CURRENT ISSUES OF PREVENTION DURING THE INVESTIGATION OF THE MISCONCEPTION OF A COURT OR ANOTHER AUTHORIZED AUTHORITY

Abstract

Purpose: to study some of the characteristics of misleading the court or other authorized body and develop on this basis the areas of preventive activities to prevent them. Methods: the article uses a number of general and special scientific methods, in particular, documentary, statistical, system-structural, comparative-legal, etc. Results: one of the most effective levers to counteract the misrepresentation of the court or other authorized body can be considered professional knowledge of basic psychological qualities of a competent person who will help to detect fraud and develop a course of action that achieves the goals - establishing the truth. Discussion: the article is devoted to determining the characteristics and reasons for misleading the court or other authorized body. On the basis of this information the directions of preventive activity are allocated.

As forensic practice shows, misleading a court or other authorized body most often occurs during interrogation. Therefore, it is necessary to pay special attention to certain aspects of this investigative action in order to reduce the risks of committing the analyzed crime. The success of the interrogation in the context of counteraction depends on such factors as: the presence of the investigator sufficient information on a particular fact to be investigated; stability and degree of opposition between the parties; the investigator’s readiness for confrontation, his ability to come into contact with people, to plan investigative actions, to apply rational tactics; conditions in which his communication will take place (availability of a suitable place for interrogation, time for long communication); completeness and correctness of the used sources of information (documents, physical evidence, eyewitness testimony, etc.); the difficulty of assessing the evidence obtained by the investigator in the face of opposition.