{"title":"犯罪行为边界界定框架下侦查行为与司法行为区分的意义","authors":"A. A. Mitrofanova","doi":"10.18572/1812-3783-2023-1-2-6","DOIUrl":null,"url":null,"abstract":"Based on the study of the positions of scientists regarding the definition of the concepts of “judicial actions” and “investigative actions”, as well as the provisions of the criminal procedure legislation, the grounds for differentiating these concepts are presented. It is concluded that investigative and judicial actions of an “investigative nature”, although in many cases they have a similar name, still have a number of significant differences, and above all in terms of the purposes of their conduct, corresponding to the functional purpose of the stages of pre-trial and judicial proceedings. It is noted that forensic activity is aimed at optimizing the production of investigative actions, which are the main regulatory “tool” with which evidence is formed in the process of investigating crimes.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"205 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Meaning of Differentiation between Investigative and Judicial Actions within the Framework of Determination of Criminalistic Activity Borders\",\"authors\":\"A. A. Mitrofanova\",\"doi\":\"10.18572/1812-3783-2023-1-2-6\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Based on the study of the positions of scientists regarding the definition of the concepts of “judicial actions” and “investigative actions”, as well as the provisions of the criminal procedure legislation, the grounds for differentiating these concepts are presented. It is concluded that investigative and judicial actions of an “investigative nature”, although in many cases they have a similar name, still have a number of significant differences, and above all in terms of the purposes of their conduct, corresponding to the functional purpose of the stages of pre-trial and judicial proceedings. It is noted that forensic activity is aimed at optimizing the production of investigative actions, which are the main regulatory “tool” with which evidence is formed in the process of investigating crimes.\",\"PeriodicalId\":367842,\"journal\":{\"name\":\"Russian investigator\",\"volume\":\"205 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Russian investigator\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18572/1812-3783-2023-1-2-6\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Russian investigator","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18572/1812-3783-2023-1-2-6","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Meaning of Differentiation between Investigative and Judicial Actions within the Framework of Determination of Criminalistic Activity Borders
Based on the study of the positions of scientists regarding the definition of the concepts of “judicial actions” and “investigative actions”, as well as the provisions of the criminal procedure legislation, the grounds for differentiating these concepts are presented. It is concluded that investigative and judicial actions of an “investigative nature”, although in many cases they have a similar name, still have a number of significant differences, and above all in terms of the purposes of their conduct, corresponding to the functional purpose of the stages of pre-trial and judicial proceedings. It is noted that forensic activity is aimed at optimizing the production of investigative actions, which are the main regulatory “tool” with which evidence is formed in the process of investigating crimes.