Problems of the formation of separate criminalistic methods for trial
Journal Title: Наукові праці Національного університету «Одеська юридична академія» - Year 2017, Vol 19, Issue
Abstract
There are considered main tendencies of development of criminalistic methodology on going to scientific provision of judicial stages of criminal proceedings. There is established pluralism of opinions about methodical and criminalistic recommendations for trial. That fact affects adversely the possibilities of differentiation of the relevant private criminalistic methods, their structure and content. The author grounds pointlessness of forming of separate methods of judicial consideration of criminal cases in the conditions of adversarial proceedings because of the limited activity of the court in collecting evidence. Therefore, in this field, the author suggested to be confined to tactical recommendations for conducting procedural actions. As for the parties of criminal proceedings, it seems reasonable to create methodological recommendations for the maintenance of public prosecution in court in the structure of individual investigative methods, for which it is necessary to expand the scope of application. In turn, the methods for the implementation of professional defense against criminal charges for various categories of crimes are proposed to be developed taking into account both pre-trial and judicial stages of criminal proceedings. The author underlines the perspectives of development and practical testing of trial examples of criminalistic methodological recommendations focused on judicial proceedings on certain types and groups of crimes
Authors and Affiliations
Р. Л. Степанюк
Keywords
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