Features of proving in a court session the occupiment of a high position in a criminal hierarchy by a person
Автор: Dolzhenko V.V.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 1 (82), 2025 года.
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The article examines the features of proving in a court session that a person occupies a high position in the criminal hierarchy. The author comes to the conclusion that the investigation and disclosure of crimes provided for in Article 210.1 of the Criminal Code of the Russian Federation currently cause problems for law enforcement officers; the investigation of crimes of this category has its own specifics in terms of the subject of proof. The results of operational search activities and investigative tactics play a huge role in this process. When filing charges, the investigative bodies and the supervising prosecutor must pay close attention to the time of the crime in order to prevent the possible return of the criminal case to the prosecutor in accordance with Article 237 of the Criminal Procedure Code of the Russian Federation. In addition, comparative phonoscopic, cultural examinations of permanent drawings (tattoos) on the body of the accused, psychological and psychiatric examinations for such categories of criminal cases are necessary. Their implementation must be planned in advance, even at the stage of preliminary investigation. It seems that if the materials of a criminal case contain freely available photos and videos that may capture the facts of “coronation” as “thieves”, other circumstances that have evidentiary value for the criminal case, during the preliminary investigation it is imperative to establish the owners of Internet resources, specific addressees who can be interrogated as witnesses on the circumstances of the criminal case, as well as conduct video and photo technical examinations to determine the authenticity of photos and videos, identify traces of video editing, retouching and other methods of changing images.
The highest position in the criminal hierarchy, proof, criminal liability, judicial practice, state prosecution, preliminary investigation
Короткий адрес: https://sciup.org/14132912
IDR: 14132912