Checking the testimony on the on-site inspection during the investigation of traffic crimes

• Published in: Вопросы безопасности no. 4; pp. 67 - 77
• Main Author: Pinchuk, Levon Viktorovich
• Format: Journal Article
• Language: English
• Published: 01.04.2024
• ISSN: 2409-7543; 2409-7543
• DOI: 10.25136/2409-7543.2024.4.72380

The subject of the study is the patterns of collecting, researching, evaluating and using evidence during the on-site inspection testimony verification in the investigation of traffic crimes. To clarify these patterns, the author refers to literature sources on this issue. The author uses materials of judicial practice, criminal procedure legislation of the countries of the Commonwealth of Independent States (CIS). The author substantiates the importance of checking the testimony on-site in order to prove the circumstances of a traffic crime and, in particular, to obtain initial data on which a forensic automotive technical examination will be appointed. The article analyzes the legally fixed purpose of checking the testimony on-site and indicates the need to specify it. As additional purpose of this investigative action is proposed the verification of previously obtained testimony. The methodological basis of the study is the method of critical analysis, the method of legal modeling, the comparative legal method and the method of observation. The scientific novelty of the study lies in the fact that the author considers the goals of checking on-site testimony in the investigation of traffic crimes. New material on the topic under study is summarized: official statistics data for the first nine months of 2024, examples from judicial practice for 2024, and the author's experience in investigating traffic crimes as an investigator of internal affairs bodies is used. A comparative analysis of the criminal procedure legislation of the CIS member states on the issue of regulating the purposes of checking testimony on-site is carried out. The main conclusions of the scientific research are: firstly, the conclusion about the insufficiency of the legally fixed purpose of checking testimony on-site in Article 194 of the Code of Criminal Procedure of the Russian Federation; secondly, the conclusion about the need for a separate purpose - checking previously obtained testimony; thirdly, the conclusion about the importance of highlighting the purpose - clarifying previously obtained testimony.