Discrediting the Subjects of Crime Disclosure and Investigation and the Criminalistic Methods of Neutralizing It

Abstract

The article discusses the topical aspects of criminalistic methods for neutralizing the discreditation of the subjects of crime disclosure and investigation viewed as a special form of counteraction by suspects and accused persons. Using theoretical works of scholars of criminalistics, the authors analyzed the theory of counteraction to investigation and established the effectiveness of modern scientifically grounded methods and ways of neutralizing the unprecedented counteraction from the criminal environment in the 1990-s in the structure of organized criminal activities. They studied the conditions for the criminalistic research of discrediting the subjects of crime disclosure and investigation as a method of post-criminal counteraction - the subject-object organization of criminalistics, the development of the criminalistic theory on neutralizing the counteraction to crime investigation, the combination of the activity-based and situational approaches to researching this type of actions. The analysis of monographs on the problems of discrediting the subjects of criminalistic activity in modern conditions allowed the authors to state that they are little-studied and require substantial research, which will help improve the professional competence of the subjects of crime disclosure and investigation, increase the rates of anti-criminal activities in Russia, as well as contribute to all the fundamental areas of the science of criminalistics. It is proven that the discreditation of the subjects of crime disclosure and investigation is an unlawful method of falsifying information characterized by both general (used in all methods and ways of falsification) and specific features typical of only this type of destructive and unlawful human actions and behavior. It is noted that in most cases the discreditation of subjects responsible for criminalistic activities does not constitute a single intent with the method of committing a crime, i.e. its nature is relatively independent and connected with post-criminal determinants. The key goal of the studied way (method) of counteraction consists in obstructing law enforcement in crime disclosure and investigation. The authors present a criminalistic concept of discrediting persons involved in crime disclosure and investigation as a method of counteracting the investigation, analyze their characteristics, prove their scientifically grounded practical value for improving the effectiveness of crime disclosure and investigation.