Problematic aspects of the inspection of the scene during the investigation of traffic accidents

Abstract

The article is devoted to the study of problematic aspects of the inspection of the scene during the investigation of traffic accidents. During the presentation of the main material, it is emphasized that given the specificity of the investigation of traffic accidents and the «saturated» trace picture during the inspection of the scene of the incident, certain problematic aspects of the inspection may negatively affect the effectiveness of the pre-trial investigation and the fairness of the final decision in the case. It is indicated that the participants in the traffic accident are persons who already have a procedural «status» in the criminal process. This can be a person whose rights and legal interests may be limited or violated, or another person whose rights or legal interests are limited during the pre-trial investigation. The presence of these persons during the inspection must be reflected in the protocol of the inspection of the scene of the incident, which in turn gives them the right to familiarize themselves with the contents of the latter. It is noted that the use of continuous video recording by the investigator during the inspection of the scene of the traffic accident, recording the participation of the inspection participants in the protocol and ensuring their right to familiarize themselves with the materials should increase the effectiveness of this investigative (search) action. It is indicated that the collection of evidence by the prosecution must be carried out in accordance with the legal procedure. It is proposed to make changes to the Criminal Procedure Code of Ukraine, which would allow the prosecution to record the testimony of technical devices and technical means that have the function of photo and video recording, before entering data into the unified register of pre-trial investigations, by analogy with the inquiry procedure. It was emphasized that the video material obtained from the car video recorder by illegal entry into the vehicle is inadmissible evidence, and such actions should entail the liability provided for by law. It is emphasized that the investigator’s ban on any person from leaving the place of inspection before its completion and taking any actions that interfere with the inspection is legal only if the person is recognized as a participant in such an inspection. Considering the procedural consequences, such a ban cannot be considered a criminal procedural detention.