MEANS OF CRIMINAL PROCEDURAL COGNITION


  • A. V. Vatral
Keywords: criminal procedural cognition, proving, investigative (search) actions, covert investigative (search) actions, criminalistics technique, identified (marked) means, fake (imitations) means

Abstract

The paper deals with the basic means of investigator’s cognition during investigation of a criminal offence. It was clarified that criminal procedural cognition as a process of knowledge formation on factual circumstances of the committed crime, unlike other kinds of human informative activity, occurs in the form ofproving. The relationship of notions «knowledge» and «proving» was analyzed. It was proved that resolving tasks of the criminal process depends on criminalistics means of reception, analysis and estimation of the evidential information to which it’s possible to refer investigative (search), covert investigative (search) actions and criminalistics technique, as well as identified (marked) and fake (imitating) means. The reason were given that investigative (search), covert investigative (search) actions in gnoseological and methodological plans are the means for cognition of crime event, persons who committed it, as well as the circumstances of criminalproceedings, that is, practical cognitive activity in the procedural form established by the law. The criminalistics technics as the set of devices, apparatus, equipments, gears, methods and ways of their use, has a number of common features with the means applied during covert investigatory (search) actions. The role of cognitive means which consists in revealing, recording and further investigation of the crime traces and also in creating conditions for necessary information receiving is defined. The data received with the help ofspecial means, are used in criminal procedural informative activity for the construction of versions, planning of crime investigation with the aim to restore a reliable picture of the event occurred. There was paid attention that the true knowledge acquired in the course ofpre-judicial investigation and judicial proceeding is decisive for their results because they allow to make well-founded criminally-procedural decisions on brining a guilty person to a responsibility for the committed crime.


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Published
2017-11-29
How to Cite
Vatral, A. V. (2017). MEANS OF CRIMINAL PROCEDURAL COGNITION. Theory and Practice of Forensic Science and Criminalistics, 17, 47-55. https://doi.org/10.32353/khrife.2017.06