scholarly journals Essence and system of forensic description of mass rebellions

Author(s):  
Anton Lisnyak

The article covers some aspects of the investigation of mass riots. The essence and system of forensic characterization of the specified actions for their faster and more effective investigation are considered. It is noted that a criminal offense has a large number of characteristics, which in criminology are systematized in such a scientific category as «forensic characteristics». For half a century the criminological characteristic has entered into a technique of investigation of criminal offenses as a stable element. With regard to mass riots, it should be emphasized that the investigation of these acts has important features, which, inter alia, are related to the study of a certain category. The position of the authors is supported, who believe that for police officers who are directly in-volved in the investigation, the most important thing is the practical application of a tool that will help in the investigation process. That is, the real value of the forensic characterization of a particular type of crime is the possibility of its practical application, the ability to resolve certain issues in view of it and, of course, the ability to make it to investigate certain categories of crimes faster and more efficient. At the same time, the use of such an information system requires in each case to identify a key element through which you can make a «login» to the system in order to obtain the necessary information. The selection of a key element for a particular case depends on the investigative situation at this stage of the investigation. The author concludes that a forensic characterization is a system of information about forensically significant features of criminally punishable acts of a certain type, which reflects the legitimate links between them and serves to build and verify investigative versions during their investigation. The system of forensic characteristics of mass riots includes the following elements: the method of committing a criminal offense; the situation of mass riots; the subject of the criminal act; traces of the offense; the identity of the victim; the identity of the offender. Keywords: mass riots, organization, tactics, investigative (search) actions, forensic description.

2020 ◽  
pp. 322-329
Author(s):  
В. В. Підпалий

The relevance of the article is that the method of committing a criminal offense is one of the central elements of the forensic characterization of criminal offenses, which provides the largest amount of forensic information, which allows the investigator to navigate the crime and determine the best methods of investigation. The article substantiates that the method of committing theft in a large city depends on objective factors (situation, time, place of commission; object of encroachment, its qualitative and quantitative features; the presence of tools or access to them; the commission of preparatory actions; the presence of accomplices and their qualifications) and subjective (availability of «professional knowledge», physical condition and psychological characteristics of the offender) nature. It was found that the preparation for committing theft in a large city involved the choice of the subject of criminal encroachment; preliminary reconnaissance of the place; development of a plan of criminal actions; observation of the place where the property is stored, or of the property itself; distribution of roles for theft; selection and preparation of the place of storage of stolen property; selection of technical means for penetration into the premises where the property is stored; search for technical means for transportation of stolen property. It is determined that the establishment of a method of committing theft in a large city is the basis for the promotion of operational and investigative and investigative versions and the development of certain tactics. This allows to concentrate the necessary forces and means in the places of probable theft, to provide effective operational maintenance of the most criminogenic objects. In addition, knowledge of the methods of committing thefts in a large city allows the investigator (coroner) to methodically correctly determine the directions of pre-trial investigation of criminal proceedings. It should be added that offenders, in turn, seek to use methods that would significantly complicate the investigation or make it impossible. For this purpose, new ways of committing a criminal offense and its concealment are being sought and modified.


2019 ◽  
Vol 7 (1) ◽  
pp. 315-327
Author(s):  
Ayupova Zauresh ◽  
Begaliyev Yernar ◽  
Uspanov Zholdybay

