ESSENCE OF CRIMINALISTIC TACTICS
Performing of criminal procedure activities during pre-trial procedure (investigative activities) in order to find and fix (according to criminal procedure) traces linked to criminal act event, compiling and checking of necessary evidence of corpus delicti presence and other circumstances linked to this event forms essence of any investigation of criminal offence. Modern system of investigative actions in Criminal procedure in Latvia is restricted to the following list of investigative actions: interrogation, questioning, face-to-face interrogation, inspection, exhumation, examination, investigative experiment, checking evidence in place, identification, search, seizure and expertise. Besides the list of investigative activities in Latvia there are also normative regulations about general requirements for their performing. Apart from expertise all investigative actions allow direct perception and fixation of criminal act traces by a person realizing investigation. Expertise is based on the mediated knowledge acquisition about criminal act traces. A person performing criminal investigation this knowledge receives with the help of an expert producing special study. The theoretical bases of all investigative actions are modern theories of observation, experiment, comparison, measurement and modeling. Type and content of a separate investigative action which is determined normatively in a given state is the determining factor in the designation and definition of its tactics. Totality of tactic regularities of performing specific investigative activities is forming criminalistic tactics. Therefore criminalistic tactics can be defined as chapter of special part of criminalistic theory describing and explaining regularities of performing investigative activities. Attempts by some authors to "embed" into criminalistic terminology such terms as judicial tactics, prosecutor's tactics, advocacy tactics and other similar "novels" have nothing to do with criminal investigation within the modern criminal procedure and do not belong to criminalistics. Use of such terms in scientific papers on criminalistics should be evaluated as obstruction of criminalistic terminology.
Abstract views: 344 PDF Downloads: 209