Forensic classification of criminal offenses committed in the field of professional legal assistance

Abstract

This article purpose is to develop a classification of criminal offenses committed in the field of professional legal assistance based on criminal law and forensic criteria. For achieving this goal, a complex of general scientific (analysis and synthesis, induction and deduction) and special (dialectical, system-structural, comparative law, generalization) methods of scientific knowledge was used. It is proven that forensic classification of criminal offenses is one of leading tools of scientific knowledge and practical organization of investigations. It not only classifies criminal offenses by essential specifics, but creates the basis for development of individual forensic investigation methods of various levels of generalization. Generalization of scientific approaches demonstrates diversity of criteria for classifying criminal offenses against justice: from determining offense object and identity of the offender to taking into account the methods of commission and consequences. At the same time, none of the presented approaches fully covered criminal offenses that encroach on the scope of professional legal assistance and therefore their classification. It was this gap that became the basis for developing the author’s forensic classification of this group of criminal offenses. The proposed approach involves identifying the following main criteria: object of the criminal offense and the specifics of encroachment subject, subject of the criminal offense, method and circumstances of its commission, consequences and the tools (means) used. This made possible to identify offenses against the life and health of lawyers, crimes that encroach on the safety and freedom of their activities, property encroachments, as well as actions aimed at violating the guarantees of independence of  legal profession and the confidentiality of professional activities. The developed forensic classification not only fills the existing gap in science, but also has practical significance. It creates a basis for developing specific investigation methods, optimizing the planning of pre-trial investigation, forming tactical techniques and predicting the behavior of criminals. In addition, its application will contribute to strengthening the guarantees of independence of the legal profession, increasing the effectiveness of the protection of individual rights and confidence in the justice system.