Features of decision-making in conditions of resistence to criminal procedure
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 4, Issue 4
Abstract
The article deals with peculiarities of decision-making in conditions of counteraction to criminal proceedings. It is noted that the choice of a correct and timely decision, taking into account the terms of the investigation, for a significant number of law enforcement officers, raises difficulties. This negatively affects the results of the investigation of criminal offenses and, as a result, the formation of a complex criminal situation in Ukraine. The confirmation gives the statistics of the General Prosecutor's Office of Ukraine for the period from 2013 to 2016. Analyzing them, it is alleged that decisions made by authorized persons are made with material miscalculations, without proper risk assessment and prediction of their consequences for the investigation. As a result, much of the criminals avoid criminal responsibility, commit more serious socially dangerous acts, actively oppose the establishment of all the circumstances of the criminal offense. The paper notes that decision-making is fully characterized by the personal qualities of the investigator, in particular: the skills of organizing the investigation and conducting investigative (search) actions, diagnosing the manifestations of counteraction and the experience of their overcoming, etc. The revaluation by the investigator of his forces, or underestimation of the current situation, and the influence of the opposing side, may, with rather high probability, lead to unsatisfactory consequences. Attention is drawn to the fact that the adoption of hasty decisions in assessing the actions of participants, including from the standpoint of manifestations of counteraction to the investigation, can provoke a premature leak of information for a criminal offense. The result will be pressure on investigators and investigators. At the same time, the more investigator will conduct procedural actions before the pressure on the investigation proceeds, he will thoroughly form the evidence base, the less the impact will be the opposition to the adoption of organizational and procedural decisions. The conclusions state that the choice of a correct and timely decision, taking into account the conditions and the state of counteraction to the investigation, will contribute to reducing the time expenditures, forces and means of conducting and improving its quality.
Authors and Affiliations
Viktor Pletenets
Keywords
Related Articles
- EP ID EP332679
- DOI 10.31733/2078-3566-22017-4-260-266
- Views 94
- Downloads 0
Use of methods of conducting military intelligence by the forces of law and order protection during the fulfillment of tasks for ensuring state security
The article deals with the use of methods of conducting military intelligence by the forces of law and order protection during the fulfillment of tasks for ensuring state security. The authors analyze the organization of...
About safety of computerization of society
Along with the tremendous importance of computerization in the life of modern people, attention has been paid to its hidden negative factors that can affect its state of health, efficiency and behavior in case of non-com...
Informing the defendant in cases of administrative claims of the subjects of power authorities on the establishment of restrictions on the exercise of the right to freedom of peaceful assembly on trial in court
The purpose of this article is to study the issues of legal regulation of ensuring the availability and participation of the defendant in the process of considering an administrative case on limiting the right to freedom...
Problems of the implementation of monitoring of public procurement by the State audit service of Ukraine
The author of the article considers the problem of determining the efficiencyof the State audit service as a monitoring body in the field of public procurement. The article analyzes the legislative basis for monitoring p...
Criminalistic characteristics of the person who involves the chair of objects of the citizen's real estate
Criminologically significant features of the person who is committing fraud in relation to objects of real estate are investigated. The forensic portrait of the offender is considered on the basis of socio-demographic, m...