Procesowe i kryminalistyczne zasady przeprowadzania oględzin w postępowaniu w sprawach o wykroczenia jako warunek przestrzegania zasady pewności prawa w obrocie gospodarczym
Procedural and forensic principles for proceedings into criminal investigations as conditional on respect for the rule of law in economic dealings

Summary/Abstract: The subject of this article is the procedural and tactical principles of visual inspection in minor crime proceedings. The aim is to present the procedural and forensic principles for carrying out such inspection in minor crime proceedings as a condition for observing the principle of legal certainty in business dealings. The article uses a dogmatic method. The research issue is to present the impact of adherence to procedural and tactical principles of visual inspection in minor crime proceedings. Turning to the conclusions after the results of the analysis of the principles for carrying out visual inspections, it should be emphasised that the implementation of the title principle of legal certainty in economic dealings is the basis for the confidence of business operators and law enforcement authorities and, consequently, in the judiciary authorities in the important field of conducting minor crime proceedings. Recommendations include paying particular attention to the consistent conduct of title inspections in accordance with the principles of conduct in terms of procedural and forensic tactical recommendations with a continuous improvement in the quality of their performance. The article makes an academic contribution to the development of the subject matter by linking the principle of legal certainty in business dealings with the principles of carrying out visual inspections including minor crime proceedings. The scope of this article covers the following principles for conducting a visual inspection: objectivity; rapidity; accuracy; individuality; instrumentalisation of activities; planning of activities; preserving the evidential value of traces and preventing contamination; planning; correct securing of the inspection site; the tactical principle assuming that the least durable and most superficial traces should be revealed first and then fixed; one-person management combined with coordination of activities; the comprehensiveness of research and searches; economy of action; secrecy; writing and the drawing up of an inspection protocol. The subject matter here takes into account the views of doctrine and of case law.

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