- Journal Issues
- № 1 2016 Actual problems of application and implementation of the CPC of Ukraine: up to three years after the entry into force
- Problems of criminalistics
- Using of covert investigators (investigative) actions for organizational and tactical support of pre-trial investigation
Using of covert investigators (investigative) actions for organizational and tactical support of pre-trial investigation
Review
The article is based on a systematic analysis of scientific and legal sources and materials forensic practice, focuses on the fact that more than 85% of serious and very serious crimes are reveale because of using secret means of the pre-trial investigation and the results recognized by the courts as judicial evidences in the most western countries. Analysis of three-year national practice of covert investigative (detective) actions in the criminal process of Ukraine found that only 5% of the results are recognized as evidences in Court.
The results of covert investigative (detective) actions should be used for organizational and tactical software pre-trial investigations, including those not subject to declassify and legalization and can not be excuses and reasons for legal proceedings and procedural arguments and those of them are not yet fixed material form.
Substantiated that the using results of covert investigative (search) actions helps create conditions to ensure the effectiveness and efficiency of proceedings, namely the definition of the most appropriate time and place of the relevant proceedings; choosing the most appropriate tactics and foresight methods, means and forms of their implementation; use the surprise factor; tactical minimize the degree of risks; modeling the behavior of proceedings; definition in an organized group of persons exposed to contact with the investigator; determine the degree of awareness of people who oppose the investigation, plans and intentions of the investigator in the investigation of the available evidence on the sources of information; prompt counter criminal procedural, tactical and organizational measures; taking into account possible counteraction to investigation by a third persons, the methods and forms of its manifestation and so on.
Keywords: results of covert investigative (detective) actions, pre-trial investigation, the evidence, the organization, tactics, organizational and tactical support.