scholarly journals Criminalistics is not the science of prosecution or defense, but aimed at judicial resolution of criminal cases

2021 ◽  
pp. 116-123
Author(s):  
A. N. Khalikov
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Criminal Responsibility ◽  
General Trend ◽  
Preliminary Investigation ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Forensic Research ◽  
The Subject ◽  
Judicial Errors

The article considers the purpose of criminalistics as an objective science. The author briefly analyzes the definitions of the subject of criminology proposed by scientists in different years. At the same time, the General trend becomes obvious — the monopolization of criminology by law enforcement agencies. With reference to the position of the Patriarch of Russian criminalistics R. S. Belkin, the author expresses his opinion that criminalistics cannot and should not serve only state law enforcement agencies. The results of forensic research can be successfully used in criminal cases by the defense party-lawyers and other representatives of suspects and accused. The article provides examples when abuses by the preliminary investigation bodies with reference to the use of criminalistics provisions led to judicial errors and bringing innocent persons to criminal responsibility. Only in court, when using the evidence presented by the parties to the defense and prosecution, obtained, including through the use of recommendations of forensic science, a criminal case can be fairly resolved. 

scholarly journals FORENSICS CHARACTERISTICS IN THE STRUCTURE OF THE CRIME INVESTIGATION METHODOLOGY

2021 ◽  
pp. 228-243
Author(s):  
Е. Lukianchykov ◽  
B. Lukianchykov ◽  
S. Petriaiev
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Cognitive Activity ◽  
Law Enforcement Agencies ◽  
Structural Element ◽  
Historical Aspect ◽  
Stage Of Development ◽  
The Subject ◽  
Qualitative Changes

The article deals with the problematic issues of the forensics characteristics of crimes as a scientific category of forensic science and tools of cognitive activity in the disclosure and investigation of crimes. Attention is drawn to the fact that the modern stage of development of society is characterized not only by quantitative, but also by qualitative changes in the state of crime. New types of crimes are appearing and traditional methods of their commission and concealment are being improved using the achievements of scientific and technological progress. Significant parts of the crimes remain unsolved, and the persons who committed them are not punished. Law enforcement agencies are faced with the task of quickly disclosing them and protecting the violated rights of victims. Science, primarily forensic science, is called upon to provide assistance in solving such problems. In the historical aspect, the development of the theory of forensic methodology, determining its place in the system of forensic science is considered. It is noted that it is advisable to consider the forensic methodology both as a branch of science, and as a system of knowledge about the technology of investigating crimes, and the technology itself, a kind of algorithm for investigating crimes, which is implemented in the practical activities of investigators, detectives, prosecutors. Attention is drawn to the fact that since the mid-80s of the last century, the concept of criminalistics characteristics of crimes has entered the scientific circulation. Its correlation with the subject of proof and the opinions of scientists and practitioners about the place of forensic characteristics in the structure of private methods of investigation of certain types of crimes are analyzed. Based on the analysis, the author substantiates the conclusion that the forensic characterization of crimes should be considered as a structural element of a private investigation methodology and the basis for the development of such methods. Attention is drawn to the mandatory study of the correlation dependences between its elements, which can serve as a key to disclosing a specific crime.

scholarly journals CORRELATION AND STRUCTURE OF A FORENSIC TECHNIQUE AND FORENSIC SCIENCE

2020 ◽  
Vol 21 (1) ◽  
pp. 133-147
Author(s):  
M. Shcherbakovsky
Keyword(s):  
Forensic Science ◽  
Mutual Influence ◽  
Preliminary Investigation ◽  
Historical Analysis ◽  
Forensic Research ◽  
Legal Foundations ◽  
The Subject ◽  
Methodological Approaches ◽  
Theoretical Foundations ◽  
Functional Purpose

A historical analysis of forensic techniques and forensic science emergence as scientific branches is outlined, their interconnection, differences are considered, the subject, object and structure are clarified. It is shown that criminalistics and forensic science are both separate and kindred scientific branches that have common historical roots. The author proves that the development and gradual separation of forensic science from criminalistics did not change the scientific, methodological, didactic foundations and structure of a forensic technique as a component of criminalistics. The structure of forensic technique and forensic science is suggested. The author presents the forensic technique modern structure in the form of the following sections: physical traces of crimes: types, classification, mechanism of formation; technical and forensic means and methods: classification, functional purpose; organizational and legal foundations of forensic support of offences investigation; means and methods of searching, recording, seizing, packaging and transporting traces of offenses; means and methods of preliminary investigation of offenses’ traces; information and reference support of offenses disclosure and investigation. Forensic science is represented in two parts: “General theory of forensic examination”, which includes theoretical provisions, doctrines inherent in all forensic fields, and “Methodological fundamentals  of certain types of forensic examinations”, which are the theoretical basis of certain forensic branches and are used for the development of methods for solving typical forensic tasks. The close connection and mutual influence of two scientific branches and types of activity are noted. The connection is manifested in the unity of theoretical foundations, methodological approaches to the study of objects and, partially, in the use of technical means. The development of new forensic methods affects the advancement and improvement of technical and forensic means of collecting physical traces of a crime. On the contrary, the emergence of  new types of crime traces necessitates the creation of appropriate typical forensic research methods.

