The covert investigative (detective) actions: the problems of legal certainly and efficiency
Journal Title: Правова позиція - Year 2016, Vol 2, Issue
Abstract
In article analyses the problems of secret investigation institute (search) of action provided for in the new Code of criminal procedure, the use of their results in evidence. Unspoken investigative actions, is the kind of investigative actions, information about the fact and methods of holding of which is not subject to disclosure/Institute investigator action creates a model activity investigator regarding the collection, research, check the evidence. The analysis outlined in the law system of the undercover investigative actions shows a number of significant shortcomings. The issue of regulation of undercover investigators (search) actions, it is a problem of formation as a system of guarantees of disclosure offence and obtaining credible evidence in their proceedings and guarantees a reliable protection of the rights and freedoms in their application. Here is a competition of private and public interests, which should be dealt with through the prism of the principle of proportionality. Regarding such cognitive activities as special investigator experiment “and” mimic the environment of the crime, then they do not have all necessary individual attributes for assigning them to individual investigators: special subject research, methods, forms, tools documentation. To a certain event was suitable for use in the criminal procedural proof, it should be effective in informative sense, have your object and a particular method of research, be clear, accessible for perception and transparent, comply with the principle of proportionality.
Authors and Affiliations
В. Г. Уваров
Keywords
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