Use of special knowledge in investigation of anti-morality crimes

Abstract

The scientific article deals with some aspects of the investigation of crimes against morality. The peculi-arities of the use of special knowledge in the investigation of this category of criminal offenses are con-sidered. The author emphasizes that during criminal proceedings at the stage of both pre-trial investigation and in court, questions may arise, which, due to their narrow specialization and unlawful nature, may not be within the power of the investigator and the court. In such cases, other participants in the criminal process are involved in the process of proving - persons who have special knowledge sufficient to make a qualified solution to the problem. It is noted that special knowledge is a set of theoretical knowledge and practical skills in the field of science, technology, arts, crafts obtained as a result of vocational training and professional education used for the prevention and investigation of criminal offenses. The view is maintained that the following should be attributed to independent forms of the use of specialized knowledge: the direct application of specialized knowledge in science, technology, art and craft by the judge himself; appointment of examinations; appointment of audits; knowledge that is inherent in various types of professional activity, except knowledge that is professional for the investigator and the judge, and is used in the investigation of crimes and criminal proceedings in court in order to facilitate the establishment of the truth of the case in cases, forms and procedures determined by criminal- procedural legislation; consulting assistance of a specialist without involving him personally in court actions; expert's participation in court actions. It is emphasized that specialized knowledge can be used directly and indirectly by an authorized person. Based on the analysis of judicial investigative practice, the following were distinguished among the main forms of use of special knowledge in the investigation of crimes against morality: direct (use of special knowledge by investigators in carrying out individual procedural actions); mediated (appointment of forensic expertise and involvement of relevant specialists in individual procedural actions).