Criminalistic methodology

CRIMINALISTIC METHODOLOGY

CHAPTER I

SUBJECT-MATTER AND GOALS, SYSTEM OF CRIMINALISTICS

1. Subject-Matter and Goals

I. To eradicate infringements on the law and order, and to do away with crime it is necessary to persistently improve crime detection techniques. Criminalistics has an important role to play in this field. It provides efficient crime detection techniques to specialists. Methods and means employed by criminalistics are also used in crime prevention."

By examining and generalising the methods of crime detection techniques criminalistics creates better methods for crime control. The present stage of criminalistics which has evolved from separate branches to a coherent system of scientific knowledge is characterized by a high degree of a comprehensive use of scientific and technical achievements and by a thorough elaboration of methodological problems, the tactics and methods of crime detection in the interests of justice.

Criminalistics Is a Science of Crime Detection. To detect a crime means to expose all its attending features and identify the criminal. Crimes are uncovered through criminal procedure and operative-search activities. The detection of a crime by means of operative-search activities is secondary to criminal procedure. However, the role of the former in ensuring a swift and full detection of crimes is quite significant. Many crimes are uncovered through operative-search activities.

II. In terms of a comprehensive character of a crime detection the results of criminal procedure and operative-search activities may be the same but their legal substance differs: the results of the latter which are not presented in a legal form are not evidence and cannot serve as a foundation for passing a sentence. To pass a sentence a crime must be investigated and examined by the court in accordance with the criminal procedure established by the law. In other words, a crime uncovered through operative-search activities but not examined cannot give rise to criminal legal consequences. The theory of operative-search activities as far as it concerns crime detec­tion is a component part of the subject-matter of criminalistics. However, following the trend of the differentiation of sciences it detached itself from criminalistics to be included into a general theory of operative-search activities which is an independent branch of scientific knowledge. Nevertheless, the theory of tactical operations and some tactical methods used in operative-search activities, as well as the rules concern­ing the application of scientific and technical methods and means to detect crimes, belong to criminalistics.

III. Criminal procedure and preliminary investigation, in par­ticular, are the subject-matter of the science of criminal procedure. However, the concept “investigation” is also used in criminalistics. It comprises not only the procedural sequence of inquest and preliminary investigation (although it is its main element) but also a system of scientific and technical methods and tactical techniques. In other words, it comprises procedural and criminalistic aspects. Criminalistics elaborates techniques, tactics and methods of criminal investigation proper, i. e., the methods of crime detection in the form of criminal procedure. The methods of crime detection by means of cri­minal procedure are the criminalistic aspect of crime detection.

It seems that the definition of criminalistics as a science of crime detection most fully reflects its.basic purpose: to devise and improve crime detection techniques and instruct how to uncover crimes.

Criminalistics examines and generalises — criminal practices (committed crimes). The criminalistic analysis of crimes allows to reveal trends (general patterns) of the common and the typical in planning and perpetrating various types (groups) of crimes. To reveal these trends criminalistic analysis should cover a sufficiently representative volume of empirical mate­rial collected in corresponding regions over the recent period.

This analysis allows to establish most typical situations in the acts of committing certain types (groups) of crimes and obtain generalised information on the personality of criminals, particular features in planning crimes, typical condi­tions, methods, means and instruments of crime. The study and generalisation of criminal practices is also geared at establishing the most typical consequences of crimes such as traces and other changes in the physical situation, the damage inflicted and circumstances conducive to the preparation of crimes. In crime detection it is also useful to collect data on the style and methods used by the offenders to cover up their traces. Besides, it is necessary to establish the facts pertaining to the personality and behaviour of the victim.

IV. Crimes are studied not only by criminalistics but also by~ criminology and criminal law. However, they all tackle different problems. In investigating methods, conditions and material consequences of crimes and other attending circum­stances, criminalistics establishes links between these elements of the crime, on the one hand, and the intentions and actions of the criminal, on the other, and through these links, defines the ways and means for an expedient and comprehensive detection of crimes. If one knows how particular crimes are committed and their material impact it is much easier to define the ways and methods for their detection.

Criminalistics also examines and generalises:

— investigation practices. The examination and scientific analysis of the practices used in crime detection allow to identify the common and the typical in the work of an inves­tigator when he organises and plans an investigation, pro­poses investigation theories for typical situations, and when he uses tactical methods in investigation and applies operative- search means;

— the practice of using criminalistic techniques and judicial inquiry in crime detection;

— the application of data of natural, tec hnical and social sciences (philosophy, logic, psychology, econo hies) in detecting crimes, including expert examinations. In so ling, an analysis is made of the essence of the problems, the)portunities and conditions for, and the efficacy of, using entific data in uncovering crimes of various types;

— the achievements of natural, technical and social sciences which are the basis of criminalistic techniques and investi­gation tactics.

Дата добавления: 2015-11-04