СONCEPT, CONTENT, AND CONDITIONS FOR CONDUCTING A SPECIAL INVESTIGATIVE EXPERIMENT

Abstract

The article states that defining the concept of any phenomenon involves identifying its most essential characteristics that reflect its essence, that is, its parameters. In light of this view, the article defines the parameters of a special investigative experiment as a means of gathering evidence, as a method of monitoring the commission of a crime, and as the special investigative experiment itself. The content, conditions, and parameters of a special investigative experiment are defined, on the basis of which it is concluded that a special investigative experiment is a set of actions carried out by authorized entities, provided for and regulated by the norms of criminal procedural law, aimed at artificially creating conditions that either “hypothetically” facilitate or “hinder” the realization of criminal intentions in a setting as close as possible to reality for the purpose of recreating the crime in the mind of the person who has taken all necessary actions to commit it, as well as the establishment and documentation of such a person’s actual intentions through constant monitoring of their actions regarding the commission of a serious or particularly serious crime under the specified conditions, with the aim of obtaining data that confirms or refutes information about the person’s criminal activity and ensures the collection of evidence or the verification of evidence already obtained in a specific criminal proceeding.