Ensuring Security for the Participants of Criminal Proceedings: Forensic Aspects

Abstract

One of the urgent tasks of criminalistics has been studied – the content and elements of forensic security of the participants of criminal proceedings have been determined. Traditionally, this activity is given considerable attention in the areas of criminal law, criminal procedure, as well as operative and search activities. The few works of criminalists mainly reflect the problems of anonymity of interrogating the witnesses, recommendations on tactical features of the interrogation and identification by the means of videoconference. Thus, there are currently no comprehensive studies of forensic aspects of ensuring security for the participants of criminal proceedings in Ukraine.

Systematization and improvement of theoretical provisions of forensic security of the participants of criminal proceedings, determining the content and elements of forensic aspects of the researched activity will facilitate both further development of forensic science and have a positive impact on investigative and judicial practice.

The author has defined such forensic aspects of ensuring the security for the participants of criminal proceedings as technical and forensic, tactical and forensic, methodological and forensic. Technical and forensic aspect should cover the development and improvement of scientific principles and forensic recommendations for the application of special technical means and methods of ensuring the security of persons. The content of tactical and forensic security of the participants of criminal proceedings will be the development of scientific principles and forensic recommendations for the application of organizational measures and tactical means and methods (tactics, tactical combinations, tactical operations) during the preparation, conduction and recording of certain investigative (search) actions with the participation of persons, in respect of whom security measures are provided. Methodological and forensic security of the participants of criminal proceedings should include the development of methodical recommendations on such specific features of investigating certain types of crimes due to the security of individuals, in particular due to the interaction of law enforcement agencies in ensuring the security for the participants of criminal proceedings, the use of special knowledge, cooperation with national state institutions, law enforcement agencies of other countries, etc.