Open AccessMethods of misleading the court or other authorized body
Author(s) -
K. S. Kotlubaeva
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.69.67
Subject(s) - commit , meaning (existential) , psychology , element (criminal law) , criminal investigation , false accusation , law , computer science , criminology , social psychology , political science , database , psychotherapist
The article considers and substantiates the need to establish the method of committing a criminal offense as a central element of forensic characteristics. The works of leading domestic and foreign scientists who have studied the concept of the method of criminal offense, its meaning and relationship with other elements of forensic characterization are analyzed and studied. The concept of the method of committing a criminal offense has been comprehensively studied. It is established that most criminologists include a certain system of actions in the method of committing a criminal offense, which includes actions to prepare, commit and conceal. The need to develop a classification of methods of committing knowingly false methods of misleading the court or other authorized body, which will allow the investigator to establish as yet unknown elements of forensic characteristics, identify investigative situations during the investigation, timely assess the testimony and other evidence.
The analysis of Article 384 of the Criminal Code of Ukraine was carried out and, depending on the method of action and its content, the following methods of misleading the court or other authorized body were identified:
Providing knowingly false testimony.
Compilation and / or submission of knowingly false expert opinion.
Submission of knowingly unreliable or forged evidence.
Compilation and / or submission of a knowingly false report of the appraiser.
Compilation and / or submission of knowingly false translation.
The article will consider in detail the methods identified by the author to provide knowingly false testimony, which include actions to prepare, commit and conceal. The ways of making a knowingly false expert opinion depending on the structure of this document are highlighted. The notion of evidence is analyzed and the ways of presenting knowingly unreliable or forged evidence are established. Depending on the procedure of property and property rights valuation, the author identifies ways to prepare, commit and conceal the preparation and submission of a knowingly false appraiser's report. Methods of knowingly incorrect translation are identified.