Expert’s Opinion Evaluation and Use of Forensic Examination Results in Criminal Cases Related to Penal Institutions

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Евгений Назаркин ◽  
Evgeniy Nazarkin
Keyword(s):  
Preliminary Investigation ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Daily Routine ◽  
Remedial Measure ◽  
Criminal Cases ◽  
Penal Institutions ◽  
Expert’S Opinion ◽  
Case Files

The article reveals general criteria for evaluating expert’s opinion, in particular, expert’s participation at the end of the preliminary investigation (inquiry) and during drafting of the indictment (crime bill), interaction between the investigator and the expert in identification and remedy of causes and conditions that facilitated the commission of the crime. The article considers two different methods of assessing expert’s opinion: the internal, which is confined to logical analysis of the opinion, understanding consistency of the scientific and technical means and methods of the research, applied by the expert, the nature of the identified features and their role in justification of the drawn conclusions; and the external, that assesses the opinion in the legal, procedural respect, and observance of the rights of the participants in a criminal case, as well as in relation to all criminal case files. Expert’s participation at the end of the preliminary investigation (inquiry) and during drafting of the indictment (crime bill) comes down to advice about the performed examinations, determination of the place and importance of the expert’s opinion in the totality of the available evidence collected for the criminal case. The interaction between the investigator and the expert in remedy of causes and conditions that facilitated the commission of the crime in penitentiary system of Russia is regarded as a daily routine in penal crimes’ investigation and a remedial measure with the purpose of prevention such crimes in future. As part of the study the author analyzed 60 files of criminal investigation on penalty crimes in various regions of Russia. The author highlights peculiarities and suggests conclusions after considering case studies on the issue. The research methodology involves the use of such techniques as analysis, synthesis, induction, interviewing and others.

Crimes in the field of illicit trafficking in narcotic drugs, psychotropic, potent and poisonous substances: topical issues of criminal liability

2021 ◽  
pp. 704-715
Author(s):  
Dmitriy V. Bondarev
Keyword(s):  
Final Stage ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Illicit Trafficking ◽  
Narcotic Drugs

We consider current issues related to the prosecution of persons guilty of committing crimes in the field of illegal circulation of narcotic drugs, psychotropic, potent and poisonous substances. We analyze the problematic moments that arise at the final stage of the investigation of criminal cases of this category, in particular, upon notification of the end of the preliminary investigation and at the stage of familiarization with the materials of the criminal case on crimes related to the illegal circulation of narcotic drugs and psychotropic substances. We pay attention to the gaps in modern legislation in the area under consideration, we have made suggestions for its im-provement.

THE USE OF WITNESS TESTIMONY IN PROOF OF CRIMINAL CASES

2019 ◽  
Vol 29 (5) ◽  
pp. 692-696
Author(s):  
T.A. Shmareva ◽  
A.I. Shmarev
Keyword(s):  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Witness Testimony ◽  
New Evidence

The article considers the problems associated with the use in proving the testimony of persons with a transforming criminal procedural status. A concrete example of the use of witness testimony in proving a criminal case is described, the process of establishing the truth in which was complicated by the opposition of the defense. During the court session, the prosecution's witness withdrew from the testimony he had given at the preliminary investigation stage, explaining this by the pressure exerted on him by the investigator, which fully satisfied the defense. Thanks to the creative approach and activity of the prosecution, it was possible to obtain new evidence, which allowed not only to expose the witness in giving knowingly false testimony in court, but also to convince the court of the guilt of the defendant, in whose favor the witness changed his testimony.

