Proving the Status of a «Thief in Law» in Criminal Proceedings in Ukraine: Procedural Issues and Case Law
Abstract
Abstract. This article provides a comprehensive analysis of the problems involved in proving a person’s status as a «thief in law» within criminal proceedings in Ukraine under conditions of normative uncertainty of the relevant criminal law construct. The relevance of the study stems from the introduction into criminal legislation of the category of a subject of increased criminal influence and the absence of clear statutory criteria that would allow the unequivocal establishment of such status through traditional procedural mechanisms. The purpose of the article is to determine the limits and possibilities of procedurally proving the status of a «thief in law», as well as to identify the risks of substituting evidentiary reasoning with subcultural perceptions or assessments of a person’s reputation. The methodological framework of the study is based on formal legal, systemic, functional, and comparative legal methods, as well as an analysis of judicial practice and a synthesis of contemporary scholarly approaches to the study of organized crime. Particular attention is paid to the correlation between criminal law and criminal procedure aspects of status determination, the role of covert investigative actions, expert examinations, and the position of the individual with respect to their own status. The study demonstrates that the normative uncertainty of the concept of a “thief in law” makes it impossible to apply the classical model of proof based on official documents and necessitates the use of indirect procedural identification of status. It is shown that subcultural descriptions of «coronations» or other rituals cannot possess independent evidentiary value, and that the establishment of such status is permissible only on the basis of a set of verifiable facts concerning the person’s actual conduct, hierarchical role, and factual influence on others. The scientific novelty of the research lies in formulating procedurally significant boundaries for proving the status of a «thief in law» and in distinguishing between the admissible establishment of a social fact and impermissible status attribution. The practical significance of the findings consists in their potential application in the activities of pre-trial investigation bodies, courts, and the defense, with a view to ensuring compliance with procedural guarantees and standards of a fair trial.
Keywords: organized crime; criminal influence; evidence; criminal proceedings; covert investigative actions; forensic examination; court; defense counsel; accused; criminal procedure; criminal liability.
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