Conducting Investigative (Search) Actions by Investigators: Criminalistic and Psychological Characteristics
Abstract
Abstract. Criminalistics and psychology are applied sciences whose theoretical knowledge helps combat crime. Investigative (search) actions serve as one of the tools in crime prevention, characterized not only by criminal procedural components (enshrined in the Criminal Procedure Code of Ukraine) but also by criminalistic and psychological aspects. The interconnection of these components assists investigators in forming a proper evidentiary base in criminal proceedings. The aim of this scientific article is to highlight the criminalistic and psychological characteristics of investigative (search) actions conducted by investigators. The chosen methodological toolkit aligns with the specified goal and the specifics of the object and subject of the research. The article utilizes a complex set of principles and methods of scientific cognition, including analysis, synthesis, comparison, deductive method, etc. The scientific novelty of the article lies in illuminating the criminalistic and psychological characteristics, taking into account the contemporary development conditions of criminalistics and psychology during the conduct of investigative (search) actions by investigators. It also identifies the features expressed in the interconnection of these aspects. Examples of implementing criminalistic and psychological aspects during the investigator's conduct of investigative (search) actions such as crime scene inspection, search, and interrogation are provided. It is established that the criminalistic aspect of conducting investigative (search) actions involves applying knowledge from criminalistic science during the performance of these procedural actions by investigators, while the psychological aspect involves applying knowledge from psychology during the conduct of such investigative activities by investigators. It is proven that the criminalistic and psychological aspects of investigative (search) actions are always interrelated, as they contribute to obtaining criminally significant information during the performance of a specific type of procedural action (micro-level) and are generally aimed at establishing all circumstances of criminal proceedings (macro-level). Neglecting these aspects by investigators during the conduct of investigative (search) actions may lead to negative results in achieving their goals.
Keywords: criminalistics; psychology; crime scene inspection; interrogation; search; criminalistic technique; tactics; methodology; observation; cognition.
Downloads
References
Androsiuk, V.H., Korniev, O.M., & Kudermina, O.І. (2009). Psychology of Investigative Activity. Kyiv: Prav. yednist.
Chaplynskyi, K.O., Luskatov, О.V., Pyrih, І.V. (et al.). (2017). Forensics (2nd ed.). Dnipro: Dnipropetr. Derzh. un-t vnutr. sprav; Lira LTD.
Chornous, Y., Baranenko, D., Yena, Y., Hvozdiuk, V., & Dulskyi, O. (2023). Collecting Evidence in the Investigation of Crimes Committed in the Field of Sports: International and European Standards. Retos, 51, 219-224. doi: 10.47197/retos.v51.99286.
Chornous, Yu.M. (2012). Theory and Practice of Forensic Support for Pre-trial Investigation in Cases of Crimes of International Character. Kyiv: Skif.
Denysovskyi, M.D., & Rodenko, T.A. (2023). Tactical features of interrogation and their characteristics. Galician Studies: Law Sciences, 1, 17-21. doi: 10.32782/galician_studies/law-2023-1-3.
Dilna, Z.F. (2020). Psychological Features of Investigator's Activity During the Scene Inspection. Journal of the National University "Ostroh Academy", 1(21), 1-14.
Havun, S. (2022). Investigative interview: recommendations for Ukraine. Uzhhorod National University Herald, 2(72), 199-204. doi: 10.24144/2307-3322.2022.72.65.
Hrechana, S. (2023). Tactical Interrogation Techniques during the Pre-Trial Investigation in the Court Session by the Investigating Judge:Forensic and Psychological Characteristics. Legal psychology, 33(2), 71-78. doi: 10.33270/03233302.71.
Hvozdiuk, V.V. (2020). Tactics of interrogation of the suspect in criminal proceedings in accordance with the practice of the European Court of Human Rights. Legal psychology, 2(27), 95-102. doi: 10.33270/03202702.95.
Hvozdiuk, V.V. (2021). Incorporating the practice of the European Court of Human Rights in the Conduct of the Scene Inspection. Bulletin of Luhansk State University of Internal Affairs named after E.O. Didorenko, 2(94), 107-119. doi: 10.33766/2524-0323.94.107-119.
Hvozdiuk, V.V. (2021). Tactics of conducting investigative (search) actions considering the practice of the European Court of Human Rights (Doctoral dissertation, Kyiv, Ukraine). Retrieved from https://elar.naiau.kiev.ua/server/api/core/bitstreams/11c100c1-3a72-4f06-b6de-f62cb95b0c1d/content.
Karafili, E., Wang, L., & Lupu, E.C. (2020). An Argumentation-Based Reasoner to Assist Digital Investigation and Attribution of Cyber-Attacks. Forensic Science International: Digital Investigation, 32. doi: 10.1016/j.fsidi.2020.300925.
Kashpur, A., & Sokyran, F. (2021). Interrogation of a Juvenile: Forensic and Psychological Characteristics. Legal psychology, 2(29), 61-69. doi: 10.33270/03212902.61.
Konovalova, V.O., & Shepitko, V.Yu. (2008). Legal psychology (2nd ed.). Kharkiv: Pravo.
Kripak, D.O. (2019). Psychological Features of Search Conduct. Psychological and Pedagogical Issues of Professional Education and Patriotic Upbringing of Personnel in the System of the Ministry of Internal Affairs of Ukraine: proceedings of the All-Ukrainian scientific and practical conference (pp. 181-184). Kharkiv. Retrieved form http://dspace.univd.edu.ua/xmlui/handle/123456789/13278
Lutsyk, V., & Havhun, S. (2020). Modern investigative interview models. Law Review of Kyiv University of Law, 1, 316-323. doi: 10.36695/2219-5521.1.2020.63.
Mukhina, H.S. (2019). Legal Psychology. V.M. Beschastnyi (Eds.). Kyiv: Dakor.
Myroshnychenko, Yu.M. (2023). Forensic support of court proceedings: ontological, methodological and praxeological aspects. Uzhhorod National University Herald, 2(79), 262-267. doi: 10.24144/2307-3322.2023.79.2.40.
Nechval, А.О. (2020). Search Tactics in the Residence and Other Property of an Individual (Doctoral dissertation, Kyiv, Ukraine).
Nikitina-Dudikova, H.Yu. (2020). Tactics of interviewing minors who are victims of crimes against sexual freedom and integrity. Legal Psychology, 1(26), 77-84. doi: 10.33270/03202601.77.
Oderii, O.V., & Hiertsyk, R.V. (2022). Methodology of judicial proceedings of criminal proceedings (theoretical aspect). Law Journal of Donbass, 4(81), 2, 178-184. doi: 10.32782/2523-4269-2022-81-4-2-178-184.
Osypenko, I.P., & Myshasta, K.B. (2022). General provisions of search tactics. Analytical and Comparative Jurisprudence, 3, 196-200. doi: 10.24144/2788-6018.2021.03.36.
Shepitko, V.Yu., Zhuravel, V.A., & Konovalova, V.O. (et al.). (2019). Forensics (Vol. 1.). V.Yu. Shepitko (Eds.). Kharkiv: Pravo.
Shovkoplias, K.I., & Hrynko, L.P. (2021). Methodology for conducting searches in the investigation of crimes related to human trafficking. Theoretical and practical aspects of modern scientific research: proceedings of the International scientific and practical conference (pp. 73-76). Seul. doi: 10.36074/logos-30.04.2021.
Tishchenko, V.V. (Eds.). (2017). Forensics. Odesa: Helvetyka.
Abstract views: 76 PDF Downloads: 119
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.