Сибирское юридическое обозрение (Dec 2023)
About Investigative Inspection Methods
Abstract
The article is devoted to the study of important methodological and applied problems of investigative inspection. In the introduction, the Authors defined the importance of the investigative examination in the formation of the evidence base in the investigation of crimes. The main problems of methodological and applied nature are identified. The article considers the question of the concept of inspection as a method of cognition and investigative inspection as an investigative action. In particular, the attempt of the legislator to define the concept of inspection in relation to other branches of law is analyzed. In addition, scientific approaches to the definition of the concept of investigative examination in forensic science are analyzed. The Authors emphasize the search essence of the investigative examination, since the search component warns the subject of the investigation from turning the action into a simple contemplation and fixation of obvious elements of the situation, objects and their signs. In addition, the Authors pay attention to the epistemological essence of the investigative examination, defining it as an organoleptic examination of objects. The definition of the concept of investigative inspection is formulated, the issues of its difference from the search are considered. In particular, the Authors investigate such criteria of differentiation as coerciveness of actions of the subject of investigation, as well as the nature and degree of awareness of the investigator about the sought objects and their features. At the same time, the Authors make a conclusion about the relativity of each of the criteria of distinction and the need to consider them only taken together. In the final part of the article the current problems of fixation of the results of investigative examination in the conditions of digital transformation of investigative activity are considered. Some lag of the proposed techniques and methods of this element of the investigative action from the realities of today is stated. In this regard, the article considers the possibility of using modern mobile devices (including smartphones) for photo and video recording in the process of investigative inspection. The paper concludes with the main conclusions and formulates legal and tactical recommendations.
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