PROCEDURAL AND TACTICAL FEATURES OF THE EXAMINATION DURING THE PRE-TRIAL INVESTIGATION OF WAR CRIMES

Abstract

In this article, it has been emphasized that during the investigation of war
crimes, the role of the inspection of the scene of the incident is indisputably
important, since during its conduct it is possible to record trace information that
indicates the commission of war crimes, which consist in the violation of the
customs and laws of war, and to document their consequences. It has been noted
that the inspection of the scene of the incident is an urgent investigative (search)
action, because it is carried out first of all from the moment of receiving
information about the commission of a criminal offense and consists in the fastest
possible investigation of the scene of the incident and the territory adjacent to it
with the aim of identifying, fixing and extracting the maximum amount of
evidence information in its original form. It has been indicated that the grounds
and procedural procedure for conducting an inspection of the scene of the
incident are defined in Art. Art. 104–106, 223, 233, 237, 238 and 615 of the
Criminal Procedure Code of Ukraine. It has been found that the specifics of the
tactics of inspection of the scene of the incident during the pre-trial investigation
of war crimes are determined by the features determined by the criminal law and
forensic characteristics of the specified crimes, which are directly reflected in the
environment of the scene of the incident and the trace picture of the specified
offenses. It has been emphasized that the effectiveness and efficiency of the
inspection of the scene during the pre-trial investigation of war crimes lies in the
correct organization of the activities of the participants of this investigative
(search) action at all stages of its implementation - preparatory, working, final.
The peculiarities of preparation, direct conduct and recording of the progress and
results of the inspection of the scene of the incident during the pre-trial
investigation of war crimes have been determined.