The humanities and social science

2021 Issue №1

Crime situation as an object of criminal law and criminological impact

Abstract

The article investigates the crime situation as an object of focus of crimi­nological and criminal justice measures of crime prevention. The methodology of the research relied on both general scientific methods (logical and systemic methods, method of analysis) and the method of formal legal analysis for in­terpreting the norms of criminal procedure and criminal law. The author demonstrates the growing attention to the crime situation, and this awareness contributes to crime prevention both at the level of regular practice and the legislation. The situational crime prevention was chosen as the optimal theo­retical framework for practical and legislative measures that affect the crime situation. The purpose of situational crime prevention is to neutralize or re­duce the external factors which let the criminal commit crimes more easily and introduce some barriers to it (ensuring protection, limiting the availabil­ity of funds and tools) or reduce the benefits from the criminal act (identifica­tion marks, increased surveillance). Considering a number of drawbacks in the crime-mitigation practice, in particular, ignoring the causes of criminal be­havior and totalizing control, the continuous assessment of such measures is seen as an effective solution.

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Expanding opportunities for obtaining testimony from witnesses in criminal proceedings

Abstract

Improving the quality of crime investigation is tightly linked with im­proving the quality of evidence gathering. The nature of the witness testimony requires further improvement of the forensic support to the process of evidence obtaining. The purpose of the study was determined by the need to consider the tactical possibilities of obtaining objective testimony from witnesses. While analyzing the ways to improve the interrogation tactics, the research considered social groups the witnesses belonged to. The article discusses gen­eral issues of the content of information and its basic elements. Dialectical and comparative research methods helped to define ways to improve the tactics of interrogation and the likelihood of applying the findings to administrative in­vestigation. The analysis of the selected categories of crime witnesses has de­termined the strategies of improving the testimony objectivity.

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Alternative to criminal prosecution against accused juveniles

Abstract

The article questions the need to introduce mediation as an alternative for criminal prosecution. The author of the article aims to prove the urgency of mediation for the criminal process, changing the concept of criminal prosecu­tion in relation to accused juveniles. Methodologically, the article relies on general scientific methods: logical and systemic ones, the method of analysis and comparison. The author argues that mediation is possible only in relation to minors aged 14 to 16 years. The mediation criteria system is analyzed and the obtained results are based both on the theoretical postulates of the criminal process and on an empirical basis (a survey was conducted among the subjects of law enforcement agencies of the Kaliningrad region).

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