ББК 67 Право. Юридические науки
В статье рассматривается факты, влияющие на собрание доказательства при расследовании уголовного дела по изнасилованию. В заключении автор делает некоторые выводы по теме проведенного исследования.
доказательство, уголовное дело, изнасилование
Among the crimes that infringe on the honor and dignity of a person, rape is especially serious, which not only infringes a person's sexual freedom, but in many cases also directly threatens life and harms a person's health. In many cases, the victims and perpetrators are acquaintances such as neighbors, classmates, relatives, etc. Such crimes seriously infringe on public safety and public order, creating panic for local citizens. Currently, the state of rape is becoming more complex, it is required to increase the efficiency of the investigation by the investigative scope of the crime.
In recent years, in order to improve the efficiency of rape investigations, the investigating authorities have applied the results of many scientific fields, flexibly using various measures, methods and means to detect and collect evidence to prove these crimes.
From the point of view of both legal science and the practice of investigating criminal cases in general and criminal cases of rape in particular, evidence is the most important for proving a crime. However, for best results, investigating authorities need to understand the factors that affect the collection of evidence when investigating a rape case, such as:
– First, the forensic characteristics of rape:
The criminal characteristic of rape is a collection of information about this type of crime; it is a reflection of the objective reality of the system of signs of a crime, the content of which includes: Typical information about the traces, methods of committing a crime, the scene of the crime and information about the concealment of criminal acts, the time of the crime, the identity of the victim, the identity of the offender, as well as situations contributing to the commission of the crime. on the basis of such signs, the investigator can make judgments about the version of the criminal case, its characteristics and guide the course of the investigation.
From the beginning of the moment of receiving a report of rape, the investigator must study and evaluate the information received, then carry out a series of actions to check, collect evidence, as well as carry out urgent actions to detect and arrest the criminals. In addition, the investigator must conduct an inspection of the scene of the incident, interrogation of witnesses, the victim, the suspect. Based on the forensic characteristics of the rape, the investigator can orient the investigative actions on the detection, collection of evidence, determine the identity of the criminals, the way to hide from the scene, etc.
After the arrest of the suspect, at the next stage, the investigator needs to find out information related to the motive, purpose of the crime, the conditions and reasons for the crime, and other information relevant to the criminal case. To obtain this information, during the interrogation of the suspect, the investigator must apply various techniques, interrogation tactics in order to fight, to convince the suspect. In addition, the investigator can apply other investigative actions, such as: confrontation, presentation for identification, investigative experiment, forensic examination, in order to obtain reliable, Lawful information relevant to a criminal case. For the effective application of such actions, the active assistance of a witness, a suspect, a victim is required, therefore, the investigator must find out about their personality (age, gender, hobbies, psyche) in order to approach and convince them.
– Secondly, the professional qualifications, experience and professional ethics of the investigator.
In the course of the investigation of criminal cases in general and the investigation of criminal cases of rape in particular, the investigator is always a particularly important subject, decisive for the effectiveness of the detection, collection, assessment and use of evidence. In addition, other authorized persons play an important role to cooperate with the investigator in the process of finding and collecting evidence. These forces can be specialists, experts, riot police, traffic police ... in which specialists, experts are very important forces who continuously cooperate with the investigator in finding, collecting evidence in a rape case. Therefore, the qualifications and experience of specialists, experts are also an important factor affecting the effectiveness of activities to detect and collect evidence in the investigation of criminal cases of rape. However, a decisive factor with a clear and direct impact that needs to be further strengthened is the factor emanating from the investigator, in which his qualifications, experience and professional ethics are key factors for improving the effectiveness of the detection and collection of evidence. Practice shows that criminal cases are entrusted to an experienced investigator, are investigated more efficiently, quickly, and clearly ensures the rules of the Law. On the contrary, criminal cases are entrusted to a young investigator with little experience; during the investigation, many problems arise that affect the effectiveness of detection and collection of evidence. Forensic science shows that there are subjective factors that affect the ability of investigators to detect and collect evidence, such as: the investigator's knowledge of general and typical situations that form general specific information about the crime and the offender; knowledge of the investigator about the regularity of the formation of information about criminals and criminals; the investigator's knowledge of the reception and means of detecting and collecting evidence, as well as the way of using these means in practice; qualities such as attention, thinking ability, professional experience of the investigator; participation of specialists and experts in the field of detection and collection of evidence.
– Thirdly, technical means are used to detect and collect evidence in a criminal rape case.
Technical means, especially special means, play a very important role in detecting and collecting evidence in a criminal rape case. Many criminal traces of a criminal rape case cannot be detected and collected without the help of technical means. For the effective use of such means, specialists must have knowledge of the method of their use, as well as knowledge of the typical traces of a criminal rape case. However, the discovery and collection of evidence in the course of a rape investigation is not only limited at the scene of the incident, but is also a lengthy process at all stages.
Along with the development and requirements for improving the quality and efficiency of the investigation of criminal cases in general and cases of rape in particular, the investigator must not only ensure the process of detection and collection of evidence is legal, the evidence must also clearly, objectively and reliably describe in the protocol. To achieve this goal, technical means play a key role.
1. The Criminal Procedure Code of the Socialist Republic of Vietnam 2015.
2. The Criminal Code of the Socialist Republic of Vietnam 2015.