Borovyk A. Features of the forensic characteristics of crimes motivated by racial, ethnic or religious intolerance, and the subject of proof in a pre-trial investigation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103165

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

12-05-2021

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

The dissertation is devoted to the problematic issues of proving the existence of a motive of racial, national or religious intolerance in the commission of certain types of crimes, using the features of their forensic characteristics. The paper defines the features of such elements of the forensic characteristics of crimes against human life and health, the motive of which is racial, national or re- ligious intolerance, which determine the characteristics of the subject of proof: the identity of the criminal; the identity of the victim; ways of crimes, accompanied by humiliation of the victim because of his belonging to a certain ethnic group; traces- signs of the motive. It is concluded that the proof of the existence of a motive of ra- cial, national or religious intolerance should be carried out precisely through the es- tablishment of the above characteristics, which determine the features of the subject of proof in cases of this category. It is emphasized that the proof of the motive for the crimes of this category oc- curs by conducting investigative (search) actions aimed at identifying traces in which the motive of the criminal's actions manifested itself. In this regard, the features of the inspection of the scene of the incident, the interrogation of the victim, witnesses and the suspect, the search, the appointment of forensic linguistic and psychological and linguistic examinations have been determined.

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