FEATURES OF SUBJECTIVE REGULATION OF THE INVESTIGATOR'S ACTIVITIES DEPENDING ON ITS COMPLEXITY

2020 ◽  
pp. 117-126
Author(s):  
Марина Александровна Литвинова
Keyword(s):  
Criminal Investigation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Simple Complex ◽  
Wide Range ◽  
Subjective Opinion ◽  
Internal Affairs ◽  
The Republic

В статье обосновывается концепция сложности деятельности следователя органов внутренних дел, которая обуславливается уровнем сложности уголовного дела, критериями которой выступают показатели темпоральности и процессуальной неопределенности. Дается характеристика понятиям «темпоральность» и «процессуальная неопределенность» в дискурсе расследования уголовного дела. Автор приходит к выводу, что увеличение сложности деятельности следователей, то есть появление в ней сравнительно широкого спектра проблем, затруднений и неопределенностей, приводит к возрастанию сложности функций психической регуляции. Каждая из функций когнитивного, аффективного, регулятивного, коммуникативного или конативного характера актуализируются в процессе расследования сложных уголовных дел. При написании статьи автором использован собственный опыт следственной практики по расследованию уголовных дел и данные проведенного исследования субъективного мнения следователей органов внутренних дел, осуществляющих деятельность на территории Республики Карелии, о критериях сложности расследования уголовного дела. Автором предложено в теоретическом дискурсе классифицировать сложность деятельности следователя на три уровня: простой, сложный и особо сложный, которые определяются рядом характеристик расследования уголовного дела. The article establishes the concept of complexity of the activity of the investigator of internal affairs bodies, which is determined by the level of complexity of the criminal case, the criteria of which are indicators of temporality and procedural uncertainty. The article describes the concepts of «temporality» and «procedural uncertainty» in the discourse of criminal investigation. The author comes to the conclusion that the increase in the complexity of the investigators ' activities, i.e. the appearance of a relatively wide range of problems, ambiguities, difficulties and uncertainties leads to an increase in the complexity of the functions of mental regulation. Each of the functions of a cognitive, affective, regulatory, communicative or conative nature is updated in the process of investigating complex criminal cases. When writing the article, the author uses his own experience of investigative practice in criminal cases and data from the study of the subjective opinion of investigators of internal Affairs bodies operating in the Republic of Karelia on the criteria for the complexity of criminal investigation. The author proposes to classify the complexity of the investigator's activity into three levels: simple, complex and particularly complex, which are determined by a number of characteristics of the criminal investigation.

Bail as a Preventive Measure: Some Problems and Ways to Improve Effectiveness

2021 ◽  
pp. 62-65
Author(s):  
Aleksey I. Tsyretorov ◽  
◽  
Andrey G. Anisimov ◽  
Keyword(s):  
Social Justice ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Activity ◽  
Significant Problem ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
State Revenue ◽  
Justice Restoration

The bail serves to reduce the likelihood of the situation when the suspect or the accused flees from inquiry, preliminary investigation or trial, continues the criminal activity; threatens a witness and (or) other participants in criminal proceedings, destroys evidence, or otherwise obstructs a criminal case proceedings. Drawing on the structure of crimes committed in Russia, with more than half being property crimes such as theft and fraud, choosing bail as a preventive measure, if possible, seems to be a logical and apparently popular measure due to several circumstances. Most of the mercenary crimes are motivated by the illegal acquisition of property or money. Consequently, bail as a restraint measure affects the lucrative motivation of the suspect or the accused and is often adequate to the damage caused. A significant problem of social justice restoration in most criminal cases is the compensation for damage or harm, which in most cases is measured in monetary and property terms. In this case, the bail could become a real mechanism for compensation for such harm, because money or property in the case of bail is already available at the time of the trial and could be used to compensate for the harm caused. However, in reality, such compensation is not used. The conversion of bail to state revenue in case of violation by the accused or suspect of obligations related to the bail does not contribute to the solution of this problem.

scholarly journals Determination of the Procedural Status of a Person Who Was Inclined to Use Narcotic Drugs

2020 ◽  
Vol 17 (3) ◽  
pp. 394-401
Author(s):  
Aleksei Suslikov
Keyword(s):  
Criminal Code ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Status ◽  
The Moment ◽  
Narcotic Drugs

