Legal and Criminalistic Aspects of Person Detention Tactics (2)
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Abstract
This research is the extension of before published article that considered the same problems. The authors of the article analysed folloving theoretical questions: has the considered operation tactical sense; is the person detention the compulsion action or not? Authors of the article as the empirical material for research used the reports of detention time. Authors made the conclusion, that reports of detention time are criticized not only by forensic science specialists, but either by penal procedure and human rights specialists.
The 40 reports of detention and 250 criminal cases on illegal circulation of drugs were analysed in the article.
Authors could see from the empirical material that the person detention was carried out mostly in after afternoon. The two third parts of detained persons had not constant residence place, from them men mostly had not any job. Another conclusion was made, that the circumstances of detention, traces, explanation of suspects and other important data were not fixed in the report.
Suspect’s opportunity to counteract investigation was the reason for detention in 18 cases. But there were no real information that could confirm such opportunity. The inspectors for report about detention usually used phone. There were cases in which suspect asked not to report about detention, but inspectors did not mention that claim.
According material analysis the explanations of suspects were different. Authors have to notice that empiric material of suspects’ explanations was too small for analysis purposes. Only in 9 detention reports the suspects’ explanations were concluded. Only in 2 cases judge has made the decision to arrest suspect. Such registration does not allow receiving proofs on real conditions.
The detention tactics features connecting murder and drug cases are considered in other sections of the article.
The important tactical aspect of time detention is the developed tactical situation in murder, heavy physical injury or other violent crime investigation. Some of the secret means of investigation are regulated in the new Penal Procedure Code. New tactical recommendations, which allow using more effectively actions of simulating criminal activity, are necessary in new situation. It is important not only in investigation of drug crime. These problems are considered in the article.
We could made such conclusions:
1. Practice of person detention is different in various Lithuanian regions;
2. Tactics of person detention is very important for arguing purposes;
3. Person detention has practical sense and has connections with other penal procedure actions;
4. Tactics of person detention is directly connected with situations of investigation.
The 40 reports of detention and 250 criminal cases on illegal circulation of drugs were analysed in the article.
Authors could see from the empirical material that the person detention was carried out mostly in after afternoon. The two third parts of detained persons had not constant residence place, from them men mostly had not any job. Another conclusion was made, that the circumstances of detention, traces, explanation of suspects and other important data were not fixed in the report.
Suspect’s opportunity to counteract investigation was the reason for detention in 18 cases. But there were no real information that could confirm such opportunity. The inspectors for report about detention usually used phone. There were cases in which suspect asked not to report about detention, but inspectors did not mention that claim.
According material analysis the explanations of suspects were different. Authors have to notice that empiric material of suspects’ explanations was too small for analysis purposes. Only in 9 detention reports the suspects’ explanations were concluded. Only in 2 cases judge has made the decision to arrest suspect. Such registration does not allow receiving proofs on real conditions.
The detention tactics features connecting murder and drug cases are considered in other sections of the article.
The important tactical aspect of time detention is the developed tactical situation in murder, heavy physical injury or other violent crime investigation. Some of the secret means of investigation are regulated in the new Penal Procedure Code. New tactical recommendations, which allow using more effectively actions of simulating criminal activity, are necessary in new situation. It is important not only in investigation of drug crime. These problems are considered in the article.
We could made such conclusions:
1. Practice of person detention is different in various Lithuanian regions;
2. Tactics of person detention is very important for arguing purposes;
3. Person detention has practical sense and has connections with other penal procedure actions;
4. Tactics of person detention is directly connected with situations of investigation.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
