The specifics of criminalistic activity in criminal judicial process

The paper defines the concept, essence, means, and subjects of criminalistic activity in criminal judicial process. The criminalistic activity in criminal judicial process is a complex of purposeful and regulatory proving activities performed by court (judge) and professional participants of the pr...

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Main Author: A.V. Mishin
Format: Article
Language:English
Published: Kazan Federal University 2017-04-01
Series:Ученые записки Казанского университета: Серия Гуманитарные науки
Subjects:
Online Access:https://kpfu.ru/the-specifics-of-criminalistic-activity-in_306666.html
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author A.V. Mishin
author_facet A.V. Mishin
author_sort A.V. Mishin
collection DOAJ
description The paper defines the concept, essence, means, and subjects of criminalistic activity in criminal judicial process. The criminalistic activity in criminal judicial process is a complex of purposeful and regulatory proving activities performed by court (judge) and professional participants of the process, such as state prosecutor and defender (Art. 85 of the Criminal Procedure Code of the Russian Federation), by using criminalistic means, methods, and technologies. This type of activity in criminal legal investigation is characterized by the specifics in subject, objects, essence, means, and participants making and enforcing final decisions, as well as in what concerns criminal process legislation. It has been demonstrated that the criminal process tactics involves court tactics, prosecution tactics, and defense tactics. The conclusion has been made that the efficiency of using tactic means of examining evidence in court depends on the consensus between all court participants. The practical necessity for using the situational approach in criminalistic activity of professional subjects of criminal procedural proving has been substantiated. Understanding the modern views on the nature of criminalistic activity in criminal judicial process promotes further evolution of the theory of criminalistic tactics and methodology, as well as favors the advance in judicial practice.
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spelling doaj.art-ff4d7ae81f4c4b09b3863273b62837cd2025-01-03T01:17:23ZengKazan Federal UniversityУченые записки Казанского университета: Серия Гуманитарные науки2541-77382500-21712017-04-011592504511The specifics of criminalistic activity in criminal judicial processA.V. Mishin0Kazan Federal University, Kazan, 420008 RussiaThe paper defines the concept, essence, means, and subjects of criminalistic activity in criminal judicial process. The criminalistic activity in criminal judicial process is a complex of purposeful and regulatory proving activities performed by court (judge) and professional participants of the process, such as state prosecutor and defender (Art. 85 of the Criminal Procedure Code of the Russian Federation), by using criminalistic means, methods, and technologies. This type of activity in criminal legal investigation is characterized by the specifics in subject, objects, essence, means, and participants making and enforcing final decisions, as well as in what concerns criminal process legislation. It has been demonstrated that the criminal process tactics involves court tactics, prosecution tactics, and defense tactics. The conclusion has been made that the efficiency of using tactic means of examining evidence in court depends on the consensus between all court participants. The practical necessity for using the situational approach in criminalistic activity of professional subjects of criminal procedural proving has been substantiated. Understanding the modern views on the nature of criminalistic activity in criminal judicial process promotes further evolution of the theory of criminalistic tactics and methodology, as well as favors the advance in judicial practice.https://kpfu.ru/the-specifics-of-criminalistic-activity-in_306666.htmljudicial procedurecriminalistic activitycourtpartiestacticstactical meanscriminalistic recommendations
spellingShingle A.V. Mishin
The specifics of criminalistic activity in criminal judicial process
Ученые записки Казанского университета: Серия Гуманитарные науки
judicial procedure
criminalistic activity
court
parties
tactics
tactical means
criminalistic recommendations
title The specifics of criminalistic activity in criminal judicial process
title_full The specifics of criminalistic activity in criminal judicial process
title_fullStr The specifics of criminalistic activity in criminal judicial process
title_full_unstemmed The specifics of criminalistic activity in criminal judicial process
title_short The specifics of criminalistic activity in criminal judicial process
title_sort specifics of criminalistic activity in criminal judicial process
topic judicial procedure
criminalistic activity
court
parties
tactics
tactical means
criminalistic recommendations
url https://kpfu.ru/the-specifics-of-criminalistic-activity-in_306666.html
work_keys_str_mv AT avmishin thespecificsofcriminalisticactivityincriminaljudicialprocess
AT avmishin specificsofcriminalisticactivityincriminaljudicialprocess