Features of evidence in the investigation of crimes against sexual integrity
( Pp. 144-149)

More about authors
Trusova Natalia Sergeevna Dolzhnost: pomoschnik prokurora
Lefortovo inter-district prosecutor’s office; Moscow academy of economics and law
Abstract:
In the present article we discuss the features of evidence in the investigation of crimes against sexual integrity against. Although there are many specially developed techniques of investigation of crimes against sexual integrity in which the process of proof is given due consideration organizational and methodological activities are constantly in need of improvement, and sometimes serious revision. This fact was the reason for writing the article, whose purpose - improving the legal and organizational methods of evidence in the investigation of one of the types of sex crimes - crimes against sexual integrity. For writing this article the author uses the dialectical method as a universal method of scientific knowledge of reality. Also used a number of scientific methods of knowledge (observation, comparison, statistical method, analogy, abstraction, induction and deduction, modeling a hypothetical method of systemically structural method. Part of the studied relations lies in the plane of criminology, procedural and substantive law, therefore, be used as methods of knowledge chastnonauchnogo, including the method of sociological studies of judicial practice, logical, critical, and others. Methods. The author analyzes the process of proving to the theory of proof and legal provisions of the Code of Criminal Procedure and Evidence, evidence in criminal proceedings. Particular attention is paid to the evidence against criminal attacks against sexual inviolability of minors. Studied in detail the procedure for obtaining, recording, research and evaluation of evidence in the investigation of sexual assault against minors. Is a critic of the current legislation. We propose new techniques to methods of investigation. The importance of the methodical study of evidence in the pre-trial stages of the process, not only for the correct qualification of crimes, but also for the fairness of sentencing, to minimize judicial errors. Research author can become a topic of general discussion on the process of evidence as part of criminal proceedings, as well as serve as a basis for further research, with the goal of developing modern methods of crime investigation. The practical significance of the results of the present study may be expressed in the possibility of using officials of preliminary investigation techniques, methods of obtaining, recording, evaluation of evidence proposed by the author. Social consequences of the application of research results in practice may be to increase the efficiency of proof of crimes against sexual integrity, which will correctly classify criminal acts and to appoint a just punishment, will help to interpret provisions of criminal law, to take a unified approach to address the problems arising from the preliminary investigation and will bring them minimized. The originality of the study lies in the fact that it presents new ways of obtaining evidence in the investigation of sexual crimes, which can be incorporated into new methods of investigation, as well as manuals on criminology.
How to Cite:
Trusova N.S., (2015), FEATURES OF EVIDENCE IN THE INVESTIGATION OF CRIMES AGAINST SEXUAL INTEGRITY. Gaps in Russian Legislation, 3 => 144-149.
Reference list:
Voronin M. A. Vopros isklyucheniya priznaka zavedomosti iz dispozitsii stat i 134 UK RF // Mezhdunarodnyy nauchno-issledovatel skiy zhurnal. № 4 (11). 2013, s. 111-112
Il ina O.YU. CHastnopravovye i publichno-pravovye prezumptsii interesov rebenka v semeynom prave RF// Biznes v zakone. Ekonomiko-yuridicheskiy zhurnal. 2005. № 1. S. 120-125.
Kravtsova O.V. Voprosy obespecheniya bezopasnosti poterpevshego pri rassledovanii prestupleniy// CHernye dyry v Rossiyskom zakonodatel stve. 2009. № 3. S. 142-143.
Levchenko A. Takticheskie osobennosti osnovnykh sledstvennykh deystviy pri rassledovanii prestupleniy protiv polovoy neprikosnovennosti maloletnikh. http://pedofilov.net/analytics
Ruzlev A.I. Problemy kvalifikatsii polovogo snosheniya i inykh deystviy seksual nogo kharaktera s litsom, ne dostigshim shestnadtsatiletnego vozrasta (st. 134 UK) // Politika, gosudarstvo i pravo. 2014. № 1
Ugolovno-protsessual nyy kodeks Rossiyskoy Federatsii ot 18.12.2001 N 174-FZ (red. ot 30.03.2015)// Sobranie zakonodatel stva RF quot;, 24.12.2001, N 52 (ch. I), st. 4921
Ugolovnyy kodeks Rossiyskoy Federatsii ot 13.06.1996 N 63-FZ (red. ot 30.03.2015, s izm. ot 07.04.2015)// Sobranie zakonodatel stva RF, 17.06.1996, N 25, st. 2954
Federal nyy zakon ot 29.02.2012 N 14-FZ quot;O vnesenii izmeneniy v Ugolovnyy kodeks Rossiyskoy Federatsii i otdel nye zakonodatel nye akty Rossiyskoy Federatsii v tselyakh usileniya otvetstvennosti za prestupleniya seksual nogo kharaktera, sovershennye v otnoshenii nesovershennoletnikh quot;// Sobranie zakonodatel stva RF, 05.03.2012, N 10, st. 1162
Keywords:
sexual integrity, non-violent action, helplessness, zavadovski.


Related Articles

4. Human and civil rights and freedoms, guarantees of their provision Pages: 46-49 Issue №4016
On some issues related to the law on crimes against sexual integrity
sexual integrity a pedophile criminal qualifications the "Internet"
Show more
10. CRIMINAL LAW AND CRIMINOLOGY Pages: 114-117 Issue №10327
Criminalistic characterization of the personality of a criminal who commits crimes against the sexual inviolability of minors
the identity of the offender sexual integrity sexual violence minors
Show more
5. Criminal law and criminology; Criminal enforcement law Pages: 104-109 Issue №5306
DREAM AS A STATE OF HELPLESSNESS
helplessness sleep braking physiologically determined condition
Show more
5. Criminal; Criminal enforcement law Pages: 182-186 Issue №3370
Delimitation of molesting from OTHER sexual offenses
indecent assault sexual integrity characterization of sexual crimes
Show more
8. Criminal law and criminology; Criminal enforcement law Pages: 211-215 Issue №12435
CRIMINOLOGICAL PROBLEMS OF ABSENCE OF SEXUAL EDUCATION AND EDUCATION IN RUSSIAN SCHOOLS
minors sexual integrity sexual freedom sex education sex education
Show more
6. Criminal; Criminal enforcement law Pages: 232-235 Issue №10864
LEGAL AND TECHNICAL FLAWS IN THE CONSTRUCTION OF LIABILITY RULES FOR SEXUAL CRIMES
The criminal code of the Russian Federation crime criminal legal protection sexual integrity sexual freedom
Show more
9. Judicial, prosecutorial, human rights and law enforcement activities Pages: 257-259 Issue №4982
Enforcement capacities of criminal law in the protection of minors from sexual abuse
criminal law minors sexual integrity sexual assault
Show more
8. Criminal law and criminology; Criminal enforcement law Pages: 307-310 Issue №11986
ON THE CLASSIFICATION OF CRIMINAL ENCROACHMENTS ON SEXUAL INVIOLABILITY AND SEXUAL FREEDOM OF THE INDIVIDUAL
sexual integrity sexual freedom sex crimes classification of sexual offences crime prevention
Show more