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ISSN: 1729-5920

Тактико-организационные и процессуальные проблемы досудебного производства по фактам преступлений, совершенных в отношении несовершеннолетних
Strategies of Organization and Procedural Pre-trial Issues upon the Facts of Crimes Committed in Respect of Minors

Опубликовано в номере 6 за 2017 год

DOI: 10.17803/1729-5920.2017.127.6.141-155

Автор: Карагодин В. Н., Казаков А. А. / Author: Karagodin V. N., Kazakov A. A.

Рубрика: Междисциплинарные исследования

  1. В статье исследуются трудности, возникающие в ходе проверки сообщений о криминальных деяниях, посягающих на интерес

  2. This article takes a look at the difficulties encountered in the course of the inspection reports of criminal acts against the interests of minors, as well as their investigation. Such complexities are caused by features of the identity of the victims, especially the level of psycho-physiological and social development. Inextricably linked with them the specifics of conduct and living conditions of persons under 18 years of age predetermine the objective evidence of the crime committed, the way of its committing being included. These circumstances must be taken into account when formulating recommendations on the disclosure and investigation of this group acts. It should be brought to the attention of practitioners it is necessary to search, seize and research material traces, resulting not only in the act of committing an offence but before and after the subject executes an action directly aimed at causing harm to the victim. In relation to the procedure in question, the special role is given to the receiving explanations from the minor victim and his interrogation, which are important means of gathering evidence. However, when preparing and conducting these proceedings it must be taken into account that this person is likely to be in the psychotraumatic situation. That is why the preliminary check of the minor is essential. Within the pre-investigation checks for determining whether the victim is able to correctly perceive the circumstances of the incident, as well as to give testimony about them, it is advisable to engage an expert psychologist who will prepare the material needed for the appointment of judicial mental or psychological-psychiatric examination. Its production, depending on the situation, may be relevant as prior to the initiation of criminal proceedings and after a ruling on this. The experts should answer the question about the possibility of the participation of victims of criminal acts in the conduct of the proceedings, including the admissibility of repeated questioning. In case of a negative response, such questioning should be withdrawn, despite the 'conventional' right of a suspect (accused) to challenge the information against him. The priority should be given to the public interest of the minor's mental health. In turn, the alleged perpetrator's guilt should be justified in the body of evidence. With regard to the implementation of the rights of the suspect (the accused) for protection, it is reasonable to envisage the introduction of a mandatory recording of interrogation of the minor victim and witness. In general, it is necessary to include a separate chapter on criminal cases involving offences committed against minors.

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