Peculiarities of forensic characterization in the investigation of criminal offenses committed by judges

Abstract

The article is devoted to the analysis of the degree of scientific development of the issues of criminalistic characterization. The scientific approaches to determining the essence of the criminalistic characterization of crimes in the structure of the investigation methodology are considered. The importance of this scientific category is emphasized. It is noted that one of the most important components in the structure of the forensic methodology is the forensic characterization of a crime. The author reviews the literature in the field of criminal law, criminal procedure, forensics, and operational and investigative activities related to abuse of power or official position by a judge in the administration of justice, and also their detection and investigation. The author presents different approaches to the concept and structure of forensic characteristics in general and, in particular, to the structure of forensic characteristics of acceptance of an offer, promise or receipt of an unlawful benefit. Based on the results of the analysis of court practice on combating undue advantage in Ukraine in recent years, it is established that a significant share of such encroachments falls on the judiciary. The author analyzes the concept and components of the forensic characterization of criminal offenses committed by judges. It is found that its structure includes the following elements: identity of the offender, identity of the victim, method of commission, object of the offense, setting, time and place of commission, motive and purpose of the criminal offense, typical traces of the crime (“trace pattern”). The existence of interrelations between the elements of forensic characterization makes it possible to use a systematic approach in the study of this issue. It is stated that the subject of criminal encroachment is an unlawful remuneration; the author identifies the ways of committing and concealing a crime; the author proposes to divide the ways of direct receipt of unlawful benefit into certain types; the elements of the “trace picture” are revealed; it is emphasized that the most typical places of giving and receiving unlawful benefit by judges are the office, other premises of a particular institution or organization, and public places; the author also emphasizes the characteristic features of the offender and the victim. The analysis of monographs, dissertations and other scientific works on the outlined issues has shown that the fundamentals of the methodology for investigating criminal offenses committed by judges remain undeveloped.