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
Related Articles
- EP ID EP473745
- DOI -
- Views 72
- Downloads 0
EXPERIENCE OF TRANSFORMATION OF THE MECHANISM OF THE STATE OF FOREIGN COUNTRIES IN THE CONDITIONS OF GLOBALIZATION
The scientific publication examines the experience of transforming the mechanism of the state of foreign countries under the influence of globalization. It is noted that for Ukraine the most important is the positive exp...
THE MODELS OF BRINGING JUDGES TO DISCIPLINARY LIABILITY IN THE MEMBER STATES OF THE COUNCIL OF EUROPE: RATHER-LEGAL ANALYSIS
The article is considering the issues of bringing judges to disciplinary liability in the member states of the Council of Europe. The author notes that determining the model of disciplinary liability of judges is the imp...
CURRENT STATE OF LEGAL REGULATION OF FUNCTIONING OF THE SYSTEM FOR MONITORING OF COMPLIANCE OF TAX INVOICES/ADJUSTMENT CALCULATIONS WITH CRITERIA OF RISK DEGREE ASSESSMENT
One of the essential structural signs of the state is the taxation system, because one of the goals of state regulation is such a system of administration of taxes and fees, for which, on the one hand, collected taxes sh...
HISTORICAL AND LEGAL ANALYSIS ОF INSTITUTION OF CONTROL AND SUPERVISION UNDER PERSONS RELEASED FROM SERVING PUNISHMENT WITH PROBATION IN UKRAINE
The article is devoted to the establishment of institution of control and supervision of persons released on probation. The author analyzes the stages of legislative regulation and supervision of persons for which condit...
ON THE ISSUE OF INTRODUCTION OF THE INSTITUTE OF PRIVATE ENFORCEMENT OFFICERS IN UKRAINE
Given the existing permanent political crisis, difficult economic situation, unsatisfactory general level of functioning of executive and judiciary authorities in Ukraine, we should not expect the significant improvement...