Рrevention在调查过程中的腐败犯罪

A. Khlus
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引用次数: 0

摘要

调查人员在调查阶段预防腐败相关犯罪的活动被考虑在内。对该活动的现状、愿望和趋势进行了分析。在预防腐败犯罪措施的执行方面,法律规定的侦查人员的行为效力不足。根据《白俄罗斯共和国刑事诉讼法》,调查人员有义务查明导致腐败犯罪的原因和条件。在今后,他将介绍如何消除犯罪的已查明的原因和条件,或在他的自由裁量权的指导下,在授予的权利范围内不采取这种行动。在这方面,建议在法律层面确定侦查人员在揭示犯罪的原因和条件时采取应对措施的义务。作者从预防腐败犯罪的需要出发,指出了侦查活动的可能方向。其中一个领域是对刑事诉讼的参与人实施个人性质的预防措施。在调查行动过程中进行的预防行动的对象是嫌疑人(被告),在某些情况下是刑事诉讼的其他参与者。防止腐败犯罪措施的另一个实施方向是在已调查的刑事案件之外展开。在这种情况下,调查人员预防工作的对象是发生腐败犯罪的组织(机构)及其管理,以及在该组织(机构)进行专业或公务活动的其他人的无限圈子。作为打击腐败犯罪的一个独立方向,作者建议联合预防活动,其参与者是调查腐败刑事案件的调查人员和调查委员会的一个专门单位。在管制的基础上执行这些领域的预防性活动似乎是可能的,这意味着改进目前的程序性立法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Рrevention of crimes of corruption in the process of their investigation
The activity of the investigator to prevent corruption-related crimes at the stage of their investigation is con- sidered. An analysis of the state, aspirations and trends of this activity was carried out. Attention is drawn to the insufficient effectiveness of the actions of the investigator regulated by law in the aspect of the implemen- tation of measures to prevent corruption crimes. In accordance with the Code of Criminal Procedure of the Republic of Belarus, the investigator is obliged to identify the causes and conditions that contributed to the commission of corruption crimes. In the future, he makes a presentation on the elimination of the identified causes and conditions for the commission of a crime or refrains from such actions, guided by his discretion within the limits of the granted right. In this regard, it is proposed to fix at the level of law the duty of the in- vestigator to take response measures in case of revealing the causes and conditions for the commission of a crime. The author points to the likely directions of investigative activities in connection with the need to pre- vent corruption crimes. One of these areas is the implementation of preventive measures of an individual na- ture in relation to the participants in the criminal process. The objects of preventive action carried out in the course of investigative actions are the suspected (accused), and in some cases other participants in criminal proceedings. Another direction for the implementation of measures to prevent corruption crimes is unfolding outside the investigated criminal case. In this case, the objects of preventive work of the investigator are the organization (institution) in which the corruption crime occurred, its management, as well as an indefinite cir- cle of other persons whose professional or official activities are carried out in this organization (institution). As an independent direction of combating corruption crimes, the author proposes joint preventive activities, the participants of which are investigators who investigated criminal cases of corruption, and a specialized unit of the Investigative Committee. The implementation of preventive activities in these areas seems possible on a regulatory basis, which implies the improvement of the current procedural legislation.
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