THE CONTENT OF THE CRIMINALISTIC CHARACTERISTIC OF COUNTERACTION TO THE INVESTIGATION OF CRIMINAL OFFENCES
DOI:
https://doi.org/10.32631/vca.2025.2.48Keywords:
criminal proceedings, pre-trial investigation, counteraction to investigation, object of counteraction, abuse of rights, criminalistic characteristicAbstract
The article argues that the content of the criminalistic (forensic)
characteristic of counteraction to investigation constitutes an integrated system
of typical data points orienting the detection and neutralisation of unlawful
influence on proof. Its core comprises: (1) a subject block (organisers, direct
perpetrators, intermediaries, affiliated persons, corrupt officials, and participants
acting out of fear/self-preservation), with an assessment of network ties; (2) a
motivational–teleological block (evasion of criminal liability, maintenance of
control over resources and information, minimisation of legal and reputational
risks); (3) objects of influence as carriers of evidentiary information (persons,
physical and documentary sources, registry entries and data, procedural steps
and time-limits); (4) modes and context of counteraction (false testimony,
concealment, fabrication/destruction of evidence, physical/psychological
pressure, corrupt practices, media manipulation, disclosure of the secrecy of the
pre-trial investigation, dilatory tactics), together with indicia of coordinated
action, abuse of official position, complex chains of transfer of items and data,
cross-border features, and information asymmetry; (5) the trace pattern in
material, digital, communicative and procedural dimensions. This structure sets a
list of verifiable indicators and defines relevant sources (official registers, digital
traces, protocols of overt and covert investigative actions, expert opinions) for
building substantiated versions and counter-measures.
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