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- № 2 2016 Procedural, criminalistic and organizational and legal problems of advocate activity
- Actual issues of criminalistic providing of the advocate activity
- Tactics of defender: concept, content and place in criminalistics tactics
Tactics of defender: concept, content and place in criminalistics tactics
Review
The paper reveals issues regarding the definition, content and location of tactics of defender in system of forensic tactics.
Based on the analysis of scientific statements about the concept of forensic tactics of its content, tactics of defense counsel and its meaning and place in the system of forensic tactics tactic is defined as a way to practice, which characterized by the following essential features: availability of subject and object of tactical impact, tactical exercise influence from subject on the psyche of the object to encourage it to certain voluntary actions resulting from the tasks of criminal proceedings, subject orientation tactical influence to overcome opposition, exerted tactical influence by object (direct, hidden, potential, imaginary, etc.), or by prompting the object of tactical exposure to certain actions in the interests of the entity (in the absence of an explicit counter), is a system of tactics and scientific advices on the most effective implementation of certain activity (prosecution, defense), used in the implementation of accusation (investigative tactics, tactics of the prosecutor) and defense (defender tactic).
It is concluded that forensic tactics is the method of practice, which is a combination of tactics produced by forensic science used by the prosecution and defense counsel for the exercise of tactical impact on the psyche of the impact object, aimed at overcoming opposition, exerted by the object (direct, hidden, potential, imaginary et al.) or by prompting the facility to perform certain actions on their behalf (in the absence of explicit counter) to reach by the prosecution and advocate the goal to exercise their functions.
Tactics of the defender – it is a way of practice, which is a combination of tactics produced by the forensic science used them to make tactical impact on the psyche of the impact object, aimed at overcoming opposition, exerted by the object (direct, hidden, potential, imaginary et al.) or by prompting the facility to perform certain actions in the interests of defense (in the absence of an explicit counter) to achieve defenders set aim to implement security features. In the system of forensic tactics out following two independent subsystems: 1) the prosecution tactics (tactics investigating (investigative tactic); tactics of prosecutor; 2) tactics of defender. Substantiated, that the court is not a subject of tactics because its powers in adversarial criminal process is to ensure the exercise of powers parties to criminal proceedings.
Keywords: tactics of defender, criminalistics tactics, tactics of prosecution, tactics of court.