在刑事诉讼中组织法医检查,作为有效调查刑事犯罪的一个条件

Y. Chornous, Tetiana Leliuk
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引用次数: 0

摘要

在犯罪学和刑事犯罪调查活动中,组织活动具有极其重要的意义。其执行形式之一是法医检查,其改进直接影响到刑事诉讼目标的实现。这项研究的目的是强调与进行法医检查有关的组织活动,作为确保在每项刑事诉讼中进行有效的审前调查和审判的手段。为了达到既定的目的,一般科学的和特殊的方法被用来调查研究的对象和主体:分析、综合、演绎、归纳、类比;特殊法律方法:比较法、历史法、系统结构法、系统分析法。根据对条例规定和科学、教育和方法材料的分析,确定刑事诉讼中法医检查的组织包括授权主体的组织和行政行为制度,其关键在于确保适当、及时和客观地任命和进行法医检查,以及获得专家意见。这是实现刑事诉讼目的所必需的。确定和描述了刑事诉讼中组织法医检查的主要阶段。所研究的活动的主题被分类,具体根据组织行动的实施性质。调查发现,在所考虑的活动的对象中,调查人员作为法医检查的开始对象占有突出地位。侦查人员在进行庭前侦查时收集和分析材料,决定刑事诉讼的哪些情况需要进行鉴定,并对鉴定意见进行评价。本文的规定可用于个别法医专家和法医部门和机构的实际活动;被授权对刑事犯罪进行审前调查的实体
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Organization of forensic examinations in criminal proceedings as a condition for the effectiveness of the investigation of criminal offences
In the science of criminology and the activity of investigating criminal offences, organizational activity is of immense importance. One of the forms of its implementation is forensic examinations, and its improvement directly affects the achievement of the objectives of criminal proceedings. The purpose of this study was to highlight organizational activities related to conducting forensic examinations as a means of ensuring effective pre-trial investigation and trial in every criminal proceeding. To fulfil the set purpose, general scientific and special methods were used to investigate the object and subject of research: analysis, synthesis, deduction, induction, analogy; special-legal methods: comparative-legal, historical-legal, system-structural, method of system analysis. Based on the analysis of the provisions of regulations and scientific, educational, and methodological material, it was established that the organization of forensic examination in criminal proceedings encompasses the system of organizational and administrative actions of authorized subjects and lies in ensuring the proper, timely, and objective appointment and conduct of forensic examinations, as well as obtaining an expert opinion, which is required to achieve the objectives of criminal proceedings. The main stages of the organization of forensic examinations in criminal proceedings were identified and characterized. The subjects of the activity under study were classified, specifically according to the nature of the implementation of organizational actions. It was found that a prominent place among the subjects of the considered activity belongs to the investigator as the subject of initiation of forensic examinations. It is the investigator who collects and analyses materials when conducting a pre-trial investigation, decides which circumstances of the criminal proceedings need to be verified by conducting an expert examination, and evaluates the expert’s opinion. The provisions given in this paper can be used in the practical activities of individual forensic experts and forensic divisions and institutions; entities authorized to carry out pretrial investigation of criminal offences
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