The peculiarities of investigative (search) actions in penal institutions during the investigation of criminal offenses committed by convicts are highlighted in the article. The main patterns and results of scientific research in this area are identified. Legislative norms and peculiarities of conducting investigative (search) actions in penal institutions are analyzed and scientifically substantiated proposals for improvement of criminal procedural legislation are developed.
The problems of tactics of investigation of criminal offenses in penal institutions under the condition of receiving convicts’ reliable and complete testimony (witnesses, victims, accused and suspects) are studied.
Methods of conducting investigative (search) actions in penal institutions are considered and the necessity to take into account the fact that they are carried out at the regime facility is emphasized. It has been determined that convicts or prisoners and employees of penal institutions may not be involved as some of the participants of the investigative (search) actions, namely witnesses to the search. Emphasis is placed on the problem related to the fact that in practice, in most cases, individuals do not agree to be witnesses to the search during investigative (search) actions. This happens because to the following reasons: firstly, the relevant procedural actions take a long time, and secondly, individuals are worried about their lives, health and future (because convicts may threaten them in penal institutions).
It is emphasized that forming of the methodology of investigation of penitentiary criminal offenses is another step in filling the system of criminalistics methods, in deepening knowledge of the mechanism of recurrent criminal offenses, new approaches in finding the most effective methods of detecting, investigating and preventing criminal offenses that take place in penal institutions.
It is concluded that the institute of investigative (search) actions, as an effective means of criminal procedural evidence, needs constant improvement as a procedural form, taking into account the practice of its application, as well as improving the organizational and tactical principles of its implementation.
Key words: penal institutions, convicts, criminal offenses, investigative (search) actions, methodology, tactics of investigation.
References
- Banchuk, О. А., Kuibida, R. О. and Khavroniuk, М. І. (2013), Scientific and practical commentary on the Criminal Procedural Code of Ukraine, Faktor, Kharkiv.
- Amorfov, S. S. (2014), Conducting investigative public and covert actions: theory and practice, Yurydychnyi aspekt, Kharkiv.
- Loboiko, L. М. (2014), Criminal Process, Istyna, Kyiv.
- Zinchenko, S. А. (2017), Formation of tactics of searches in penal institutions, Pravo, Kyiv.
- Stanovych, Yu. М. (2009), “Peculiarities of conducting investigative search actions in relation to criminal offenses committed in penal institutions”, Problems of Criminal Law, Process and Criminalistics: materials of the international scientific and practical conference, Odesa, pp. 248–252.
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