TECHNIQUES OF CONDUCTING INTERROGATION DURING POLICE INVESTIGATION OF CRIMES

2018 ◽  
Vol 28 (6) ◽  
pp. 2101-2107
Author(s):  
Kire Babanoski ◽  
Ice Ilijevski
Keyword(s):  
Law Enforcement ◽  
Scientific Explanation ◽  
The Body ◽  
Great Level ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Police Interrogation ◽  
Psychological Pressure ◽  
The Subject ◽  
To Come

Modern interrogation is a study in human nature with great level of psychological manipulation which is used by police officer. The main characteristic of a police interrogation is that the suspect is under strong psychological pressure from the interrogator in order to speak the truth and to give the confession. The main purpose of a police Interrogation is to obtain a confession and to come to the objective truth, or other critical information about the crime, from an interviewed suspect, who is subject of interrogation. Interrogation (also called questioning or interpellation) is interviewing as commonly employed by officers of the police or other law enforcement agencies with the goal of extracting a confession or incriminating statements. Subjects of interrogation are often suspects involved in crimes. Information from victims and witnesses is usually obtained through interviews. Interrogation may involve a diverse array of techniques, ranging from developing a rapport with the subject to outright torture.The main object of this paper is police interrogation, which is theoretically and descriptively analyzed through its various methods and techniques that are part of the process of extracting the truth and getting a confession from the suspects. For that aim, particular attention is paid to criminal operational aspects of contemporary Reid technique, and also presented examples of its application in the police interrogation. The Reid technique is a method of questioning subjects and assessing their credibility. The technique consists of a non-accusatory interview combining both investigative and behavior-provoking questions. If the investigative information indicates that the subject committed the crime in question, the Reid Nine Steps of Interrogation are utilized to persuade the subject to tell the truth about what they did. The Reid technique is a trademarked interrogation technique widely used by law enforcement agencies in North America. The technique (which requires interrogators to watch the body language of suspects to detect deceit) has been criticized for being difficult to apply across cultures and eliciting false confessions from innocent people.The purpose of this paper is through scientific explanation to raise the importance and quality of police interrogation as one of the methods for getting to the truth, especially in criminal cases where there is a lack of other evidence.

scholarly journals Interpretation of certain aspects of criminal restriction of competition

2021 ◽  
pp. 48-58
Author(s):  
Ol'ga Evgen'evna Derevyagina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Practical Implementation ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Tax Legislation ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the norms of antimonopoly legislation aimed at prevention and suppression of cartels, the norms of tax legislation that define the income and establish special tax regime for professional income, the norms of the Chapter 22 of the Criminal Code of the Russian Federation, the draft federal law on amendments to the Article 178 of the Criminal Code of the Russian Federation, and practical implementation of the Article 178 of the Criminal Code of the Russian Federation. The goal of this research is to examine the concept of income derived by the cartel; establish whether self-employed citizens can be the subject of an offence under this category, and clarify the criminal responsibility of the parties to the cartel agreement. The novelty consists in the fact that this article is first to examine the question of attributing the individuals conducting business activity under the special “Professional Income Tax” regime (self-employed citizens) to economic entities (i.e., parties to the cartel agreement). The effective legislation indicates that self-employed citizens do not belong to this group, as they are not state registered. A substantiation is made that a conscious neglect or an indifference to such socially dangerous consequence as income unfeasible: the cartel agreement is aimed at derivation of sizeable income. A consciously indifferent attitude is possible only towards such socially dangerous consequence as infliction of considerable damage. The field of application of acquired results is the activity of law enforcement agencies.

scholarly journals Remote Participation of the Accused (Suspect) at the Preliminary Investigation Stage as an Alternative to the Criminal Proceedings Stay

2021 ◽  
Vol 16 (10) ◽  
pp. 111-123
Author(s):  
O. G. Bondartseva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Legal Assistance ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Procedure Code ◽  
The Russian Federation ◽  
Remote Participation

The participation of the accused at the stage of preliminary investigation presupposes the possibility of exercising his right to defense. However, in cases of being in a territory significantly remote from the location of the preliminary investigation body, including outside Russia, the impossibility of personal participation in investigative and other procedural actions, one of the ways of interaction between the accused and law enforcement agencies may be remote participation through electronic interaction systems, and video conferencing. Draft laws on the amendment into the RF Criminal Procedure Code on conducting investigative actions through video-conference communication were pending at the State Duma of the Federal Assembly of the Russian Federation in 2015 and 2018, but were not finalized and adopted. The provisions of the Second Additional Protocol to the European Convention on Mutual Legal Assistance in Criminal Matters, providing for the simplification and acceleration of the procedure for providing mutual legal assistance in terms of the possibility of interrogating the accused (suspect) via videoconference, Russia, upon ratification of the protocol in 2019, did not allow to apply. In criminal cases of an economic nature, which reverberate in society and raise many questions about the activities of law enforcement agencies, large entrepreneurs often leave Russia, unable to remotely take part in investigative actions, present evidence in their defense, and get acquainted with procedural decisions in a criminal case. This leads to an increase in the number of suspended criminal cases, according to art. 208, part 1, clauses 1-3 of the Criminal Procedure Code of the Russian Federation. In 2019, the total number of economic criminal cases increased by 37% compared to 2018, while the number of suspended criminal cases under Art. 159 of the Criminal Code of the Russian Federation increased by 15.83%, under Art. 159.1-159.6 of the Criminal Code of the Russian Federation — by 86.93%. The relevance of the topic is also due to the coronavirus pandemic, which limited the freedom of movement of Russian citizens both within the country and abroad. In this regard, the use of video-conferencing in the investigation of criminal cases is becoming a vital necessity, the imperative of the times.

