Main Directions for Improving Legal and Tactical Bases of Identification by the Mental Image while Conducting the Identification Procedure

Abstract

The basic ideas and conceptual provisions developed by scholars-processualists and criminologists form the basis for conducting a study of the procedural and forensic foundations of presentation for the identification. The study of this issue by scholars has gained significant results in the development of the legal theory of procedural and forensic provision of presentation for the identification. However, attention should be paid to certain provisions that need to be improved, as well as the problematic moments of the definition of the subject and object of presentation for the identification as a procedural form of identification by mental images. The forensic doctrine of investigative (search) actions guides criminologists who develop tactical and psychological aspects of individual investigative (search) actions to the most optimal recommendations. This is due to the need to meet the needs of investigative practices. Achievement of the most effective result is possible not only by the systematization of scientific achievements, but also by applying a number of approaches to the objects under study. The original sources before presentation for the identification are divided into two groups: legal (procedural) and forensic. This position should be accepted, since it has both the law-making, law-enforcement and scientific-research significance. However, in each particular criminal proceeding, there are situations that require solving only by presenting for the identification. Not only the facts gathered in criminal proceedings are important as the primary sources of this investigative (search) action but also information that is not available to the investigator, prosecutor, but is necessary to verify, establish the sufficiency and increase the volume of evidence and establish unknowns on a certain moment of circumstances relevant to the proceedings. On the basis of the analysis of materials of the investigative practice in different categories of investigative situations, it was established that the necessity of presenting for identification occurs most often in the case of detecting a corpse with signs of violent death, provided that there is no information about the victim’s identity. The primary source for presenting for the identification as a procedural form of identification by mental images is a certain information uncertainty that takes place in relation to any circumstances to be clarified. First, during the identification of mental images with the help of presentation for the  identification, it is necessary to distinguish between the notion of the subject of presentation for the identification of both the investigative (search) action and the subject that recognizes. The next problem point, which needs to improve the legal and tactical foundations of identifying mental images during the identification, we see the problem of objects that are presented for the identification. The primary source for presenting for the identification as a procedural form of identification by mental images is a certain information uncertainty that takes place in relation to any circumstances to be clarified. The scientifically grounded classification of subjects of the identification is important as it forms the basis for the successful and effective solution of the set of cognitive and constructive tasks. The significance of this classification can not be overestimated, since it is a prerequisite for effective knowledge of the object being studied. Improvement of the legal and tactical foundations of identifying mental images during the identification can be improved by completing Part 1 of Art. 230 of the CPC of Ukraine by the following text: «Dead bodies of persons, animals and other biological objects with identifying signs may be presented for the identification».