Situation of Committing Criminal Offense as Element of Forensic Characteristics


It has been emphasized that the issue of independent allocation of the situation in the structure of a criminal offense’s corpus delicti and the mechanism of its commission is debatable. It has been noted that there is no unified approach to determining the essence and content of the situation of a criminal offense’s commission as an element of forensic characteristics. Scientific approaches to the interpretation of the categories “situation of committing a criminal offense”, “time of committing a criminal offense”, “place of committing a criminal offense” in the theory of criminal law and criminalistics have been analyzed. The situation of committing a criminal offense has been studied from various aspects: as a component of the mechanism of committing a criminal offense; as an element of forensic characteristics; as a circumstance to be ascertained during the investigation.


  1. Bezyk H. Legal aspects of the situation of committing a crime / Scientific conferences. Available online at [in English]:
  2. Fries P.L. Criminal law of Ukraine. General part: textbook. 2nd ed., supplement and processing. Kyiv: Atika, 2009. 512 p.
  3. Maslova O.O. The structure of the situation in which the crime was committed. Law and society. 2017. No. 6. Part 2. р. 158–164.
  4. Parfylo I. The circumstances of the commission of the crime as a system-forming element of the forensic characteristics of falsification and circulation of falsified medicinal products. Jurnalul juridic national: theory and practice. 2018. No. 6. р. 197–202.
  5. Dyntu V.A. The situation of the crime in the structure of the forensic characteristics of the crime. Actual problems of the state and law. 2011. Issue 60. р. 240–246.
  6. Dyntu V.A. The crime scene as an object of knowledge. Actual problems of the state and law. Issue 69. р. 392–398.
  7. Sheremet A.P. Forensic science: a study guide for students. 2nd edition Kyiv, 2009. 472 p.
  8. Smolyaninova O.Ya. Forensic characteristics of criminal offenses related to evasion of customs payments. Scientific Bulletin of the International Humanitarian University. Ser.: Jurisprudence. 2018. No. 35. Volume 2. р. 97–100.
  9. Budzhiganchuk Ye.Yu. The circumstances of the crime as an element of the forensic characteristics of pimping committed by an organized group. Scientific Bulletin of the Dnipropetrovsk State University of Internal Affairs. No. 1. p. 238–244. DOI: 10.31733/2078-3566-2020-1-238-244.
  10. Tishchenko V.V. Theoretical and practical foundations of crime investigation methodology: monograph. Odesa: Phoenix, 2007. 260 p.
  11. Vozniuk A. The time of the crime: actual problems of criminal-legal understanding. Entrepreneurship, economy and law. 2019. No. 3. h. 258–262.
  12. Criminal Code of Ukraine: Law of Ukraine dated 04/05/2001 No. 2341-ІІІ. Information of the Verkhovna Rada of Ukraine. 2001. No. 25–26. Art. 131.
  13. Dudorov O.O., Khavronyuk M.I. Criminal law: study guide / by general ed. M.I. Havronyuk. Kyiv: Vaite, 2014. 944 p.
  14. Scientific and practical commentary on the Criminal Code of Ukraine / D.S. Azarov, V.K. Hryshchuk, A.V. Savchenko and others; in general ed. O.M. Dzhuzhi, A.V. Savchenko, V.V. Chernieia. Kyiv: Yurinkom Inter, 2016. 1064 p.
  15. Fries P.L. Criminal law of Ukraine. General part: textbook. 3rd ed., add. and processing. Odesa: Phoenix, 2018. 394 p.
  16. Musyka A.A., Rodionova T.V. The importance of the crime scene for establishing a causal link between the act and its consequences. Bulletin of the Criminal Law Association of Ukraine. No. 1 (6). p. 141–154.
  17.  Brych L. The place of commission of the crime and its importance in distinguishing the components of crimes and distinguishing them from the components of other offenses. Bulletin of Lviv University. Law series. 2011. Issue 52. p. 267–280.