Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Криміналістика 65 друк новий 208 219 Завантажень: 8, розмiр: 472.2 KB

DOI: https://doi.org/10.33994/kndise.2020.65.20

O. Tilmak

At the present stage of investigative activities modernization, there is a need to improve the methodological support of pre-trial investigation of criminal offenses. The investigating authorities of the pre-trial investigation of the National Police of Ukraine have a large number of methods in their arsenal; however, there are methods that have not found a theoretical and methodological justification and description. Among these methods the method of factual analysis it should be highlighted.

The author considers the factual analysis as a method of extracting facts (or individual elements, parts, parts of factual data) from an array of criminal offense data for their further aggregation (holistic association) and establishing the degree of evidence.

The article deals with an algorithm for applying the method of factual analysis during the pre-trial investigation of criminal offenses. It is determined the main tasks and the main conditions for their quality solution at the preparatory, main and final stages of the implementation of the method. It is noted that in the general context, the algorithm for the implementation of the method of methodological analysis occurs in five interrelated areas of activity of subjects of pre-trial investigation, namely: search-forming, primary factor analysis, program and factographic, presentation and secondary factor analysis.

It is noted that during the pre-trial investigation of a criminal offense, the application of the method of factual analysis will allow:

1) to clarify the components (parts, segments, elements) of the actual data due to the multidimensional presentation of logical connections;

2) to identify the components (parts, segments, elements) associated with a criminal offense;

3) to identify the relationship between the components (parts, segments, elements) of the actual data;

4) to identify various non-obvious (hidden) connections and graphically interpret the degree of intensity of these connections;

5) to investigate the internal structure of the components (parts, parts, elements) of the actual data;

6) graphically represent the relationship between the various components (parts, segments, elements) of the actual data;

7) conduct multidimensional comparisons of components (parts, parts, elements) – from two to four;

8) to identify the relationships of individual factors that have causal relationships;

9) to systematize a large array of data and their components (parts, parts, elements), etc.

Therefore, the expected results from the process of applying the method of factual analysis is that it will contribute to the factual proof that the available body of evidence about the facts and circumstances of the criminal offense are appropriate, permissible and reliable evidence; interconnected and sufficient to make an appropriate procedural decision.

Key words: factual analysis, method, pre-trial investigation, directions of implementation, evidence, criminal offense.