SIGNS OF A SITUATION OF MISLEADING THE COURT OR ANOTHER AUTHORITY

Abstract

The article considers the main features of the situation of misleading the court or another authority. The author determines the place of the situation in the system of criminalistics characterization of criminal offenses, as well as the place of criminalistics characterization in the criminalistics methodology. The article states that the situation of the commission of a criminal offense, as an element of criminalistics characteristics, is essentially a collection of information of a material and immaterial nature. It contains information about the external conditions of the commission of a criminal offense, such as: place, time, conditions of its commission, peculiarities of relations between the participants of the illegal event and the factors of objective reality. These are the main signs of the situation of committing a criminal offense. When analyzing the situation of misleading the court or another authority, it was noted that the situation differs depending on the sort the criminal offense was committed. The following sorts of its commission are highlighted: knowingly false testimony of a witness, victim; a knowingly false opinion of an expert, a specialist, drawn up for or given to a body conducting pre-trial investigation, executive proceedings, a court, the High Council of Justice, a temporary investigation or a special temporary investigative commission of the Verkhovna Rada of Ukraine; submission of knowingly unreliable or forged evidence; knowingly false appraiser's report on property valuation; a known incorrect translation made by the translator in the same cases. The following main signs of misleading the court or another authority are identified: misleading the court or another authority is possible only during inquiry, pre-trial investigation, judicial or enforcement proceedings, proceedings by the Service of Disciplinary Inspectors of the High Council of Justice or investigation by the temporary investigative commission of the Verkhovna Rada of Ukraine; there is a certain procedural procedure for involving a person in the work of an authority, who later misleads it. That is, the procedural status of this person obliges him to perform certain actions to help the authorized bodies in establishing the truth; the situation of misleading the court or other authorized body is most closely related to the identity of the criminal. This criminal offense can be committed only by a certain category of persons.