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Security of suspect (accused) who concluded pre-trial cooperation agreement as a tactical operation

Journal: LEGAL SCIENCE AND LAW ENFORCEMENT PRACTICE (Vol.4, No. 26)

Publication Date:

Authors : ;

Page : 85-90

Keywords : ensuring the security of participants of the criminal trial; accused; suspected; tactical operation;

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Abstract

Problematic issues connected with ensuring the security of a suspect (accused) who concluded the pre-trial cooperation agreement are analyzed in the article. This activity is analyzed in the context of one of the criminalistic categories ? tactical operation. Tactical operations are suggested to solve problems concerning establishment of facts having evidential significance in criminal cases of any category. There is an opinion that such tactical operations are able to solve other problems, for instance to overcome some existing and projected counteraction to a criminal investigation, to reach a compromise between the prosecution and defense. Considering the fact that one investigative action will not eliminate security threats to the mentioned participant in the criminal procedure, the conclusion about the need to review ensuring the security of the suspect is made. Basing on the existing doctrine of tactical operations, the structure of the considered tactical operation which comprises a purpose, a condition, resources, subjects and an object is distinguished. The tactical operation is defined as a system of investigative, procedural, operational and other activities. It also includes some tactical options used by the investigator and interacting individuals against the suspect. They are intended to achieve conditions when possibility to influence the suspect in order to harm his interests is excluded. In conclusion it isnoted that the clarification of the nature and the content of the considered tactical operation will help to highlight its stages and allow developing of some appropriate tactical recommendations for its implementation, depending on the current investigative situation.

Last modified: 2014-08-30 14:46:07