In the process of criminal proceedings, the determination of the procedural status of a person participating in a criminal case is the most important stage of the investigation. It depends on who the person will be recognized, what rights and obligations it will have, how actively it will be able to participate in the criminal case. The paper examines issues related to the determination of the procedural status of a person inclined to use drugs, draws conclusions about the need to recognize the inclined victim in the framework of the investigation of criminal cases under Art. 230 of the Criminal Code of the Russian Federation “Induction to the consumption of narcotic drugs, psychotropic substances or their analogues.” The article analyzes the arguments in defense of the provision on recognizing as victims those who are inclined to use drugs, and also provides arguments explaining what kind of damage is caused by the perpetrator to people who have used drugs and who have refused their use. The presently existing judicial practice on determining the procedural status of persons inclined to use drugs is presented. The paper explains the reasons why investigators and prosecutors do not want to involve persons inclined to use drugs to participate in criminal proceedings on the side of the prosecution. Using the example of a judicial act that has entered into legal force, it is explained how the status of a victim in a criminal case can affect the sentence passed. The situation with cannabis is considered in order to understand the harm arising from one-time use of narcotic drugs. Attention is focused on the attitude of society towards narcotic drugs made from hemp, and on the example of works in the field of medicine, the author describes the damage caused to a person when hemp-based drugs are consumed. At the same time, it explains why drugs inflict both physical and moral harm on a person. Conclusions are formulated about the need for the incited person to participate in a criminal case in the status of a victim from the moment the investigator makes a decision to initiate a criminal case.

Role Of Announcers In Action Of Criminal Actions For Circular Fake Money

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Ahmad Fatah ◽  
Gunarto Gunarto
Keyword(s):  
Community Participation ◽  
Criminal Code ◽  
Criminal Investigation ◽  
Criminal Cases ◽  
Police Station ◽  
Police Personnel ◽  
Case Files ◽  
Internal Barriers ◽  
The Way

How investigators determine suspects in criminal cases circulating counterfeit money in the area of Holy Police The way investigators determine suspects in criminal cases circulating counterfeit money in the jurisdiction of the Holy Police is based on fulfilling elements of criminal acts Article 245 of the Criminal Code supported by witnesses and experts and goods evidence, can be added to the confession of the suspect but not absolute.The mechanism for investigating criminal cases circulating money in the territory of the Gubug Police Station has the same operational basis as the mechanism of criminal investigations referring to the SKEP Chief of Police Number Pol: SKEP / 1205 / IX / 2000 concerning the Implementation Manual for Criminal Investigation Processes which states that investigations include: the investigation phase, the prosecution stage (summons, arrests, detention, searches, and seizures), the examination stage (examination of witnesses, experts, suspects), the stage of completing and submitting case files (making resumes, preparing case files, and submitting case files)Obstacles faced by investigators in investigating criminal cases circulating money in the jurisdiction of the Holy Police are internal barriers (limited operational funds of the police, inadequate police personnel is not balanced with the number of crime cases that must be handled, lack of supporting facilities and infrastructure such as forensic laboratories ), and external barriers (lack of community participation in assisting the police in uncovering criminal acts of circulating counterfeit money).Keywords: Investigator; Crime; Currency

scholarly journals Analisis Laporan Kepolisian No: B.210 /VIII/2018/JAMBI/SPKT.C Mengenai Alasan Dihentikannya Penyidikan Perkara Perkosaan Anak

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 549
Author(s):  
M Rudi Hartono ◽  
Lilis Winantri
Keyword(s):  
Child Protection ◽  
Social Life ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Police Report ◽  
The Republic ◽  
A Minor ◽  
Child Rape

