The article is devoted to the formulation of the system of circumstances that must be established in criminal proceedings regarding the pre-trial investigation of criminal offenses committed in the field of activity of institutional investors as a category of forensics, namely as an element of a separate forensic methodology. The author compared the category “circumstances to be established” with related concepts of the criminal process, in particular “subject of proof”, “circumstances to be proven”. This category of criminal offenses is characterized by the fact that it combines features of economic and organized crime, and also has a special sphere of commission (activities of institutional investors), which is regulated by a significant number of complex legal acts that undergo constant changes, namely the circumstances that are subject to established during the investigation of criminal offenses in the sphere of activity of institutional investors remained unexplored in the sciences of criminology and criminal procedure until recently. The author suggested considering the following groups of circumstances to be established during the investigation of criminal offenses in the field of activity of institutional investors: circumstances characterizing illegal activity (complex of events of a criminal offense); circumstances characterizing offenders; the type and amount of damage caused by illegal activity (after all, citizens-investors suffer, who are the weakest and most unprotected participants in the legal relationship, and it is precisely their values that are encroached upon by criminals); other circumstances that are important for this category of criminal offenses (first of all, we are talking about circumstances that affect the degree of severity of the offense, because we are talking about public interest, as well as circumstances that can be the basis for applying criminal law measures to legal entities ). In the article, the author revealed the content of each group.
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V. M. Vazhynskyi (2024) studied this question.
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