THE USE OF CRIMINALISTIC KNOWLEDGE IN JUDICIAL CONSIDERATIONS OF CRIMINAL PROCEEDINGS

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THE USE OF CRIMINALISTIC KNOWLEDGE IN JUDICIAL CONSIDERATIONS OF CRIMINAL PROCEEDINGS

Journal Title: «Приватне та публічне право» - Year 2018, Vol 4, Issue

Abstract

In the article, the author identifies one of the long-overdue problems the question of the fundamental possibility and the practical necessity of using the available forensic knowledge in the implementation of justice, or the development of new, due to its specificity. On the basis of theoretical analysis of scientific sources, the definition of forensic knowledge is given. The latter are considered as a set of information about criminal activities and means, methods and methods for preventing, disclosing, investigating and prosecuting criminal cases concerning her. The necessity of determining the legal preconditions and peculiarities of using the latter in order to optimize the execution of criminal justice tasks is substantiated. However, analyzing the special literature, it is certified that to date, there is no unanimity among the forensic scientists about the understanding of the essence of the concept of “forensic knowledge” and their role in solving the problems of criminal justice. A number of scholars adhere to the view that forensic knowledge is a form of special knowledge, while others do not include them as the latter, because they consider that special knowledge in the field of natural sciences, technical, economics and other sciences that are not possessed by persons with professional legal training. Based on these distinct views, the author determines the attachment of forensic knowledge to professional legal knowledge, is not specific and applies not only to investigators, prosecutors, but lawyers and judges. It is noted that especially criminal prosecution opportunities can be used in other types of procedural activities, except for the criminal procedure, since they all have a common cognitive basis – proof. In particular, in civil, economic and administrative proceedings. Taking into account this, it is stated that the science of criminology gradually emerges on qualitatively new lines of cognition and the scope of its scientific product. The author notes that the majority of scientists unjustifiably limit the scope of the use of forensic knowledge, exceptionally, to pre-trial investigation, and therefore the circle of subjects of the use of this knowledge is significantly limited, namely, only employees of the inquiry agencies, investigators and experts. On the basis of this, the article outlines the circle of all possible subjects of the use of forensic knowledge within the framework of court proceedings, namely: a professional judge, a prosecutor-state prosecutor, a defense counsel. It is noted that these subjects need to provide forensic assistance, at least in the technical and tactical provision of forensic investigations. Accordingly, it is determined that one of the main areas for the further development of criminology is the adaptation of its achievements to the activities of a professional judge, prosecutor and defense counsel.

Authors and Affiliations

І. І. Кравчук

Keywords

forensic knowledge forensic provision forensic technology forensic tactics forensic method criminal proceedings judicial examination

EP ID EP592738
DOI -
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