Open AccessSUBJECT OF CRIMINALISTICS’ TACTIC: FORMATION HISTORY, CONTENTS AND TRENDS
Author(s) -
В.Ю. Шепітько
Publication year - 2019
Publication title -
teorìâ ta praktika sudovoï ekspertizi ì krimìnalìstiki
Language(s) - English
Resource type - Journals
eISSN - 2708-5171
pISSN - 1993-0917
DOI - 10.32353/khrife.1.2019.01
Subject(s) - subject (documents) , context (archaeology) , criminal investigation , criminology , law , psychology , political science , sociology , computer science , history , archaeology , library science
The history of the emergence of tactical beginnings in the investigation of the criminal for forensic purposes is considered and the further formation of the system of scientific knowledge in countering crime is tracked. A historical excursion to the emergence and development of criminal tactics and its role for other branches of forensic tactics has been undertaken. The formation of criminal tactics is conditioned using psychological knowledge in in the context of crime counteraction. In the genesis
of criminalistics tactics, the data of psychological science are traditionally attributed to its sources.
Attention is paid to changing the subject of forensic tactics in modern conditions and the causes of such changes are determined. The content and structure of forensic tactics are conditioned by the need to provide the tactical means of various subjects (investigator, detective, prosecutor, investigative judge, parties to criminal proceedings, court, etc.). The activity approach to criminalistics tactics is proposed and the necessity of isolation of its branches (advocacy, judicial, investigative, searching) is substantiated. Forensic data should be used not only by the prosecution but also by the defense. Arguments are given regarding the need to develop the scientific provisions of advocacy tactics (defense tactics or tactics of professional defense in criminal cases) and to consider it as a separate branch of forensic tactics. The expediency of separating the responding counter-investigation tactics as a structural part of criminalistics tactics was also emphasized.
The substantive side of criminalistics tactics is considered with the help of its structural elements (tactical techniques, tactical systems, tactical combinations, tactical operations, etc.). Changes in the legal field, the model of criminal proceedings, the “revision” of traditional criminal law institutions and the process have a significant impact on the content of criminalistics tactics.