FEATURES OF DETERMINATION OF CRIMINALISTICS DESCRIPTION’ ELEMENTS IN THE PROCESS OF INVESTIGATION OF THE CRIMES RELATED TO CRIMINAL BANKRUPTCY
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
Establishment of objective reality in open criminal realization in relation to committed and registered in the Single register of pre-trial investigations of criminal bankruptcies in a great deal depends on timely determination of interrelated elements of criminalistics description of these types of crimes. To the most substantial elements of criminalistics description of criminal bankruptcies belong: method of committing (taking to bankruptcy); object of criminal trespass; place, time and situation of commission of crime; person of criminal, aim of commission of criminal bankruptcy. The analysis of practice of investigation of crimes testifies that monetary resources (to pay the bills of debt of debtor certain money sum in accordance with a civil legal agreement), property obligations (property of enterprise-debtor, products, commodities got on realization, technological equipment, raw material, half-finished product and other), come forward as the object of criminal trespass. The methods of realization criminal to bankruptcy are various enough and depend on legal position of subject of management (state enterprise, non-state business enterprise), type of economic activity, object of criminal trespass, aim of bankruptcy and other circumstances of objective and subjective character. A place, time and situation of commission of crime, is taken in their totality come forward in the roles of objectively-subject terms, in that develop and come true crime actions that is related to criminal bankruptcy. To the persons that commit crime from criminal bankruptcy persons belong that had authorities for realization of operations with property and monetary resources or person that had a right to fold corresponding administrative and book-keeping documents. It is necessary to mark that establishment of aim of bankruptcy of enterprise straight the commission of crime related to the person. Criminal bankruptcies take place from within, and as a rule by guidance of enterprise, organization. Summarizing the stated higher, come to the conclusion that establishment of elements of criminalistics description of the crimes related to criminal bankruptcy will give complete information about the event of committed crime, to pull out investigational versions and effectively to conduct pre-trial investigation.
Authors and Affiliations
А. Д. Марушев
Keywords
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