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- Номери журналу
- Criminal identity as an element of forensic characteristics of violation of privacy
Criminal identity as an element of forensic characteristics of violation of privacy
Анотація
The article is devoted to the research of the person of the offender as an element of criminalistic characteristic of violations of privacy of the private life. The urgency of the study of this issue is that the person of the offender as an element of criminalistic characteristics of violations of privacy of a private life, despite its practical significance, has not been investigated in forensic literature. The purpose of this article is the scientific substantiation of the structure of the person of the offender as an element of criminalistic characteristics of violations of privacy of the privacy and disclosure of its content.
In the article, on the basis of system analysis of theoretical scientific regulations, norms of domestic legislation and materials of investigative and judicial practice, reveals the problematic issues regarding to the person of the offender as an element of criminalistic characteristics of violations of privacy of a private life, formulates his concept, determines the content of this element and substantiates its structure and correlation relations, the personality of the offender with other elements of criminalistic characteristics of violations of privacy of the private life. It turns out that the system of information about the perpetrator's personality allows not only to correctly classify a criminal offense committed, but also significantly improves the effectiveness of the process of promoting versions and planning of the investigation, the choice of tactical methods for conducting procedural actions and investigations in general.
It is concluded that the person of the offender as an element of forensic characteristics is a collection of information about physical, social, moral and psychological and other features and properties characteristic of persons who committed a criminal offense of a certain type.
The offender is a person who is unauthorized to collect, store, use, destroy, distribute and modify information about the private life of another person, who is the confidential information about this person, in the course of violations of privacy.
The summarized data on the identity of the offender as an element of criminalistic characterization of violations of privacy of the private life and their correlation with other elements of forensic characteristics are established.
Key words: criminalistic characteristic, element of criminalistic characteristics, person of the offender, structure of the person of the offender, private life, inviolability of private life.