ABOUT COMPROMISE PROCEDURES AT INVESTIGATION OF GROUP CRIMINALLY-PUNISHABLE DISPLAYS OR EXTREMIST ACTIVITY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
In the article an author examines some features of investigation of criminally-punishable displays of extremist activity, in particular, using for investigation of compromise procedures, as facilities of increase of efficiency of investigation of the indicated category of criminal businesses. In the conditions of paralysing of activity of law enforcement authorities and courts on the primary stage of investigation, related to that part of population of region, settlement, where committed crime, supports ideology of the extremist forming, from impossibility of timely realization of urgent inquisitional (search) and another judicial actions, investigation loses material proofs, runs into the unwillingness of witnesses and victims to testify, that expose guilty persons etc. For overcoming of paralysing of activity of investigation (as forms of counteraction to investigation) it is suggested to conduct secret inquisitional (search) actions, tactical operations on providing of defence of participants of criminal trial, depositing of testimonies, it is wide to use compromise procedures. An author grounds the position in relation to that the persons included in the extremist forming, by virtue of circular bail, false idea about friendship, and also being under act of corresponding ideology on the basis of that they are incorporated in the criminal extremist forming – such persons extremely rarely voluntarily go to the collaboration with investigation in situations, when guarantees of reduction of term of punishment are not. Agreements about confession of guilt, envisaged in a current criminal procedural legislation does not give to possibility for realization of such compromise procedures in regard to persons, accomplishing especially severe crimes, from a number active participants and leaders of the criminal extremist forming. For an effective investigation it is necessary to extend the circle of persons that can be the participants of the indicated compromise procedures.
Authors and Affiliations
В. І Бояров
Keywords
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