Procesinių veiksmų atlikimo taktinių būdų sistema: poþymiai ir samprata

Abstract

Modern criminal theory gives us opportunity to discuss necessity of creating and applying systems of process tactical factors in the practice of officials which gives us opportunity by all possible means get evidence information and apply it in the judicial practice. Despite some differences in system concepts we can single out some true general concepts. It is important to mention the following:
1) Integrity (each element of the system, concept and relation correlation with their place, functions, etc. in the system itself);
2) Structural concept (possibility to describe system establishing its structure, i.e., links between system links and relations. System operating condition is not only operation of separate elements but concept of the system itself);
3) System and environment interdependence (system concepts are formed and manifested in the environment of system concept which is the main component of interdependence);
4) Hierarchy (every component of the system can be analyzed as a system and the system in this case will make one component (element) of a big system;
5) Possibility to describe every system in a different way, etc.
The mentioned concepts are typical to every system.
Let's review general system concept peculiarities typical to tactical means system.
1) Integrity of tactical means system. System elements have to be corellated with each other and functional in the system, i.e., the system has to work as one. Each process tactical way has to take place in the system and have its function.
2) Established structure. Tactic means systems have twofold structure, on one hand according to their origin they belong to certain investigation type (tactical means of interrogation, inspection, evidence identification, etc.) on the other hand these systems consist of sub-systems the essence of which is to perform investigation of a certain case. Tactical means system should have logical progression of the elements which should be connected with each other by provisory-investigation and substancial (lot. substantia) links.
3) System and environment interdependence. System has special inner and outer links the help of which it diferrs from the environment and is compared against it as one. The concept "one" should be understood as inner objects (event, investigation place, psychic state of the investigated person, etc.) in relation with specific tactical means systems. For example, in the process of investigation tactical means system can be used in order to identify if witness testimony is right.
4) Hierarchy of tactical means systems. Separate investigation and judicial tactical means system are components of a broader criminal tactical system. Every component (investigation, survey, identifying evidence, etc.) can be analysed as a system or sub-system differentiated according to goals and provisions of the situation. Preliminary, separate tactical means can be as such systems being as operation means of the system.
5) Big quantity of tactical means system. Tactical means system (sub-system) can coincide inform of the means but be different in their specific content and usage peculiarities.