Circumstances to be established during the investigation of bribery provocation

Abstract

The scientific article is devoted to the issue of the circumstances to be established during the pre-trial investigation of criminal proceedings regarding the provocation of bribery. Based on the analysis of the scientific literature on the criminal process and criminology, it was established that in domestic science, questions devoted to the peculiarities of the investigation methodology, in particular, and the part of the circumstances to be established during the investigation of bribery provocation, remain unexplored. The considered positions of scientists regarding the significance of the circumstances to be established in separate methods of investigation of criminal offenses gave grounds to single out such circumstances as a separate element of the foundations of the method of investigation of provocation of bribery. It is assumed that such circumstances are factual data systematized on the basis of the norms of criminal and criminal procedural law, which are both included in the subject and limits of proof, and in some places go beyond them, at the same time, not establishing which excludes a full and comprehensive study of the subject of proof, which is necessary for the implementation of tasks of criminal proceedings, during its pre-trial investigation and trial. On the basis of the analysis of the opinions of scientists, investigative judicial practice and the survey of practitioners, we tentatively divided the circumstances to be established during the pre-trial investigation of a criminal proceeding on the provocation of bribery into three groups: 1) general (that is, those related to the event of a criminal offense); 2) personal (that is, those related to information about the victim and the criminal), which includes: information about the identity of the instigator and the instigator and the existence of the relationship "instigator-incited person", as well as with the persons who were involved in this; 3) additional (remaining circumstances that are important for criminal proceedings), which include: the presence of a causal relationship between the actions of guilty persons and their consequences; identifying the reasons and conditions that contributed to the commission of the crime; the type and amount of damage caused by a criminal offense; circumstances aggravating or mitigating punishment are excluded; exclude criminal liability or are grounds for closing criminal proceedings or are grounds for exemption from criminal liability, as well as circumstances that exclude the fact that the suspect committed another criminal offense.