2024. – ¹ 2.
– P. 30 - 41.
DOI: 10.25136/2409-7543.2024.2.70912
URL: https://en.e-notabene.ru/nb/article_70912.html
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Abstract: The subject of the study is the main approaches to the tactical and forensic support of the inspection of the scene of a traffic crime. The article deals with the problem of examining the scene of a traffic crime, which is faced by all, without exception, investigators of internal affairs agencies, whose jurisdiction includes the investigation of this category of criminal cases. The author substantiates the idea that the tactical and forensic support for the inspection of the scene of a traffic crime is very important for establishing most of the circumstances of the crime under investigation, while highlighting specific circumstances characterizing such significance, and also provides examples from judicial practice. The author identifies the elements of tactical and forensic support for the inspection and proposes a specific algorithm for the actions of the law enforcement officer during the general inspection of the accident site. The methodological basis of the study was made up of: the formal legal method, the method of critical analysis, as well as the method of legal modeling. The author summarizes new material on the topic under study: official statistics for 2022 and 2023, examples from judicial practice from 2017 to 2022, monographic studies by domestic authors from 2015 to 2021, studies by foreign authors, and also uses the author's experience in investigating traffic crimes as an investigator of law enforcement agencies internal affairs. The program of actions of the investigator during the general inspection of the scene of a traffic crime is proposed, which includes a number of successive actions, during which the situation of the scene does not change, consistent observation of all objects and traces at the scene of an accident is carried out, prerequisites for qualitative investigation of traces are created during the subsequent detailed inspection of the scene of a traffic crime.