Tsentrov E.E.

The article discusses the scientific foundations of theoretical ideas about the regularities and laws studied by criminalistics. The historical development of ideas about the subject of criminalistics, introduction to the subject of science and forensic theory of the concept of “regularities” are shown. The authors disclose the concept of “regularity”, “law” and their correlation. The elements of the dialectical method, which are the basis of the theory and methodology of criminalistics, are given, the content of the basic dialectic laws, especially the law of the unity and struggle of opposites, is revealed. The concept of “reflection” (display) is considered as the result of the interaction of material objects that underlies the forensic investigation of the mechanism of formation the traces and the theory of identification.

The article considers the peculiarities of interrelation and mutual influence of criminal procedure theory and criminalistics. The article analyzes erroneous theoretical and procedural-legal constructions, contradictions and misconceptions. Special attention is paid to the functions of criminal proceedings. The misconception that “the functions of prosecution, defense and criminal case resolution are separate and cannot be assigned to the same body or official” is refuted.

The article discuses the circumstances in which the appearance of self-incrimination and reservation on the part of the person held criminally liable. The main criteria are given that allow one to assess the reliability of a person’s confession of guilt in a crime and to distinguish between true and false confessions. When assessing the confession obtained, it is necessary to take into account how fully and accurately the accused (suspect) is aware of the circumstances and details of the criminal event. In addition, it is necessary to take into account the possible suggestive nature of the various investigative actions used in the process of incriminating a person of a committed crime, presenting material evidence and other factual information.

The article deals with the influence of the leading question on the confession. The leading question, however, is not only understood in the traditional sense of the term as a question that contains information that prompts the answer. More broadly, it is a matter that accompanies the use of any information of evidence, the reporting of factual information in various investigative situations. This question leads to a certain answer. Introduction of the concept of “probability-oriented question” allows to differentiate between information and actions of a leading nature.

The article discusses incorrect theoretical positions about the essence of criminology as a scientific discipline engaged in direct forensic activities in the investigation of crimes and that this activity is carried out by an investigator. The functional and other features of the activities of a forensic investigator are outlined.

In forensic publications there are still controversial and not fully resolved issues related to the understanding of important essential problems of criminalistics, tactics, its essence, content and further development. The understanding of criminalistic tactics only as a system of recommendations on the most appropriate, rational methods of investigative actions and the process of investigation is controversial. Such an opinion does not correspond to the essence of criminalistics as a science based on the research of regularities of criminal activity. Tactical provisions have been developed, should be used and are actually used in practice, which are obligatory to follow them in the process of investigation. The rules include: the need at the very initial stage of the investigation to find out the alibi of the suspect/accused, to ensure a parallel verification of all versions, to inspect the scene of accident in cases of murder, rape, other violent crimes, theft necessarily in the absence of the suspect, accused even in cases of his confession. At the present stage, the traditional understanding of the leading question has changed. The concept of "conditionally leading question" is proposed — it is such a question, which together with the accompanying information may at first seem and be perceived as a leading question. To determine its essence, it is necessary to ask other related questions, analyze the available factual information, take into account the evidence that may be obtained later. The article sets forth other provisions. The following pattern is formulated: "sexual rapists, sexual maniacs, serial killers often have an irresistible urge to commit a subsequent or several subsequent crimes in the same place or near the place where one of the last or previous crimes was committed"