Algorithm for preparing the investigator for production on-site check

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In this article, the author focuses on the importance of the preparatory stage before conducting such an investigative action as checking testimony on the spot. The need for planning and careful preparation is due to the complex nature of the investigated investigative action. In this regard, a number of recommendations are proposed that should be considered at the stage of preparation for verification of testimony on the spot, which are of practical importance for the preliminary investigation authorities. In this article, the author focuses on the importance of the preparatory stage before conducting such an investigative action as checking testimony on the spot, the procedural procedure for which is regulated by Article 194 of the Criminal Procedure Code of the Russian Federation. The essence of the investigative action under investigation consists in obtaining information from a previously interrogated person regarding the crime event under investigation, which is accompanied by a display of relevant objects and places and a demonstration of actions at the place where this event occurred earlier. The need for planning and careful preparation for checking the testimony on the spot is primarily due to the complex nature of the investigative action under investigation, since it contains elements of such investigative actions as an inspection of the scene of the incident, inspection of objects and documents, interrogation, presentation for identification, investigative experiment. Thus, special attention is paid to such mandatory elements of the preparatory stage of checking testimony on the spot as preliminary interrogation of a person; decision-making and determination of the specific purpose of the investigative action; the need for the participation of specialists; the use of necessary technical and forensic means; involvement of other participants in the investigative action; determination and evaluation of the place of inspection; determination of the time of the beginning of the investigative action and its duration; the need to attract a vehicle and the route of its movement; additional inventory, models, mannequins, etc.; drawing up a list of clarifying and control questions, drawing up a plan. In addition, the content of the article raises problems that have not yet found their direct resolution, both at the legislative level and in practice, regarding the grounds and procedure for checking testimony on the spot, namely in the home, as well as the duration of the investigative action under investigation with the participation of minors. In this regard, a number of recommendations are proposed that should be considered at the stage of preparation for the verification of testimony on the spot, which are of practical importance for the preliminary investigation bodies.

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Tactics, investigative action, verification of testimony on the spot, preparatory stage, planning

Короткий адрес: https://sciup.org/143178698

IDR: 143178698   |   DOI: 10.55001/2587-9820.2022.39.74.015

Статья научная