RECOGNITION OF PERSON IS AFTER ITS IMAGINARY HAPTIC APPEARANCE
Authors/Creators
- 1. Doctor of Legal Sciences, Professor Professor Academy of Advocacy of Ukraine, (Kyiv, Ukraine)
- 2. Profesor, doktor habilitowany nauk prawnych, Profesor akademia Prawników Ukrainy, (Kijów, Ukraina)
Description
. The authors of the article are considering legal, psychological and criminalistic problems, substantiating the possibility and legitimacy of carrying out personal identification, whose image was perceived not only by sight, but to the touch. In criminal proceedings such identification is possible during the conduct of a particular investigative action – recognition. Attention is paid to the fact, that criminalistic classification of identification, according to the objects able to be recognized, is wider than its definition as a particular investigative actions in Criminal Procedural Code of Ukraine. The essence, tasks and scientific fundamentals of identification as a procedural action were revealed, as well as psychological principles of forming and memorizing imaginary appearance in a person’s memory, who identifies and with the help of whom identification of different objects can be conducted. With reference to psychology of human identifying objects and phenomena of the surrounding world the fundamental possibility of human right perception to the touch and memorizing features of various objects, their adequate reproduction in memory and receiving a person’s accurate conclusion of identity based on the features perceived with the help of tactile sense by him before is proved. The conclusion was made, that a person’s imaginary appearance, characteristic features of which were perceived by somebody who identifies with the help of tactile sensation, suggests grounds for carrying out investigative action, aimed at identifying a certain person not only alive or according to photo or video-materials, which are perceived by sight, but also according to tactile image remained in the memory of the person who identifies. The recommendations for preparation and conducting such way of personal identification for recognition while carrying out criminal proceedings are expressed.