Year: 2025
Type: article
Abstract: The scientific article is devoted to specifying and grouping the circumstances that are subject to clarification during the pre-trial investigation in criminal proceedings regarding criminal offenses provided for in Article 3692 of the Criminal Code of Ukraine. Based on the analysis of the circumstances that must be established in criminal proceedings regarding the abuse of influence, as well as scientific approaches to the systematization of the circumstances that constitute the subject of evidence during the investigation of illegal acts in the field of official activity and professional activity related to the provision of public services, arguments are given regarding the expediency of their grouping taking into account the criminal procedural and forensic approach. Therefore, in the authors’ opinion, during the pre-trial investigation of criminal offenses regarding the abuse of influence, the following groups of circumstances should be established and clarified: 1) circumstances that characterize the event of the criminal offense: time, place, method, circumstances of preparation, commission and concealment of the abuse of influence; 2) circumstances characterizing the offender (motive, purpose, presence of criminal records, criminal connections, etc.); 3) other circumstances that are important in criminal proceedings (affect the choice of means of proof and the adoption of procedural decisions therein): the type and amount of damage caused by the criminal offense; circumstances that mitigate and / or aggravate the punishment; exclude criminal liability; circumstances that contributed to the commission of the criminal offense; behavior and characteristics of persons who may be involved in the committed act; circumstances characterizing the victim (in the case of the commission of a criminal offense provided for in Part 3 of Article 3692 of the Criminal Code of Ukraine). It was concluded that the list of circumstances that are subject to establishment in criminal proceedings regarding abuse of influence should be considered as one that clarifies and details the general subject of proof defined in Part 1 Article 91 of the Criminal Procedure Code of Ukraine.
Authors: Климчук, М. П., Мацола, А. А.
Institutions: European University, Uzhhorod National University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7006959445
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