Новое процессуальное средство экспертного установления обстоятельств (причин и условий), способствовавших совершению преступлений

Abstract

The formation of a system of evidence in a criminal case and the adoption of a final procedural decision on this basis is an indicator of the determination of the circumstances to be proved. However, not all the circumstances specified in Art. 73 of the Code of Criminal Procedure of the Russian Federation find direct confirmation in the framework of a criminal case. In particular, circumstances conducive to the commission of crimes are often identified formally and rarely supported by concrete evidence. This is due, on the one hand, to the satisfaction in the process of proof with the typical reasons and conditions for the commission of the crime, on the other, to the lack of procedural means to establish them. The authors consistently substantiate and propose as a new procedural means of expert establishment of the circumstances (causes and conditions) that contributed to the commission of crimes, judicial anti-corruption expertise to identify and evaluate corruption factors in legal acts and their projects.