Methods, Tools and Means of Committing Criminal Offenses in the field of Professional Legal Assistance

Abstract

The purpose of the article is to reveal forensic essence of the methods, instruments and means of committing criminal offenses in the field of professional legal assistance, determine their structure, functional features and significance for formation of forensic characteristics and improvement of the methodology for investigating this category of offenses. For achieving this goal, a set of general scientific (analysis and synthesis, induction and deduction) and special (dialectical, systemic-structural, formal-legal, comparative-legal, generalization) methods of scientific cognition were applied. It is substantiated that method of committing criminal offense is one of the most important elements of the forensic characteristics reflecting patterns of criminal behavior, determines peculiarities of the trace picture and is crucial for organization of the pre-trial investigation. It is proved that in the field of providing professional legal assistance, methods of committing criminal offenses are characterized by a combination of open and latent forms of influence, including physical, psychological, informational and procedural organizational pressures, and are associated with growing role of digital technologies in the implementation of criminal intent. Generalization of scientific approaches made it possible to clarify the ratio of the categories “method”, “instrument” and “means” of committing a criminal offense. A distinction is proposed, according to which instruments are objects that are directly used during the implementation of the objective side of a criminal offense, while the means include resources that provide training, facilitate implementation of a criminal plan or contribute to the concealment of criminal activity. It is determined that the same object, depending on its functional role, can act as both an instrument and a means of committing a criminal offense. Based on the analysis of provisions of Criminal Code of Ukraine, the characteristic methods of committing criminal offenses under its Articles 374, 397-400, 400-1 are revealed, typical models of criminal influence on the subjects of professional legal assistance are outlined. It is proved that research on methods, instruments and means of committing such offenses has not only theoretical but significant practical significance, as it allows to predict typical traces, form reasonable investigative versions and improve tactical approaches to the investigation. The obtained results contribute to deepening of forensic ideas about the mechanism of criminal offenses in the field of professional legal assistance and create the basis for the development of special methodological recommendations for their detection, investigation and proof, as well as for strengthening the guarantees of independence of advocacy and the effectiveness of human rights protection.