Use of forensic examination opportunities during the investigation of corruption criminal offenses committed by judges

Authors

  • Eugenia Svoboda PhD of Juridical Sciences, Associate Professor, Professor of Department of Forensic Support and Forensic Examination of the National Academy of Internal Affairs, Kiev, Ukraine, Ukraine https://orcid.org/0000-0002-8639-8333
  • Yurii Tsipotan graduate student of the Department of Forensic Support and Forensic Examinations of the National Academy of Internal Affairs, Kiev, Ukraine, Ukraine https://orcid.org/0009-0004-1953-9206

DOI:

https://doi.org/10.61345/1339-7915.2024.1.18

Keywords:

corruption, corruption criminal offenses, special knowledge, forensic examination, expert, types of forensic examinations, tasks of forensic examinations, expert institutions

Abstract

The article emphasizes the significant pre-trial importance of forensic examinations in investigating corrupt criminal offenses as one of the forms of utilizing specialized knowledge. The authors disclose the definition of forensic examination. Based on the works of criminologists, survey results from practitioners, and the study of verdicts from the Higher Anti-Corruption Court, it was established that forensic examinations are assigned to state specialized expert institutions but to various subjects of forensic activity. A list of forensic examinations types, primarily appointed in the investigation of criminal offenses committed by judges, is also identified. The most common types of forensic examinations in the investigation of corruption criminal offenses committed by judges are considered. The authors emphasize the importance of forensic criminalistic examination of audio and video materials, forensic document examination, forensic portrait examination, forensic handwriting examination, forensic computer-technical examination, forensic dactyloscopic examination, psychological examination, and forensic linguistic (semantic-textual) examination. It is outlined that conducting examinations in corruption-related proceedings is an effective means of determining the crime mechanism, identifying comparative sample and traces of the suspect, and the subject of the unlawful benefit. The main tasks set for the expert to solve during the investigation of corruption criminal offenses committed by judges are systematized. In the modern context, attention is focused on solving identification and diagnostic tasks.

All these achievements are substantiated by statistical data results and interviews with practitioners, as well as through the analysis of criminal proceedings in the specified category of offenses.

Author Biography

Eugenia Svoboda, PhD of Juridical Sciences, Associate Professor, Professor of Department of Forensic Support and Forensic Examination of the National Academy of Internal Affairs, Kiev, Ukraine

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References

Geller, B., & Martynenko, N. (2023). Issues of Combating Corruption Oriented Crimes: Forensic Science Aspect. Theory and Practice of Forensic Science and Criminalistics, 28(3), 47-63. Retrieved from: https://doi.org/10.32353/khrife.3.2022.04 [in Ukrainian].

One hundred pages about NABU: history, legislative basis, main achievements. URL: https://nabu.gov.ua/site/assets/files/29075/4_nabu.pdf (access date 03/10/2024) [in Ukrainian].

Pro sudovu ekspertyzu. Zakon Ukrainy vid 25.02.1994 roku, No 4038-XII [“About forensic examination” Law of Ukraine from February 25, 1994. No 4038-XII]. (n.d.). zakon.rada.gov.ua. Retrieved from: https://zakon.rada.gov.ua/laws/show/4038-12#Text [in Ukrainian].

Pilyukov, Yu. O., & Shramko, O. M. (2018). Judicial expertise as a form of use of special knowledge under investigation of corruption crimes. Actual Problems of Law, 4, 139-143 [in Ukrainian].

Pro zatverdzhennia Instruktsii pro pryznachennia ta provedennia sudovykh ekspertyz ta ekspertnykh doslidzhen ta Naukovo-metodychnykh rekomendatsii z pytan pidhotovky ta pryznachennia sudovykh ekspertyz ta ekspertnych doslidzhen Nakaz Ministerstva yustytsii Ukrainy vid 08.10.98 roku No 53/5 [“On the approval of the Instructions on the appointment and conduct of forensic examinations and expert studies and Scientific and methodological recommendations on the preparation and appointment of forensic examinations and expert studies”. Order of the Ministry of Justice of Ukraine from October 08, 98. No 53/5]. (n.d.). zakon.rada.gov.ua. Retrieved from: https://zakon.rada.gov.ua/laws/show/z0705-98#Text [in Ukrainian].

Forensic handwriting examination in criminal proceedings on corruption offenses: methodical recommendations /V.V. Yusupov, E.Yu. Svoboda, O.M. Shramko, Yu.O. Pilyukov, A.A. Sakovsky. Kyiv: National Academy of Internal Affairs, 2023. 46 p. [in Ukrainian].

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Published

2024-05-06