scholarly journals Investigations using digital technology

2020 ◽  
Vol 217 ◽  
pp. 06015
Author(s):  
N.G. Shuruhnov ◽  
I.V. Voevodina ◽  
S.V. Stroilov ◽  
E.A. Maslennikova
Keyword(s):  
Law Enforcement ◽  
Digital Technology ◽  
Case Law ◽  
Evidence Base ◽  
Successful Completion ◽  
Important Goal ◽  
Law Enforcement Agencies ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings

Despite the fact that activities of authorized persons in during urgent investigative actions are episodic, the absence of responsibility for successful completion of investigation is unacceptable. In this case, law enforcement agencies are fulfilling a single socially important goal, and this should be realized by the relevant officials. Regarding the dynamics of accumulation of information during the investigation of a crime, it should be noted that during urgent investigative actions, an initial array of evidentiary information is formed, which is the result of transformation of initial background knowledge of relevant official regarding what happened under the influence of information obtained by investigative and operational means. The Criminal Procedure Law contains requirements both for the mechanical accumulation of a certain amount of evidence highlighting certain circumstances included in the subject of proof, and for their compliance with strictly established requirements. We are talking about the reliability, sufficiency, relevance and admissibility of evidence, which actually determine the possibility of ultimately using this information in deciding whether a person is guilty or innocent of committing a crime. The required amount of evidence that meets the requirements of reliability and sufficiency ensures the reliability of the evidence base in a criminal case. The evidence obtained should be assessed in the aggregate on the basis of the inner conviction of the person carrying out urgent investigative actions. Their use in the production of further investigation, in the course of court proceedings, depends on how procedurally correct evidence will be collected by the bodies of inquiry during the production of urgent investigative actions.

scholarly journals Translated Transcripts From Covert Recordings Used for Evidence in Court: Issues of Reliability

2021 ◽  
Vol 6 ◽  
Author(s):  
David Gilbert ◽  
Georgina Heydon
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Activity ◽  
Organised Crime ◽  
Complex Environment ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Nation States ◽  
Australian State ◽  
Using Data

Nation states increasingly apply electronic surveillance techniques to combat serious and organised crime after broadening and deepening their national security agendas. Covertly obtained recordings from telephone interception and listening devices of conversations related to suspected criminal activity in Languages Other Than English (LOTE) frequently contain jargon and/or code words. Community translators and interpreters are routinely called upon to transcribe intercepted conversations into English for evidentiary purposes. This paper examines the language capabilities of community translators and interpreters undertaking this work for law enforcement agencies in the Australian state of Victoria. Using data collected during the observation of public court trials, this paper presents a detailed analysis of Vietnamese-to-English translated transcripts submitted as evidence by the Prosecution in drug-related criminal cases. The data analysis reveals that translated transcripts presented for use as evidence in drug-related trials contain frequent and significant errors. However, these discrepancies are difficult to detect in the complex environment of a court trial without the expert skills of an independent discourse analyst fluent in both languages involved. As a result, trials tend to proceed without the reliability of the translated transcript being adequately tested.

INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

2022 ◽  
Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rule Of Law ◽  
Justice System ◽  
International Experience ◽  
International Treaties ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Legal Enforcement

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

Organization economics explains many forensic science errors

2010 ◽  
Vol 6 (1) ◽  
pp. 71-81 ◽  
Author(s):  
ROGER KOPPL
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Organization Theory ◽  
Law And Economics ◽  
Law Enforcement Agencies ◽  
Wrongful Convictions ◽  
Crime Lab ◽  
Organizational Features

Abstract:Judge Posner (2010) has identified an important lacuna in law and economics, namely a tendency to ignore organization theory. I will apply the tools of organization theory to an area almost completely neglected in law and economics, forensic science. Posner points us to tools we should make use of; I am pointing to an application we have neglected. Forensic science today is characterized by a twofold monopoly. First, evidence is typically examined by one crime lab only. Second, that same lab will normally be the only one to offer an interpretation of the results of the examination it performs. Crime labs today are typically organized under law enforcement agencies, which may create conscious and unconscious biases in favor of police and prosecution. These organizational features of forensic science today encourage errors and wrongful convictions.

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