Issues of the Theory of Criminalistics Situations

Abstract

The word ‘situation’ is met quite often not only in everyday life but also in legal literature. It describes the interrelations among the society, officials, public administration entities, institutions, states, etc. Frequently it is a characterization of certain controversial phenomena. In criminal justice, however, this word carries a special practical and applied meaning and requires constant in-depth analysis not only of the etymology of ‘a situation’ but also of its legal theoretic meaning, purpose, function and practical application. In the present article, the authors examine the criminalistics situation—one of the most significant categories of the theory of criminalistics and crime investigation techniques. The article explores a number of concepts such as ‘a criminal situation’, ‘a criminalistics situation’, ‘a crime situation’ and ‘a crime investigation situation’ as well as their content, classification and interrelations. The investigation of criminal acts encounters criminal law, criminological and criminalistics situations. Yet, all of them are linked by the fact that they represent particular situations which can conditionally be called ‘criminal situations’. After a proper analysis and classification of the situations of criminal acts, it is possible to determine the strategic and tactical characteristics of their investigation situations, forecast their course and a likely outcome.