The police are part of the criminal justice system as contained in the provisions of the Criminal Procedure Code and other laws, this system has the power to conduct investigations and investigations of crimes. The investigative authority is applied to the perpetrator in a criminal act or the investigative authority is enforced, and the case has been coordinated with the public prosecutor since the first wave of investigation. The same mistake. The criminal cases studied in this paper are based on the author's research data at the Directorate of General Criminal Investigation, Sub-Directorate IV of the Jambi Regional Police. This involves the Police Report Letter No: LP/B/210/VIII/2018/Jambi/SPKT “C” which contains the alleged crime of rape or intercourse with a minor. Perpetrators are threatened with articles 81 and 82 of the Law of the Republic of Indonesia Number 35 of 2014 (Revised Law on Child Protection of the Republic of Indonesia Number 23 of 2002). Investigators may still encounter obstacles in investigating criminal acts of raping a suspect or having sex with a minor. Not all criminal cases of rape or sexual intercourse of minors that are handled at the investigation level can be transferred to the court by the prosecutor as a public prosecutor in the process of further investigation. In this case, investigators at Sub-Directorate IV of the Directorate of General Criminal Investigation (Ditreskrimum) of the Jambi Regional Police also have the authority to not continue the investigation process or stop the investigation (SP3) in this criminal case based on considerations that the criminal case processed is not a criminal act, lack of evidence or other legal considerations. The objectives of this study are: First of all, I want to know and analyze how investigators handle cases of child rape perpetrators (case investigation, police report number: B. 2018 / Jambi / SPKT “C”). Child rape is (Police Report Number: B.210 / VIII/2018 / Jambi / SPKT "C"). The research method used in this research is Socio Legal Research, which is studying the practice of law or legislation that applies in the social life of the community. Descriptive research specifications, namely describing and analyzing a legal event that has occurred by describing the existing events. 

Some features of the teaching of practice-oriented educational disciplines on the example of "activities of the operational criminal investigator during pre-trial proceedings in criminal cases" at Moscow University of MIA of Russia after V.J. Kikot

2018 ◽  
Vol 3 (4) ◽  
pp. 73-79 ◽  
Author(s):  
Дмитрий Иванов ◽  
Dmitry Ivanov ◽  
Николай Горач ◽  
Nikolay Gorach ◽  
Антон Попенков ◽  
...  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Investigation ◽  
Practical Training ◽  
Criminal Cases ◽  
Experimental Practice ◽  
Main Emphasis ◽  
Internal Affairs ◽  
Independent Work

The article analyzes the experience of teaching at the Moscow University of the Ministry of internal Affairs of Russia named after V. Ya. Kikot experimental practice-oriented discipline "activity of operational criminal investigation officer in the course of pre-trial proceedings in criminal cases". The main emphasis is on classroom practical classes, independent work, examination. Considered the most typical training storylines for the investigation of criminal cases related to thefts, robberies, robberies and other, which the cadets under the guidance of teachers practice various skills, including drafting procedural documents. The article describes the features of the joint practical training of teachers of the Department of preliminary investigation and the Department of operational-investigative activities, as well as the subsequent acceptance of the exam in the form of exercises, which was tested in the course of previously repeated interuniversity operational tactical exercises, using complex forensic polygons.

INTERACTION OF INVESTIGATORS AND PROSECUTORS IN NEW LEGAL REALITIES

2017 ◽  
Vol 21 (4) ◽  
pp. 147-153
Author(s):  
A. V. Grinenko
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
New Form ◽  
The Right

Determination of the investigator and the prosecutor procedural status is formulated in the article. Powers of the prosecutor in relation to the investigator are described. The author notes main objectives of the prosecutor activity. Changes of criminal procedure legislation which affect functions of the prosecutor and the investigator are studied. The problem of procedural independence of the investigator is considered. Main questions which the prosecutor has the right to address to the investigator are analyzed. It is offered that investigators should be a part of unified department but should closely interact with other law enforcement agencies. Rights of supervision of decisions legality, investigator actions (inaction) don’t limit procedural independence of the investigator. It is offered to give to the prosecutor an opportunity to give to the investigator written instructions on the direction of investigation and procedural actions production. At the same time the investigator has to have the right not to agree with these instructions and to report about it to the head of investigative body and also to the higher prosecutor. Introduction expediency of a new form of public prosecutor's reaction - introduction of cautions about inadmissibility of law violation to the investigator is proved. Such caution doesn't influence procedural independence of the investigator and just notifies him that when the prosecutor receives criminal case with indictment, contents will have certain claims. At the legislative level it is expediently to differentiate the prosecutor's powers on consideration and permission of complaints depending on the form (inquiry or preliminary investigation) in which preliminary investigation on criminal case is conducted.

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