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CRIMINALISTIC METHODICS IN THE SYSTEM OF CRIMINALISTIC THEORY
Author(s) -
V. Terehovich,
T. Nimande
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.1.2019.05
Subject(s) - meaning (existential) , phenomenon , psychology , cognition , criminal law , event (particle physics) , epistemology , law , criminology , social psychology , political science , philosophy , physics , quantum mechanics , neuroscience , psychotherapist
The term “criminal investigation technique” has two meanings in the scope of Theory of Criminalistics. The first meaning of the term is used for disclosure of one of regulatory means in Criminalistics cognition - criminal investigation technique cognition. This meaning of Criminalistics technique is disclosing in the limits of structure of the process of Criminalistics cognition. The second meaning of the term “Criminalistics technique” is disclosing in the limits of description of the system of cognitive activity in the sphere of applying criminal law. During disclosure of the second meaning of the term “Criminalistics technique” we are pointing out that, first of all, it is the system of knowledge, used for organization of investigation of the event of criminal offense, id est, knowledge necessary and sufficient for getting new knowledge about the event of criminal offense. Knowledge acquired and used during applying criminal law in Latvia is knowledge of substantiate but not of faith nature. This knowledge is collective (sociable) knowledge and manifests itself during rationalization of investigation of the event of criminal offense. Personal knowledge manifests itself only during the stage of optimization of investigation of the event of criminal offense. It is necessary to differentiate knowledge about criminal offense as knowledge about theoretical construction in criminal law and knowledge about the event of criminal offense as knowledge about phenomenon of fragment of material reality, which is evaluated as criminal offence. Knowledge about criminal offense (about corpus delicti) and linked circumstances as theoretical constructions in criminal law is collective (common, social) knowledge. This knowledge is gained by the person investigating the event of the criminal act in the course of long legal education. Knowledge about the event of criminal offense is got during another cognition activity - investigation (cognition) of specific event of criminal offense. This knowledge is domain for other people, id est, collective (common, social) knowledge and it is fixed in the materials of criminal case. Theoretical knowledge, necessary for reasonable process of investigation of the event of criminal offense, encloses two types of knowledge (primary and guiding) about rationalization of the activity. Criminalistics techniques (system of knowledge about organization of Criminalistics activity) as subbranch of Criminalistics theory is fulfilling methodological function for developing of techniques for organization of investigation of separate types of criminal offenses. Keywords: Criminalistics theory, criminalistics techniques, organization of investigation of the event of criminal offense.

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