THEORETICAL JUSTIFICATION OF THE REASONS AND CONDITIONS OF PRESENTATION FOR IDENTIFICATION IN CRIMINAL PROCEEDINGS

Abstract

The article examines the main views on the peculiarities of presenting various objects for identification in criminal proceedings. The reasons for the presentation for identification in criminal proceedings have been analyzed. The conditions for carrying out this investigative (search) action have been determined. It was established that the need to conduct a presentation for identification and use its results to establish circumstances that are important for the correct resolution of criminal proceedings is determined by the factual basis for conducting the specified investigative (search) action. And this factual basis is implemented in the presence of certain legal grounds for its implementation: the presence of a subject of recognition; the protocol of his interrogation with a description of the signs and characteristics of the object of recognition and the circumstances under which he was perceived as a person; the presence at the time of the investigation (search) of the object of identification or its image, which conveys essential features, and other objects presented together with it (with the exception of the cases provided by law for the presentation of the object of identification in the singular). The article argues that the basis is information that makes it possible to believe that the purpose of recognition, which consists in establishing the identity or difference of the object presented for recognition, with the imaginary image preserved in the process of perception, which is connected with the occurrence of a criminal offence, will be achieved and based on this, evidence will be formed. It has been established that the procedural order of presentation for identification must, under any conditions, take into account, first of all, the mental processes that occur during this investigative (search) action, as well as the purpose of the identification. Knowledge of the psychological mechanism of the recognition process is necessary for the investigator to correctly assess the results of the recognition.