Criminalistic Aspects of Classifying Investigatory Actions as One of the Key Means of Proof

Abstract

The paper contains an analysis of the concept of means of proof. Based on the etymology of the term “means” as a technique and mode of action in order to achieve something or as a tool in some activity, it is concluded that means of proof should include, fist, evidence and any information that the court, the prosecutor, the investigator or the inquirer use to establish the circumstances that need to be proven in criminal proceedings, as well as other circumstances relevant to the criminal case, second, samples for comparative research that do not have any independent significance, but are used for comparison with physical evidence and other objects, third, investigatory and other procedural actions that are the key method of collecting evidence for the investigator (the inquirer), fourth, tactics that are usually determined as most rational, effective modes of action or most expedient behavior of the person performing investigatory actions, fifth, operative search activities whose results may pose grounds for initiating a criminal case, be presented to the investigative body, to the investigator or the court responsible for the criminal case or materials of verifying a report on crime, sixth, tactical (operative-tactical) combinations (operations). Further the authors examine the concept and classification of investigative actions according to the subject authorizing investigative actions, to the methods they are based on, to the subjects performing such actions, depending on the necessity of involving witnesses, of involving experts, depending on the use of technical equipment, based on the criteria of the speed of fixing the traces of crime, and according to the stages of an investigation. It is concluded that classifications are a methodological basis for solving both theoretical and practical problems, and even wrong classifications play a positive role in the progress of this science because they allow us to reject the flawed option and quicker determine the way to the right solution of the problems that the science faces.