Aleksandr S. Parshakov. On some aspects to counter the investigation of road traffic crimes committed by military personnel

UDK: 343.346

Aleksandr S. Parshakov - Candidate of Law, associate professor of the department of criminal law, criminal procedure and criminalistics, Law Institute of the Russian University of Transport (MIIT), Military University of the Ministry of Defence of Russia, senior researcher of the Research and Development Center, honorary worker of the Prosecutor's office, Reserve Colonel of Justice

Abstract. The article considers the feature to counter the investigation of road traffic crimes committed by military personnel, connected with traffic and transport safety. The author studies the specific forms of the effect on the participants of both a traffic accident and criminal proceedings, taking into consideration the experience of the military justice authorities. The author considers the mechanism of counteraction to establish circumstances of a crime, including a system of such closely related elements as subjects, purposes and motives, time, place and events, method, results and consequences. There has been given characteristics of these elements, including subjects that are classified depending on the nature of their behavior, namely active (producing active actions), passive (mostly intended inaction) and mixed type (using active and passive forms of behavior). It has been emphasized that opposition to the investigation is usually initiated and carried out by servicemen who have committed road traffic offenses and the authorities of military divisions in which they perform military service, as well as the offender’s relatives, his advocates, close friends, colleagues, law enforcement officials, representatives of the authorities and administrations, political and public figures, businessmen, and even criminals, and sometimes victims, witnesses, eye-witnesses, experts, specialists, and others. Such interest of the people mentioned above is due to family ties, the performance of professional duties, mutual responsibility, strengthening of reputation, career advancement, threats, bribery, property’s destruction or other effects. The subjects of the opposition try to change or prevent to find objective side of the crimes, as well as they interfere to establish aggravating circumstances, envisaged by the Art. 63 of the Criminal Code, and other circumstances. The article proposes the forms of tactical and psychological techniques when performing investigative and other procedural actions.

Keywords: counteraction (opposition) to investigation; traffic crimes (offenses); military personnel; investigative actions.


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