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Problems Involved in Protecting Participants of Criminal Proceedings in the Investigation of Crimes Committed by Organized Groups

NCJ Number
Internal Security Volume: 3 Issue: 1 Dated: January - June 2011 Pages: 217-224
Valerij Shepitko; Bogdan Shur
Date Published
8 pages
This article reviews the security issues for members of criminal process.
The authors believe that the fight against organized crime increases the role of security threats, complicates the state of protection of rights of the individual in criminal proceedings. The article emphasizes that in recent years criminal procedure and criminological literature has paid some attention to problems of securing members of the criminal process. In particular, they considered issues related to the concept and types of security measures, procedural order of making decisions about providing such security, its guarantees, etc. In addition, some attention was also given to consideration of key terms associated with these problems such as: "security," "danger," "ensure," "safety of carriers of evidentiary information," "object of protection," "subject of protection," etc. However, the problem of tactics of ensuring safety of participants of the criminal procedure requires further development and implementation in practice of criminal justice bodies. The authors believe that ensuring security can go beyond the stages of criminal proceedings, protection of certain persons may not be limited to the period of a criminal investigation or trial of criminal cases. The authors present a legislative solution introduced in Ukraine at present. The article presents the results of the survey of investigators and prosecutors of MIA of Ukraine on certain tactics in choosing and applying measures ensuring the safety of participants in criminal proceedings. Tactical originality of elected safety measures was proven. In addition, attention was paid to the specifics of security measures to the participants of the process in the investigation of crimes committed by organized criminal groups. (Published Abstract)


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