In the article «The issue on determination of typological features of people, committing criminal offenses related to the forgery of excisable goods, as an element of the criminalistic characteristics» prepared by doctoral student Ayupova Z.N.; Professor of the Department of Special Legal Disciplines, Doctor of juridical Science Begaliev E.N; Dean of the Faculty of Social Sciences and Law, candidate of juridical Sciences, Professor UspanovZh.T. The main purpose of this article is to identify the most characteristic features of an intruder's personality and to formulate recommendations aimed at improving the process of investigating criminal offenses related to falsification of excise goods. The article deals with the issue of theoretical interpretation of the concept of "criminalistic characterization of crimes" and "typology of personality" as its element. The analysis of the reference paper is given regarding the study of the typology of persons committing criminal offenses; as well as the problems that arise in determining the subject of the crime and the ways to solve them. The types of persons committing criminal offenses connected with forgery of excisable products as exogenous and endogenous types of intruders are investigated; classified by the object of encroachment, the nature of criminal acts, the degree of public danger. The concepts of socially-adoptive, socially-disadaptive type of personality of persons who commit this category of a criminal offense are disclosed. The structure of the personality of the intruder who deals in the falsification of excisable goods has been compiled and examined through socio-demographic, criminally-legal, socially significant physiological features and moral properties. The analysis of methods for establishing a suspect person is given, the main types of malefactors and their functions are identified in the production of a surrogate excise product. Recommendations for persons conducting investigations into criminal cases related to forgery of excise goods are developed.


Author(s):  
Mykola Yefimov

The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against morality. Peculiarities of forensic characteristics as an element of the methodology of investigation of this category of criminal offenses are considered. The author emphasizes that any method of investigating certain types of criminal offenses has a certain structure, an important element of which is the forensic characteristics. The concept of forensic characteristics as an element of methodology, quantity, content and significance of structural elements of this scientific category remain vague and contradictory. Moreover, at the turn of the millennium, the question of the expediency of the existence of forensic characteristics as a scientific category in general became acute. Therefore, it should be borne in mind that the value of forensic characteristics can be divided into practical and theoretical. For police officers who are directly involved in the investigation, the most important thing is the practical application of a tool that will help in the investigation process. It is noted that the method of investigation of certain types of criminal offenses is a system of sci-entific provisions, as well as methodological and practical recommendations developed on their basis for the investigation of certain types and groups of criminally punishable acts. It is emphasized that the structure of the studied scientific category is as follows: forensic charac-teristics of criminal offenses; analysis of primary information and initiation of criminal proceedings; cir-cumstances to be proved in criminal proceedings; typical investigative situations; features of conducting initial investigative (search) actions, covert investigative (search) actions and other measures; features of further investigative (search) actions, covert investigative (search) actions and other measures; features of the use of special knowledge during the investigation of a criminal offense; preventive activities of the investigator in relation to the causes and conditions that contributed to the commission of a criminal offense; features of the investigator's activity at the final stage of the investigation.


In the article, the authors consider the criminalistics aspect of a corruption crime on the example of bribery, the subject of criminal encroachment, the place and time of Commission. The characteristics and features of methods of committing bribery have been given. It has been concluded that the nature of the mechanism in each specific case is directly related to the way the crimes were committed and the personality of the participants, and their interest in concealing the fact of illegal actions and their high official position always serve as a guarantee of the absence of trace information. Bribery has a high latency and has a direct impact on strengthening the attitude of tolerance in society to the manifestation of such behavior, affects the unwillingness of a significant number of citizens to assist law enforcement agencies in identifying, disclosing and investigating corruption crimes. Recently, electronic money has become widespread, which allows offenders to use the various technical capabilities of numerous electronic payment systems and the Internet. The use of electronic money significantly complicates the process of identifying bribe-givers and bribe-takers. The subject of a bribe, together with money and other property, can be property services rendered free of charge, but payable, and certain material benefits, which should be understood, in particular, the underestimation of the value of the transferred property, privatized objects, a decrease in rental payments, interest rates for use of bank loans, etc. The nature of the subject of a bribe may also indicate the nature of the relationship between the subjects of corrupt relations. Nevertheless, the typical characteristics of the personality of the offender, the subject of the bribe, the method of committing the crime and the mechanisms of trace formation, in any case, are the basis for planning and organizing the investigation process of the acts in question.


