- Journal Issues
- № 3 2016 The prosecution side in criminal proceedings
- Problems of criminalistics
- Organization and tactical temporary access to documents in the investigation of economic crime
Organization and tactical temporary access to documents in the investigation of economic crime
Review
Based on analysis of sources of criminal procedure, criminology, forensic psychology and other sciences, the organizational and tactical aspects of the proceedings of the measure to ensure the criminal proceedings as temporary access to objects and documents are considered in the article. It is emphasized the importance of forensic aspects of the event for proof in criminal proceedings for economic crimes, provided recommendations for its effective implementation.
Based on researches of practice, typical investigating situations, which are during this event, are considered. There are three of them: 1) temporary access to documents held in a person who does not create a conflict during the event; suggests that the necessary documents are not issued, may be hidden or destroyed are absent; 2) there are reasons to believe that the person in possession of documents which are not freely carry out transmission of documents; 3) there are reasons to believe that the person in possession of documents which are, try to alter or destroy documents. The third investigative situation is the most unfavorable for the investigation and one that necessitates a thorough implementation of the temporary access to documents. Typically, such a situation arises where the documents to be issuing, is not strict accountability documents and document holder is suspect, his associates, possible accomplices of committing economic crimes and others.
We can conclude that settled norms of criminal procedural law implementation procedure of temporary access to the things of documents are positive development of the domestic legislator approach towards regulation of criminal procedure with international standards and provide a higher level of individual rights. However, the need of scientific development and further improvement of the organizational and tactical aspects of its implementation.
Keywords: organization, tactics, temporary access to objects and documents, the Criminal Procedure Code of Ukraine.