Open AccessDESIGNATED PURPOSE OF CRIMINALISTIC KNOWLEDGE AND AMBITION TO THE EUROPEAN STANDARDS IN COUNTERACTING CRIMINALITY
Author(s) -
Valery Shepitko
Publication year - 2017
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.2017.01
Subject(s) - adversarial system , law enforcement , enforcement , subject (documents) , law , magistrate , legislature , political science , language change , criminal investigation , criminology , psychology , computer science , art , literature , library science
The formation and development of criminalistic knowledge and their targeted purpose are considered. Subjects of applying criminalistic knowledge in different countries of the world and in different historical periods are defined. The tendencies concerning changes in the subjects of applying criminalistic knowledge in the adversarial criminal process are retraced. One of the tendencies of the past was the shift of the scientific-cognitive emphasis in favor of the investigating crimes process, which entailed the final displacementfrom the subject domain of Criminalistics of such phenomenon as the crime with all the consequences. Criminalistics focused on the cognition of the material traces of crime, on the collection, evaluation and use of evidence, cognition ofproofprocess. During this period, the only consumer and subject of the use of criminalistic knowledge was the investigator. In connection with the reform of the judiciary and law enforcement bodies, there appear new subjects, using criminalistic knowledge: the parties of the criminal proceedings, the procedural head, the head of the pre-trial investigation body, the investigating magistrate, etc. In addition, reforming of the entire law enforcement system, the creation of new institutions (in particular, in the area of corruption counteraction), is associated with the emergence of specific officials - detectives (persons who combine investigative and operative activities). Legislative bases for creation of search services - private detective agencies (private detectives) are also being developed. Thus, the adversarial process leads to the change of the subjects using criminalistic knowledge. Now we can speak about the formation of "competitive criminalistics", criminalistics for the prosecution party and the professional protection party, as well as criminalistics for the court (forensic criminalistics). The introduction of progressive European standards, the expansion of the methods of judicial protection of an individual in the criminal proceedings and the means of proof is associated with the changes in criminalistic tools, with offering of methods, techniques and technologies used in countering criminality.