Applicability of framework structuring in the context of implementing specific measures of criminal law nature (using the example of property confiscation)
摘要
Improvement of both legal and methodological tools of criminal justice is necessary for the state’s effectiveness in ensuring citizens’ safety, promoting stability in society, and protecting the rights of individuals involved in the criminal process. The aim of this research is to evaluate the applicability of framework structuring tools in the investigation to address issues regarding the possibility and justification of applying confiscation as a form of criminal punishment. The paper presents a four-contour frame model that allows for a holistic approach to the investigation of property crimes. To analyze each framework contour, the normative legal acts of the Republic of Kazakhstan were used. The institution of confiscation as a means of criminal-legal influence and criminal punishment is examined separately. Although the application of confiscation extends beyond the authority of pre-trial investigation bodies, it must be considered in close connection with the latter, as it is at this stage that actions are taken to preserve property that may be subject to confiscation and gather evidence linking such property to the criminal act. Based on a frame structure outlined in the work, confiscation cannot be considered as an isolated element of the investigative process. Within the framing theory (as a specific approach within the investigation process), its applicability depends on the combined interaction of all the contours of the structure. The results of the research can be used both in the practical activities of law enforcement agencies and in the study of courses such as “Criminal Law,” “Criminal Procedure,” and “Criminology” in higher educational institutions.