FALSE TESTIMONY BY WITNESSES AND VICTIMS AS A MEANS OF COUNTERING THE INVESTIGATION OF CRIMES BY THE INVESTIGATIVE BODIES

Author(s): Merkulova M.V.

Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics

DOI: 10.21777/2587-9472-2024-4-59-64

Release: 2024-4 (44)

Pages: 59-64

Keywords: false testimony, сounteracting the investigation of crimes, witness, victim, body of inquiry, threat of murder, beatings

Annotation: The current issues related to the false testimony by witnesses and victims as the most common way to counteract the investigation of crimes are considered. The concept of “false testimony” (“perjury”) is analyzed in relation to the forms of counteraction to the investigation, the essence of false testimony through the prism of witness immunity is revealed and the related issues are identified. The typical motives of counteraction in relation to the investigation of certain crimes, the preliminary investigation of which is not necessary, are highlighted, while the psychological component of the motivation of victims and witnesses is highlighted. Using the example of a specific criminal case initiated by the body of inquiry on the grounds of Part 1 of Article 119 of the Criminal Code of the Russian Federation, the mechanism of the considered method of counteraction is revealed. In this regard, a key problem is identified related to the need to strengthen the evidence base in criminal cases, investigative bodies of inquiry. On the basis of the above, a conclusion is formulated on the directions for ensuring effective identification and overcoming opposition to investigations in cases of this kind. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Merkulova M.V. FALSE TESTIMONY BY WITNESSES AND VICTIMS AS A MEANS OF COUNTERING THE INVESTIGATION OF CRIMES BY THE INVESTIGATIVE BODIES // Journal of Legal Sciences. – 2024. – № 4 (44). – С. 59-64. doi: 10.21777/2587-9472-2024-4-59-64