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- № 3 2015 Evidence and proving in criminal procedure (part 1)
- Tribune of young scientist
- Technical-forensic investigation of documents as means of proving in criminal proceedings on economic crimes
Technical-forensic investigation of documents as means of proving in criminal proceedings on economic crimes
Review
Based on analysis of sources of criminal law and procedure, criminalisticks, criminology, forensic analysis, the article deals with problematic aspects appointment and carrying out this type of expert studies as technical and forensic research documents. It is stressed the importance of research to proof in criminal proceedings for economic crimes investigated problematic issues of recognition of research evidence in criminal proceedings.
During the investigation of economic crimes prosecutor often need to use specialized knowledge to solve a specific issue in the criminal proceedings. The simplest and most common in practice of investigation of economic crimes form the use of special knowledge is non-procedural, in the form of consultations with specialists (in the banking sector, economists, accountants, tax officers, criminologists, etc.). However, this form of use of special knowledge has resulted in obtaining evidence in criminal proceedings, procedural status of specialist, according to current Criminal Procedure Code of Ukraine (Articles 71, 72) does not provide a fully guarantee receipt of evidence that may be mentioned procedural evidence in criminal proceedings.
Evidence can only be results of specialized knowledge in legal form. The subject, which has such knowledge, is an expert who conducts forensic examination at the request of parties to criminal proceedings or on behalf of the investigating judge or the court to determine if the circumstances relevant to the criminal proceedings, requires special knowledge. These results of specialized knowledge issued in the form of procedural documents – the expert who is one provided by applicable criminal law proceedings types of evidence in criminal proceedings.
Keywords: documents, economic crimes, proof, investigation.