THE FORENSIC CONCEPT OF THE USE OF TRACES OF CRIMES IN THE SYSTEM OF SCIENTIFIC KNOWLEDGE

The article outlines provisions on the essence of the concept of using traces of crime. The postulates of the concept are compared with the theory of evidence and the science of criminal procedure. At the same time, their unity in an inextricable relationship with logic, psychology, mathematics, cybernetics, as well as with theories of information and modeling is emphasized. In addition, methodologically, they are all related to the theory of knowledge. In this context, we can safely talk about the concepts of objective truth applied to the knowledge of any object. At the same time, the problem of truth in Marxist philosophy is the problem of cognition of reality, and not the problem of “cognition of truth”. And then the term “objective truth” does not interfere with seeing the specifics of the cognizable object and the means of its cognition. Such judgments allow us to confidently determine the concept of the use of traces. It is a system of circumstances expressing the properties and connections of the event under study, essential for the correct reconstruction of what happened (truth). At the stage of using traces of crimes, it is not the material objects themselves that are in demand, but only the information obtained a result of their examination. Such aggregated information, being reliable, relevant, and objective, corresponding to the criminal procedure legislation, is transformed into evidence in a criminal case. The concept and use of traces in investigative and judicial practice is based, in turn, on the observance of certain rules: the information obtained in the study of traces must be the most reliable of those presented; information extracted from a person’s memory cannot be considered fully reliable without confirming it with materially fixed traces. And, finally, the evidence of guilt must necessarily have a causal relationship with the main event of the crime.

concept, use of traces, scientific knowledge, theory of evidence, theory of knowledge, truth, evidence, universal and regional attributes, identifying problem elements

Karepanov N. V. The forensic concept of the use of traces of crimes in the system of scientific knowledge. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;2(63):297—302. DOI: 10.25683/VOLBI.2023.63.647.