Typical forms of counteraction to the investigation of criminal offences related to interference with the activities of public authorities
The article substantiates the position that counteraction to an investigation is a complex phenomenon which may encompass various forms of behaviour implemented by interested parties with the aim of preventing detection of a criminal offence, and making it impossible to fulfil the tasks of criminal...
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| Format: | Article |
| Language: | Ukrainian |
| Published: |
Kharkiv National University of Internal Affairs
2024-12-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
| Subjects: | |
| Online Access: | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/809 |
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| Summary: | The article substantiates the position that counteraction to an investigation is a complex phenomenon which may encompass various forms of behaviour implemented by interested parties with the aim of preventing detection of a criminal offence, and making it impossible to fulfil the tasks of criminal proceedings.
It is found that during the investigation of criminal offences related to interference with the activities of representatives of public authorities, suspects most often implement the following forms of behaviour as ways to counteract the investigation: 1) refuse to testify; 2) give false testimony; 3) hide from pre-trial investigation authorities; 4) fail to appear when summoned by the investigator, prosecutor, investigating judge; 5) exert influence on the victim, witnesses, refuse to provide biological samples, handwriting, voice samples, etc.
It is established that other interested persons at the stage of pre-trial investigation of criminal offences of the type under study most often implement the following forms of behaviour to counteract the investigation: exerting influence on participants to criminal proceedings; implementation of actions to conceal crimes, including: staging, falsification, disguise, destruction, etc.; giving false testimony; disclosure of the secret of pre-trial investigation; refusal to provide biological samples or samples of handwriting, voice, etc.; delaying the pre-trial proceedings, delaying the pre-trial investigation, for example, by ignoring the investigator's calls, prolonged familiarisation with the criminal proceedings; failure to appear when summoned; failure to fulfil procedural obligations acquired in connection with obtaining the relevant procedural status in criminal proceedings; hiding from the pre-trial investigation authorities, etc. It is also emphasised that the prospects for further research should be to identify effective ways to overcome the following forms of resistance to investigation. |
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| ISSN: | 1999-5717 2617-278X |