2019 ◽  
Vol 105 ◽  
pp. 02012 ◽  
Author(s):  
Olga Safargalieva ◽  
Oleg Sergeev ◽  
Yuriy Volgin ◽  
Marina Agienko

In the article, from the standpoint of a systematic approach, the forensic characterization of safety rules criminal violations during mining operations is analyzed. That is the basic element which determines the content and algorithm of uncovering of crimes, the investigation and trial of a criminal case. The subject (the identity of offender) is its central, basic element. It is noted that the element of subject (the identity of offender) is the most informative when investigating criminal violations of safety rules during mining operations. It is based on his study in the unity and interrelation of the following aspects: official position, social and psychological properties and personality traits and victimization behavior of the criminal offence victims and third parties. The situation of a crime (the second element of forensic characterization) is structured according to the circumstances that characterize pre-, criminal, and post-criminal state of outward things; three interrelated and interdependent are pointed out. The complex combination of the levels and edges of each selected elements of a cognizable object, due to the specifics of the crime in question, also determines the peculiarities of investigative actions and search activities at the initial stage of the investigation of safety rules criminal violations during mining operations. The article proposes recommendations to overcome the objective difficulties encountered in the investigation of criminal violations of safety rules during mining operations.


2019 ◽  
pp. 104-109
Author(s):  
K.G. Shelenina

The concept of “forensic characteristics of crimes” has long been among the basic concepts of forensic theory and practice. The content of this concept is a systematic set of data about the crime, elements of its composition that are relevant for the identification and exposure of the perpetrator – the location, time, method, traces of the crime, and other circumstances of the subject of evidence, as well as related facts. Particularly serious criminal offenses represent one of the most difficult categories of crimes in terms of their detection and investigation. Often this is due to miscalculations and mistakes in the conduct of primary investigative and search operations, the lack of adaptation of existing private forensic techniques to the realities of modern crime in this field. Most often, the primary measures to identify the perpetrators of the murder of a person are haphazard in nature, conducted without involving the entire arsenal of tactical and criminalistic tools. Sometimes this leads to the loss of the necessary evidence and the lack of efficiency of the enormous amount of work. Detection of certain traces at the scene of the murder, their subsequent fixation, and seizure contribute to the emergence of possible forensic versions, as well as with their help it is possible to distinguish the key signs of the murders committed and consider the evidenced evidence in a specific context. The traces allow us to draw conclusions about the nature, motives, and mechanism of the criminal offense, the identity of the offender, his characteristic physical and psychological characteristics, which are extremely important in the investigation of the killings. Murders committed by convicts in prisons, like any other, cannot be committed without a trace, ie they leave behind in the environment as traces. Which is direct evidence when investigating such a category of crimes. Analyzing the scientific literature and taking into account the practice of law enforcement agencies, the concepts of traces, bases of classification, differentiation of concepts “trace picture”, “typical trace picture”, “typical traces”, division of trace pictures into groups of traces were investigated and revealed. Keywords: trace picture, crime, murder, places of imprisonment, traces.


Author(s):  
Anna Borovyk ◽  

The article is devoted to the concept of forensic characterization of violent crimes committed on the basis of racial, national and religious intolerance, and its main structural elements that are most important in the detection and investigation of crimes in this category. It is noted that the forensic characterization of crimes is a system of general data, information or information about typical features (structural elements) of a certain type of crime, which are important in the investigation and detection of criminal offenses of a particular type. Among the most important elements that are important during the pre-trial investigation of this category of crimes, we have identified the following: the identity of the offender, with his mental activity, which includes a special motive for committing a criminal offense - intolerance; the person of the victim; the subject of criminal encroachment; the manner of committing the crime in the broadest sense; trace picture. The article reveals the concept of the subject of proof and emphasizes that it fully covers Article 91 of the Criminal Procedure Code of Ukraine, concerning the general procedure for proving in the investigation of violent crimes committed on the grounds of racial, national and religious intolerance. Emphasis is placed on the fact that among criminals who commit violent crimes on the grounds of racial, national or religious intolerance, there are minors, which is why, along with the general circumstances covered by Article 91 of the Criminal Procedure Code of Ukraine, are subject to the establishment in criminal proceedings of circumstances that relate directly to minors and provided for in Article 485 of the Criminal Procedure Code of Ukraine. The article examines the relationship between the forensic characterization and the subject of evidence, and substantiates that the forensic characterization serves as an information base for the circumstances that are part of the subject of proof.


