Open AccessSome Problems of Investigative Experiment Regulatory Framework
Author(s) -
В. Ю. Стельмах
Publication year - 2021
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2021.173.4.142-154
Subject(s) - suspect , witness , event (particle physics) , psychology , trace (psycholinguistics) , similarity (geometry) , social psychology , computer science , political science , law , criminology , artificial intelligence , linguistics , philosophy , physics , quantum mechanics , image (mathematics)
The paper analyzes the investigative experiment regulatory issues. It is stated that because of the extreme conciseness of legal regulation, many aspects are based on scientific developments. The purpose of the investigative experiment is to establish whether the algorithm of trace formation as a result of the experimental actions performed by the investigator corresponds to the mechanism that took place when committing a criminal act. The conditions of the investigative experiment are highlighted: 1) exclusion of danger to the health and life of its participants; 2) similarity of the situation with that which took place during the checked event; 3) voluntary participation; 4) the inadmissibility of reproducing a crime. The cases in which the participation of the person who committed the act in the course of the crime is required (to check individual characteristics and skills), and in which the replacement of this person with a stand-in is possible (to check the fundamental possibility of a phenomenon that is not related to individual qualities) are differentiated. The main participant of the investigative experiment, if his personal characteristics are checked, must have the procedural status of a witness, victim, suspect or accused. Specific participants of the investigative experiment are distinguished: the understudy and the assistant, who are not given an independent procedural status. Proposals for participation in the investigative experiment of all persons who are in one way or another concerned with the results of experimental actions are considered. Such proposals are unrealistic, instead, it is proposed to use a video recording to record the progress of the investigative experiment, which can be demonstrated to other participants in the proceedings. Taking into account the legal nature of the investigative experiment, it is stated that it is impossible to seize material objects directly within the framework of this investigative action; they can be seized after its completion, during inspection or seizure.