ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

Search

SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Archive of Issues

Legal and psychological aspects of optimization formation of investigator’s convictions for criminal proceedings as the basis of evaluation of evidence

Pages: 11-21
Year: 2015
Location: Pravova Ednist Ltd

Review

The article is devoted to the legal and psychological problems of formation of investigator’s personal convictions in evaluating of investigation results and evidences at different stages of criminal proceedings in accordance with the requirements of the Criminal Procedural Law of Ukraine.

It is noted that the theory and practice developed requirements to be met belief investigator, detective, which is characterized by confidence in the correctness of the decision in the criminal proceedings, formed conclusions that should be established: the ethical norms and rights; on required professional qualities preliminary investigation the investigator; on the study identified, procedural recorded removed, inspected and assessed the evidence preserved; consideration of each separately and all evidence in the relationship; on a comprehensive, full and objective examination of the criminal proceedings; on the evidence that would be allowed to take the only possible decision pravosudne.

The author made a conclusion of necessity of introducing a new article: «Personal belief as a basis for evaluation of the criminal proceedings’ results» into the Criminal Procedure Code of Ukraine. It is noted that the investigator, detective, prosecutor, investigating judge within the procedural powers at each stage of pretrial investigation carried out proving, forming conclusions on criminal proceedings based on personal beliefs, the results of which are fed to the indictment. Further study of legal and psychological aspects of the formation of personal conviction investigator in the exercise of criminal proceedings for the optimization of its operations will in many cases avoid professional errors and ensure proper preparation, adoption and implementation of decisions in criminal proceedings, which in itself is the most important guarantee of human subjects' objects of criminal proceedings.

Keywords: private investigator’s conviction, evidence, antimema, internal conflict. 

Submission