2018 ◽  
Vol 3 (4) ◽  
pp. 15
Author(s):  
Duraković Adnan

Robberies are crimes that particularly negatively and significantly affect the subjective sense of security (but also objective) in society. Special significance of robberies is that they are often on the edge of murder or serious bodily injury. From the criminal law and criminal investigation point of view, robberies range from the so-called "simple" cases in terms of their discovery and clarification to the very serious armed raid on individuals, money transport, legal persons such as banks and other monetary institutions. The suppression of property crimes, especially the part which includes delicts that are carried out using coercion (force and / or threat) like robberies, can be successfully carried out by methods that could be called criminalistic methods. These methods represent a kind of criminalistic engineering - criminal investigation engineering. Criminalistic engineering is all about adjusting criminal investigation tactics, forensic and legal actions and measures to special features of criminal offenses. When carrying out criminal investigation, authorized police officers must constantly take care of the so-called operational criminalistic strategy that rises above the tactical processing of a particular criminal offense, and is aimed at the creation and implementation of a complex of operational-tactical and technical measures and actions with the strategic goal of combating criminality as a whole. This is reflected in the organizational structure of the police and also in the way of criminal control which implies permanent, continuous and systematic penetration and supervision of the so-called the "dark belt" of crime.


2021 ◽  
Vol 10 (46) ◽  
pp. 176-183
Author(s):  
Yurii Yermakov ◽  
Dmytro Shumeiko ◽  
Oleh Tarasenko ◽  
Maryna Voloshyna ◽  
Sergii Chyzh

The purpose of the article is to determine the features of the search for signs of criminal offenses in the sphere of subsoil exploitation and protection. The subject of the study is the search activities of operational units in this area. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, historical-legal, formal-logical, system-structural, generalization, comparative-legal. Research results. The elements of search activity of criminal offenses in the area of subsoil exploitation and protection are established. Practical meaning. The most likely places of search and objects containing information on wrongfulness of the acts in the indicated sphere are identified. Value / originality. It is proved that process of detecting criminal offenses and those who prepare or commit them is based on the knowledge of the event of criminal offense by subtraction from the environment the changes that have arisen in connection with its preparation or commission of the traces left on the environmental elements, such as objects and documents.


Author(s):  
Viktor Pletenets

The Criminal Procedure Code of Ukraine stipulates that a search is conducted to identify and fix the infor-mation about the circumstances of the offense of criminal offenses finding tools criminal offense or property that was taken as a result of its commitment, and locating wanted persons It is noted that scientists have identical views on the need for careful preparation to prepare for the search. Individual values to obtain a positive result if training takes counteraction to investigation. Attention is drawn, in order to avoid possible impact on the investigation and the investigation process should minimize the amount of information coming from the investigator stakeholders that can act as participants of the proceedings and other persons, including the officials. At the same time should be hidden by an activity a criminal offense, setting orienting information about the individuals involved. The data obtained in the first place, by examining data about a person searches, venue search and objects to be searched more. It is emphasized that the search explores the psychological readiness to achieve, resulting in the concentration of all other feelings, focus and effectiveness of attention. The investigator should be aware of the possibility of creating conflict situations during the search and the way in which they are resolved. The conflict can be pronounced, which complicates searches. Therefore, the investigator’s commitment to conducting searches and minimizing external disturbances are also important components in developing the confidence of the searchers in the imminence of detecting caches. The need to minimize the time required to prepare for a search is indicated. This will reduce the possibility for interested persons to obtain statements of pending investigative action. Attention is drawn to the fact that the preparation of a search is a guarantee of its effectiveness.


Sign in / Sign up

Export Citation Format

Share Document