Modern approaches to the typification of certain forensic techniques
Abstract
Based on the analytical review of scientific sources, the subject matter of which was the conceptual framework for classification of forensic techniques, the article substantiates the position that today the trends in the development of certain forensic techniques have changed and reoriented somewhat under the influence of modern changes which the current doctrine of criminal law and criminal procedure law undergoes under the legal regime of martial law. Based on the analysis of traditional approaches of scholars to the typification of certain forensic techniques and current trends in scientific research, the classification of certain forensic techniques is developed based on the following criteria: 1) criminal law factors; 2) completeness of the developed algorithms and practical recommendations; 3) degree of generality of the proposed recommendations; 4) stage at which criminal procedural activity is carried out; 5) form of display of the developed recommendations; 6) forensically significant features in a certain group of criminal offences and the existence of correlations between them, etc.
It is determined that the following criteria may be used as additional criteria for the classification of forensic techniques a) characteristics of the person who committed criminal offences (insane persons; minors; women; foreigners; repeat offenders; war criminals, etc.); b) form of organisation of co-perpetrators of a crime or members of a criminal group (methods of investigating crimes committed by a group of persons, organised criminal groups, criminal organisations, etc;) c) peculiarities of the legal regime (methodology for investigating crimes committed under martial law, in emergency situations, etc.); d) time of the criminal offence (for example, methodology for investigating crimes committed in previous years); e) peculiarities of the victim (methodology for investigating crimes committed against minors, women, elderly persons, persons with disabilities, etc.).
It is noted that the prospects for further research are to develop practical recommendations for the investigation of war crimes, criminal offences committed against combatants, etc.
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