Event Criminal Offense as a Fact to be Proved in the Investigation of Crimes Related to Terrorism

Abstract

The article deals with the establishment features events a criminal offense subject as part of evidence in the investigation of crimes related to terrorism. The essence of the concept of «terrorism» in view of the disposition of the articles of the Criminal Code of Ukraine, which determine the punishment for the aforementioned acts. It is noted that such constituent subject of proof, as the event of a criminal offense can not be proved in full without establishing its object, and therefore determine the content, nature of the event (action or inaction), participants require inquiries that indicate the subject of crime, related to terrorist activity. This is the key to its disclosure, thorough and impartial investigation. The author believes that one reason for the establishment of a crime related to terrorism, is that using the term «event criminal offense» Code of Ukraine does not reveal its nature and content, its constituent elements to be set on the basis type of criminal offense, the specific factual circumstances of the criminal proceedings and so on. It is concluded that the finding of crimes related to terrorist activities necessary research features, which are carriers of the circumstances and conditions of committing terrorist actions contributing nomination version of the mechanism of the crime initially, determine methods and ways to identify, investigation and disclosure of these criminal illegal actions. Giving a definition of «terrorism» must provide the following key features inherent to this phenomenon as social danger of the act (criminal punishment); anonymous actions in preparing stock and publicized their commission and results; availability inherent in shares of terrorism, the nature of coercive power to acts or omissions and to intimidate the population. Thus, investigating crimes related to terrorism, in each case, set attributes associated with the event a criminal offense.