Structure of the Methodology of the Trial of Criminal Offenses against Justice
Abstract
Abstract. The article examines the theoretical and applied principles underlying the forensic methodology for the trial of criminal offenses against justice. It is substantiated that the modern development of the sciences of the criminal law cycle necessitates the development of methodological recommendations not only for the stage of pre-trial investigation, but also for judicial proceedings, which are increasingly accompanied by complex conflict situations, active opposition, and the need to use special knowledge. It is established that criminal offenses against justice are characterized by heightened conflict, a specific subject matter, a significant role for procedural behavior, and the prevalence of pressure on the court, witnesses, victims, experts, lawyers, and law enforcement officers. The main scientific approaches to determining the content, structure, and tasks of the forensic methodology of trial are analyzed. Based on the critical conclusions, it was found that, in modern doctrine, there are two main directions of construction: structural-subject and situational-algorithmic. An approach is proposed in which the methodology should include separate blocks of recommendations based on the procedural role of the relevant subject. The methodology for the trial of criminal offenses against justice is defined, and its structure is proposed. Typical judicial situations that may arise during the trial of criminal offenses against justice are characterized, as are typical forms of counteraction and methods for their neutralization. It is argued that developing a forensic methodology for the trial of criminal offenses against justice is a promising direction for forensic development and a necessary prerequisite for improving the efficiency of judicial proceedings.
Keywords: justice; forensic methodology; trial; crime; forensic support.
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