Author

Butaev M.Ya.

Title of article

Use of the detective activities’ results in proving when investigating cases оf terrorist crimes

Section

Section 7. Criminal рrocedural review

Issue, year

3 (33) 2015

Abstract

It is proposed to allow to use the detective activities’ results in proving with regard to the terrorist crimes. It is argued that the state criminal policy in the sphere of counteracting terrorist crimes can have departures from the general standards of proving. The data of judicial and investigative practices as well as specialists’ arguments are provided. The main documents, processed in the course of conducting detective activities when investigating the cases of terrorist crimes, and possibility of their using in criminal procedural proving are considered. The degree of connection between the collected prosecution evidence and the detective actions is shown. The provisions of the Regulations on the order of providing the results of detective activities are analyzed. The refusal of obligatory providing the prosecutor with the personal information on the staff undercover officers, conducting the detective activities, and persons confidentially assisting the detective bodies (which ensures their security), is positively assessed. The brief characteristic of the US Counter-terrorism law “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001” is provided. The reform of preliminary investigation (already conducted in countries of the near abroad), eliminated the difference between the detective actions and investigative activities, between the preliminary investigation and pre-investigation inquiry, the detective activities (which resulted in establishing of open and undercover investigative actions), is supported.

Keywords

evidence, counter-terrorism operation, detective activities’ results, criminal procedure.

References

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