Organization of the Investigation of Crimes Against Justice Committed by Professional Participants of the Judicial Proceedings
Abstract
Abstract. The article presents a comprehensive theoretical and applied study of the features of the organization of the pre-trial investigation of crimes against justice committed by professional participants of the judicial proceedings. The forensically significant features of this category of criminal offenses are highlighted, including the special subject, the intellectual and documentary methods of commission, the increased level of latency, and active opposition to the investigation. The characteristic features of the mechanism of criminal activity and the trace picture, in which procedural documents and digital data dominate, are summarized, along with the need for an enhanced analytical component of proof and for logical and legal verification of formally lawful decisions for their illegal orientation. It is substantiated that the planning and organization of the investigation in such proceedings are of great importance, ensuring the manageability of the evidentiary process, the rational allocation of resources, compliance with reasonable deadlines, and the procedural stability of the obtained results. The article presents a multi-level model of investigation organization, combining the general system, management, methodological and tactical levels, and determines their practical significance for neutralizing the professional opposition of a special subject. The role of the prosecutor's office as a subject not only of procedural management but also of ensuring the legitimacy and impartiality of the investigation in the presence of risks of conflict of interest and corporate solidarity is outlined. Key organizational priorities that should be followed during the investigation are identified: specialization of investigators and formation of stable investigative groups; restriction of access to materials; strengthening of information security; analytical support; standardization of procedures for accounting, movement and storage of materials; effective interaction with operational-technical and expert units; internal quality control and deadlines.
Keywords: criminal justice; law enforcement agency; pre-trial investigation; prosecution; principle of organization.
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References
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