Hiertsyk R. Tactics of litigation in criminal proceedings for profit-motivated and violent crimes

The thesis deals with the comprehensive study of the tactics of litigation in criminal proceedings for profit-motivated and violent crimes. The genesis of judicial tactics as a forensic category was considered by the author. The conclusion based on the analysis of scientific positions was made here. It means that the tactics of litigation are summary: prosecution tactics, defense tactics and court (judge) tactics. The last actually unites both tactics. They are joined by the tactics of other participants of the process (victim, defendant). The specified definition of concepts both tactics, and methods of litigation in criminal proceedings is offered. The main factors influencing the choice of tactics of litigation in criminal proceedings for profit-motivated and violent crimes are defined here. The peculiarities of the use of forensic knowledge in criminal proceedings are highlighted too. The most acceptable system of forensic classification of profit-motivated and violent crimes has been identified after studying the positions of many scholars. The forensic characteristics of these crimes are given, where a new category of subjects, i.e. members of volunteer battalions, is singled out. Judicial situations in criminal proceedings for the mentioned crime category are considered according to logic of the thesis. The bases for these crime classifications are offered. The theoretical bases of carrying out legal actions are considered here. The sequence of questioning the accused by logic was declared tactically unacceptable on the basis of the analysis. At first it is necessary to interrogate those defendants, who admitted their guilt in full during the pre-trial investigation; and then those who plead guilty in part should be questioned, and the latter should be interrogated those who do not plead guilty in full. Other tactical recommendations for choosing the sequence of questioning of the defendants in the trial have been formulated here. It was determined that the questioning the witnesses after the questioning the victims is tactically efficient. The standard program of their questioning was provided too. The proposal of some scholars to exclude the interrogation of an expert from the practice of pre-trial investigation and litigation has been critically analyzed. The replacement of expert interrogation by appointment of additional and repeated examinations has been criticized here. The position is defended that the contemptuous attitude to the interrogation of an expert or the denial to use it is often the cause of gross miscarriages of justice. The list of the most suitable tactics of judicial interrogation of the experts is offered. It is established that the crime scene examination (Article 361 of the CPC) is a complicated judicial action and requires the detailed organization. The tactics of the crime scene examination are revealed and some features of its carrying out in certain court situations are defined. It is proved that the study of physical evidence (Article 357 of the CPC) should be associated with the moment of the investigation of the circumstances that are directly relevant. The peculiarities of the tactics of appointment and conduct of forensic examinations are highlighted here. It is proved that the tactics of the public prosecutor and the tactics of a professional defender in court are mutually conditioned, because the use of tactics by one party entails the choice of tactical counteraction by another party. A tactical decision by a prosecutor or defense counsel at a court hearing is always made in a typically conflict situation. The parties provide the most advantageous position for themselves by performing their procedural functions, and one party weakens the position of the opposite party. Emphasis is placed on the fact that a judge must take into account the typical tactics of prosecution and defense in criminal proceedings. Key words: profit-motivated and violent crimes, trial, forensic characteristics, forensic tactics, tactics, legal actions.