Criminal-procedural and criminalistic understanding of single-degreession, incomplete and non-profitability of preliminary criminal investigation

This publication covers a wide range of issues related to the problems of preliminary investigation of crimes, provides a consistent analysis of the positions that determine the scientific and practical approaches to the concepts of unilateralism, incompleteness and bias in the investigation of crimes. On the basis of the author's analysis of the problem the reasoned position regarding the modern definition of these concepts is proposed. In this regard, the analysis of known in the criminal process and criminology definitions of the concepts of unilateralism, incompleteness and bias of the preliminary investigation. In accordance with the data of this analysis, the grouping of these definitions of concepts in accordance with the selected author's essential features. On this basis, the unilateralism characterized as a violation of criminalistics recommendations requiring the investigator to check all possible leads in the crime that is being investigated, including versions of the self-incrimination, slander the confession for a specific pre-trial proceedings in a criminal case; incompleteness is determined by the lack of the investigator's skills of situational approach to the choice of optimal technical and tactical techniques necessary to collect a sufficient amount of judicial evidence for each fact. In assessing the bias of the investigator in the investigation of the crime from the standpoint of both the purpose of proof and the method of research, it is concluded that its close relationship with the unilateralism and incompleteness of the pre-trial proceedings, and in fact with the entire process of proof, it is characterized by a lack of assessment of the collected during the preliminary investigation of investigative evidence and the establishment of objective truth on the investigated crime. The definitions of criminal procedural and criminalistics concepts of unilateralism, incompleteness and bias of the preliminary investigation are proposed from the position of the attitude to them as the purpose of proof and as a method of research of criminal activity.