ACTUAL PROBLEMS OF IDENTIFICATION IN A VIDEOCONFERENCING MODE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
In the article, in accordance with the provisions of the Criminal procedural code of Ukraine, reveals the legal nature of such investigatory (search) actions, as identified, in the aspect of its holding in the remote mode. It is noted that the issue of remote identification, and other remote procedure requires thorough research, which is dictated by the need of improving the system of ensuring constitutional rights, freedoms and legitimate interests of each participant of criminal proceedings, their protection from illegal actions of bodies of preliminary investigation and rendering a fair, lawful and reasonable court decision. It is emphasized that the use in distant pre-trial investigation of technical means and technologies should ensure adequate quality of image and sound and informational security. Adequate quality of image and sound are essential to the objectivity of the results of identification and achievement of the goals of this proceeding. In addition it is noted that in the literature of forensic and investigative practice, the dynamic properties of a man belong to the external signs, which, in turn, are divided into anatomical, form a verbal portrait, and functional that are functional portrait. The author argues that the identification parade is an independent procedural investigative action, which consists in the demonstration (the demonstration) in accordance with the law the person who learns is the victim, witness, suspect or defendant is defined in the law of objects that he considered it earlier due to circumstances of the events under investigation, with a view to their recognition. With the aim of eliminating different interpretations of the kinds of objects and identify relevant gaps in the criminal procedural law is proposed to consolidate the criminal procedure code of Ukraine the exhaustive list of objects that can be presented for identification. Such OOB Kitami can be: individuals (real people), dead bodies, things (objects, documents), animals and birds, premises and buildings, areas of open countryside.
Authors and Affiliations
В. В. Сичевський
Keywords
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