Podol'nyy Nikolay Aleksandrovich, Doctor of juridical sciences, associate professor, head of sub-department of criminal procedure and criminalistics, Kazan Institute (branch) Russian University of Justice (Russian Academy of Law of the Ministry of Justice of Russia) (12a Fatykha Amirkhana street, Kazan, Russia), E-mail: email@example.com
Background. Investigative cunning is one of the types of tactics, the use of which causes a lot of controversy. Its application is one of the means to enhance the effectiveness of the preliminary investigation. In this regard, the theory of preliminary investigation is aimed at determining the range of requirements for investigative tricks, the observance of which would guarantee the rights and legitimate interests of participants in criminal proceedings, as well as guaranteed information about the circumstances of the Commission of the relevant crime.
Materials and methods. The methodology of this article is based on the analysis of the state of the use of investigative tricks in the tactics of preliminary investigation of crimes. Logical methods were used, as well as system-activity method of criminology.
Results. The provisions allowing wide use of investigative tricks in the course of preliminary investigation of crimes are substantiated.
Conclusions. The lack of consensus on the possibility of using investigative tricks is mainly due to the extent to which the investigative cunning meets the standards of morality and ethics. In the proposed article, an attempt is made to consider the pros and cons of the use of investigative tricks from the point of view of generally accepted norms of morality. At the same time, it also analyzes the benefits that the preliminary investigation receives from the use of investigative tricks. The characteristic features of investigative cunning, the conditions under which the investigator should think about the need for investigative tricks are considered. It is concluded that it is necessary to make greater use of investigative tricks in the course of preliminary investigation of crimes.
investigative tricks, morals, morality, preliminary investigation, tactical method
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