О понятии и видах оправдательных обстоятельств

Abstract

Abstract: Introduction. The article describes the issues of the concept, content of exculpatory circumstances in the investigation of crimes. Justifying circumstances are important in the system of establishing the event of a crime and proving the guilt of a particular person. Verification of the named circumstances is obligatory, no matter by whom they are stated. The forensic issues of verification of exculpatory circumstances have been given sufficient attention in science. However, at present it is necessary to carry out a detailed study of not only the circumstances specified in Chapter 8 of the Criminal Code of the RF, but also a number of other exculpatory data.
 Methods and results. In the process of research the authors used statistical and formal-legal methods. The analysis of exculpatory circumstances was conducted from the perspective of the structure of investigation and resistance to investigation, the mandatory verification of exculpatory circumstances, which is an important element of proving both the event of the crime and the guilt of a particular person. The article considers the types of exculpatory circumstances. The methods of verification of alibi, impossibility of committing a crime by a particular person due to illness, lack of physical data necessary for the commission of a crime. The methods of verification of the specified exculpatory circumstances are considered. The importance of verification of information on exculpatory circumstances for completeness and objectivity of investigation is shown.