CIRCUMSTANCES TO BE PROVED DURING THE INVESTIGATION OF BODILY HARM COMMITTED BY JUVENILES

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CIRCUMSTANCES TO BE PROVED DURING THE INVESTIGATION OF BODILY HARM COMMITTED BY JUVENILES

Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue

Abstract

Studied the views of scientists about the place of circumstances, subject to proof, the structure of the methodology of investigation of crimes. Investigated circumstances to be proved during the investigation, causing injuries. Emphasized that the object of proving the same for the whole of the criminal process, in addition, it is specified at the time of production in specific cases. Proposed indicative list of circumstances to be elucidated during the investigation of bodily harm committed by juveniles. The circumstances are being ascertained and proved, we consider in the framework of the forensic characteristics, as a separate division. In the legislation the circumstances are for the prosecution of General orienting in nature, relate to the investigation of all criminal offences and are not specific enough with respect to certain categories of criminal offences. At the same time, lists of such circumstances for certain types of criminal proceedings is a specific and depend on the elements of the offense. Examines the correlation between the criminalistic characteristics of crimes and subject of proof. Methods of investigation of injury of varying severity and methods of investigation of the murders identified a summary of circumstances to be clarified during the investigation of related crimes. The severity of injuries is one of the key circumstances to be elucidated during the investigation of this category of crimes. In our opinion, the indicative list of circumstances to be elucidated during the investigation of bodily harm committed by juveniles should be: victim’s identity (personal data, profession, occupation, physiological and psychological status); the event of injury (time, place, and other circumstances, the cause of death or the nature and severity of the victim injuries (severity of injuries, the time of their infliction and the mechanism of occurrence); violent bodily harm or these negative effects occurred due to other causes (disease, accident, harm to the person herself, etc); the method and means of causing bodily injury (including ways and means of making and concealing of a crime); the identity of the offender (personal data, personal and professional qualities, physiological and psychological state); partners injury, the role of each in committing crimes; communication between the offender and the victim; the form of guilt, the purpose of the crime; circumstances that are grounds for exemption from criminal liability or punishment, as well as the circumstances affecting the severity of the criminal offense, characterize the person of the accused, aggravate or mitigate punishment, which exclude criminal responsibility or constitute grounds for the termination of criminal proceedings.

Authors and Affiliations

Р. В. Карпенко

Keywords

circumstances to be clarified injuries juveniles bodily injury criminal proceedings proof murder methods of investigation subject of the investigation

EP ID EP473745
DOI -
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