Forensic tactics: a review of the formation history and current trends

Abstract

A review of domestic and foreign scholars’ research on the formation and development history of forensic tactics has been made: from ancient times to the latest trends of the XXI century. The existing in the scientific literature approaches to the periodization of the development of forensic tactics are given, the most important works of researchers are noted, the publication of which is associated with new stages of forensic tactics development.

It is noted that forensic tactics in the modern interpretation is considered as part of criminology, as a system of scientific provisions and recommendations for the organization and planning of pre-trial and judicial investigation, which are developed on the basis of determining the optimal course of action examination of evidence and establishment of circumstances that contributed to the commission of the crime. However, such views of scientists on the essence of forensic tactics have not always existed. As an integral part of criminology, tactics have passed the historical path of its formation and development, which is divided into two periods in the literature. The first (so-called "pre-scientific") begins with the emergence of the first forensic knowledge and lasts until the end of the nineteenth century. Within this period there are two successive stages: 1) the emergence of elements of tactical and forensic knowledge (up to the 30s of the XIX century.); 2) formation of preconditions for the transformation of knowledge into the forensic industry (30s of the XIX century - the end of the XIX century).

The development of criminology from the end of the XIX - beginning of the XX century went in two main directions: 1) the study of technical support for the investigation of crimes; 2) development of criminology as a system of knowledge, covering forensic techniques, tactics and methods.

In the period from 1918 to 1936, criminal tactics outlined the peculiarities of professional criminals, secret ways of communicating, ways of committing crimes, information about the behavior of criminals before and after the crime, methods of detecting crimes, finding and detaining criminals, and recommendations for some investigative actions (inspection of the scene and establishment of traces, search, interrogation of defendants and witnesses, comparison of handwriting and more). Although until 1929 the tactics included some elements of forensic methodology, including recommendations for the investigation of theft, fraud, murder.

At the present stage of development of forensic tactics, scientists are emphasizing the expansion of its branches. It is noted that it is expedient to study the tactics of all participants in criminal proceedings such as judges, courts, investigators, detectives, prosecutors, employees of operational units, etc. Therefore, it is proposed to divide forensic tactics into the following sub-branches: investigative, judicial, prosecutorial tactics, tactics of investigative activities, professional protection and criminal activities. It is proposed to develop tactics of private detective activity.