Open AccessDIRECTIONS FOR IMPROVING THE EFFICIENCY OF THE INSPECTION IN CRIMINAL PRE-TRIAL PROCEEDINGS
Author(s) -
Oksana Luchko
Publication year - 2020
Publication title -
pravovij časopis donbasu
Language(s) - English
Resource type - Journals
ISSN - 2523-4269
DOI - 10.32366/2523-4269-2020-73-4-134-143
Subject(s) - criminal investigation , criminal procedure , subject (documents) , legislation , criminal case , computer science , protocol (science) , interrogation , psychology , law , political science , world wide web , medicine , alternative medicine , pathology
In the article on the basis of the analysis of scientific positions of scientists, instructions of the criminal procedural legislation, judicial practice the directions of increase of efficiency of inspection in criminal pre-trial proceedings are defined. In practice, there are situations when it is necessary as soon as possible after the discovery of information about a criminal offense to inspect things, objects or documents. Therefore, the position on the need to expand the types of inspections that can be carried out before entering information into the Unified Register of pre-trial investigations is substantiated. In addition to inspecting the scene, the author proposes to include an inspection of things and documents and an examination of the human body (examination). The article emphasizes the connection between the effectiveness of the review in criminal pre-trial proceedings and the combination of specialization and universality of the subject of the review. The use of the subject's specialization during the review will provide an opportunity to conduct it more efficiently, with the least amount of time, without losing all possible evidence. Emphasis is placed on the need to expand emergency access to a home or other property for inspection. It is concluded that it is inadmissible to record verbal information in the inspection report. The author emphasizes that only the explanations of the participants regarding the inspection should be recorded in the inspection protocol, and not the circumstances of the offense. It is stated that there is a dependence of the effectiveness of the review in criminal pre-trial proceedings on the competence of the entity conducting it. When conducting scientific research on ways to increase the effectiveness of the review in the criminal process, in our opinion, we should emphasize the personal qualities of those who carry it out, and the direct dependence of efficiency on their skills, abilities, professional skills. In the future, the author proposes to increase the effectiveness of the review to explore the simplification of the procedure for recording the review, as well as the issue of reducing the number of participants in the review.