Author

Shklyaruk M.S., Rabovski Yu.V.

Title of article

Opportunities of empirical method of studying the law enforcement practice (by the example of investigating typical criminal cases)

Section

Section 1. Methodology of law enforcement activities

Issue, year

3 (33) 2015

Abstract

The research opportunities of empirical method in the supplement to law enforcement practice when studying statistical measurement of the materials, collected while investigating criminal cases, are shown. There gularities of criminal cases investigation, conditioned by functioning of the law enforcement system itself, were explored. The quantitative description of investigation facts, usually not fixed by the legal science, was carried out. The results of sociological and legal study of 104 criminal cases, tried in the regional courts of St. Petersburg during 2008-2012, are provided. The study was conducted by the authors and group of students of the law faculty. The proofs, terms of legal proceedings, features of conducting preliminary inspection and investigative bodies were recorded in criminal cases. The results of statistical analysis of collected data are provided. It’s stated that a number of persons admitting their guilt is prevalent in cases investigated by the Russian Ministry of the Interior. During the interrogationof people as accused they refuse to testify. Most of searches and seizures are conducted by investigators. Forming of evidential base is considered. The terms of investigating and exercising separate proceedingsare analyzed. It’s proved that on average the status of “suspect” changes into “accused” during 12 days. It’s confirmed that “easy” (obvious) cases (when main evidential base is already collected by the time of proceedings institution) aremainly brought before the court. The cases of forming charges basing only on the confession of guilt by the accused person are excluded (other proofs, chiefly testimonial evidence, are collected).

Keywords

sociology of law, criminal procedure, practice of criminal cases investigation.

References

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