Tactical features of the crime scene search during the road accident investigation, in cases of person's rejection of driving at the time of the accident

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The article deals with the investigative situations that develop during preliminary inquiry of the commission of crimes referred to in Article 264 of the Criminal Code of the Russian Federation, when the person driving a car during the accident is not identified or refuses to drive the vehicle at the time of the accident. The difficulty of inspection on the matters before us lies in the fact that the guilty person refuses to drive the vehicle at the time of the accident, in the contradictory testimony of the participants themselves and in the absence of eyewitnesses. Therefore, the article proposes a phased algorithm of the investigator's actions aimed at establishing all the circumstances of the accident and the person who was driving the vehicle during the accident, in order to establish his guilt. Timely receipt of evidence which complement each other and the establishment of the truth based on the material of the verification of a traffic crime report are expected as a result of the proposed complex of investigative and procedural actions, as well as operational investigative measures. So, in the inspection in the order of Art. 144 of the Code of Criminal Procedure of the Russian Federation includes crime scene search, interviews of participants and eyewitnesses of an accident, additional inspection of the accident site, seizure of objects and documents, their inspections, obtaining samples for comparative research, appointment and conduct of forensic medical, biological, automotive technical examinations, complex and commission examinations, and other.

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Preliminary inquiry, traffic accident, vehicle, investigative situations, crime scene search

Короткий адрес: https://sciup.org/143178501

IDR: 143178501

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