scholarly journals Typical investigative situations during the investigation of mass riots

2020 ◽  
Vol 4 (4) ◽  
pp. 342-246
Author(s):  
Anton Lisnyak
Keyword(s):  
Police Officers ◽  
Important Task ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Proceeding ◽  
Initial Stage

The article highlights the features of the investigation of mass riots. Typical investigative situations during their investigation and the most expedient algorithms of actions of police officers for faster investigation of a criminal offense have been considered. The author has emphasized that a typical investigative situation is a set of circumstances to be proved in criminal proceedings on a crime, other circumstances that have arisen in the course of inves-?igative actions, officially and informally established, perhaps even in conjunction with the escalation of contradictions between participants, sub ' objects of forensic activity and other persons. The author maintains that taking into account the typical and individual in the investigation of each specific criminal proceeding makes this process more effective. The role and significance of investigative situations are primarily due to the fact that they are a model for clarifying the unknown elements of a particular situation; their separation and consideration allows during practical activities to save time to determine the feasibility of certain measures in the investigation of crimes. In the typical initial investigative situations of certain types of crimes developed by criminologists, data are concentrated that allow to develop scientific recommendations for the most effective promotion of general and individual versions in the course of investigative activities. Therefore, the typification of the initial investigative situations is an extremely important task that will contribute to the development of effective methods for investigating riots, as well as effective practical activities for the investigation of crimes of this kind. The author has noted that in the investigation of mass riots, the amount of evidence that can be seized during the effective conduct of investigative (search) actions and other measures is quite significant. The initial investigative situation includes a number of stages, the passage of which means its solution. Each of them has its own tasks and ways to solve them. Based on the analysis of a number of scholars’opinions and materials of criminal proceedings, the author identified typical investigative situations of the initial stage of the investigation of mass riots.

scholarly journals JUSTIFICATION OF SUSPICION DURING THE APPLICATION OF CRIMINAL PROCEEDING MEASURES

2021 ◽  
Vol 75 (2) ◽  
pp. 169-174
Author(s):  
Maryna Savchuk ◽  
◽  
Artem Shapar ◽  
Keyword(s):  
Human Rights ◽  
Crucial Role ◽  
Scientific Article ◽  
Precautionary Measure ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Proceeding ◽  
European Court ◽  
Criminal Procedure Law ◽  
Precautionary Measures

The scientific article contains information on the study of the concept of «reasonableness of suspicion», the study by the investigating judge of the evidence that substantiates the suspicion during the application of precautionary measures. The article analyzes scientific works on certain topics, decisions of the European Court of Human Rights and national legislation. The main problem is identified, which is related to the fact that the investigating judge in most cases, when considering a request for a measure of restraint, ignores the need to examine the evidence related to the examination of suspicion. The result of the above material is the fact that the notification of a person of suspicion can in no way justify the application of measures to ensure criminal proceedings. An important procedural step, which plays a crucial role in the pre-trial investigation stage, is the notification of a person of suspicion. Suspicion is presented to a person only on the basis of proper, admissible, sufficient and reliable evidence, it allows to suspect a person of committing a criminal offense. The pre-trial investigation body does not always establish all sufficient grounds for such a suspicion, so the question arises as to its validity. After the notification of suspicion, it is possible to apply one of the measures to ensure criminal proceedings, namely: a precautionary measure. The norms of the criminal procedure law oblige the court, when choosing a measure of restraint, to take into account the data underlying such a decision. The presence of a notice of suspicion is not an identical notion of the validity of the suspicion. In order to substantiate the suspicion, the parties to the criminal proceedings are obliged to provide the investigating judge with evidence of the circumstances to which they refer, which in turn entails the duty of the investigating judge, the court to verify and evaluate the evidence. The presence of risks does not justify the suspicion. The need to comply with the rule on the verification of «reasonableness of suspicion» is realized by establishing criteria that should be investigated and established by the investigating judge during the consideration of motions for the application of measures to ensure criminal proceedings.

scholarly journals Some problems of investigating street fraud and the ways to solve them

2018 ◽  
Vol 71 (4) ◽  
pp. 55-59
Author(s):  
K. D. Zaiats
Keyword(s):  
Police Officers ◽  
Educational Process ◽  
Practical Significance ◽  
Limited Information ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Initial Stage ◽  
General Scientific ◽  
The Individual ◽  
High Level

The subjects of the study are the problems that arise at the initial stage of the investigation of street fraud, the study is the individual problems of pre-trial investigation of street fraud and the ways of their solution. The study aims to highlight the most common problems in practice at the initial stage of the investigation of this group of fraud, and presents recommendations for their solution. In the course of time, general scientific methods of cognition were used. The relevance of the research topic is that the main problems of investigators arise at the stage of the decision to open criminal proceedings. Difficulties are related to the fact that the investigator needs to take a key procedural decision based on the analysis of very limited information about the event. In addition, in the context of open criminal proceedings, it is very difficult to form a system of evidence of the existence of a criminal intention in the actions of a fraudsters. Indeed, unlike other crimes, they are reflected not so much in material traces as in acts of intellectual nature: the reporting of false information, the use of fictitious documents, specific attributes, and many others. Gathering evidence of such an order requires an extraordinary level of professionalism. The investigator should not only have a high level of knowledge of the existing criminal and criminal procedural legislation, but also be aware of ways to overcome the main difficulties encountered in criminal proceedings on fraud. The novelty of the results is that the research in this direction was conducted for the first time. The main results of the study are given a number of typical problems of investigation of street fraud, as well as recommendations for their overcoming. The results of the study can be used in the field of the criminal law cycle. The practical significance lies in the possibility of introducing the results of the research into the educational process in the presentation of the discipline “The method of investigation of crimes”, special courses, as well as in raising the skills of practical police officers. As a result of the study, conclusions were drawn in the form of concrete proposals for addressing typical problems arising in the investigation of street fraud.

scholarly journals Typical investigatory situations in investigation of group violations of public order

2020 ◽  
Vol 3 (3) ◽  
pp. 299-303
Author(s):  
Denys Usatkin
Keyword(s):  
Police Officers ◽  
Public Order ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Course Of Action ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Forensic Scientists ◽  
Tactical Decisions

The scientific article is devoted to covering some aspects of the investigation of a group violation of public order. The essence and system of typical investigative situations of the specified actions for their faster and more effective investigation are considered. It is noted that the activities of law enforcement officers should have a specific structure, which will vary depending on the specific circumstances that occur in the investigation of certain criminal offenses. That is, the algorithmization of the criminal proceedings for a particular category of offenses should be the main task of forensic scientists. At the same time, it is necessary to understand that it is impossible to build an algorithm of actions without identifying certain situations that may arise during the investigation. Criminal proceedings for group violations of public order are no exception. These acts violate public order and are quite difficult to distinguish from the accompanying acts: riots and hooliganism. And it is thanks to the correct course of action of police officers at the initial stage of the investigation that the greatest possible amount of evidence will be gathered. The author supports the position of scholars who formulate a typical investigative situation as a set of conditions that are objectively formed in the investigation of criminal offenses, create a unique situation at a given time, which poses the investigator the problem of choosing the appropriate course of action and tactical decisions. After analyzing the above situations and factors influencing their formation, as well as materials of criminal proceedings, the author formulated the following typical investigative situations in the investigation of a group violation of public order: persons who committed a group violation were detained at the scene, the victim witnesses, eyewitnesses and available material traces of a criminal act; persons who have committed a group violation of public order, disappeared from the scene and are known only by appearance, available witnesses and material traces of a criminal act; traces of illegal actions were found, the offenders are unknown, witnesses were found at the scene.

scholarly journals TYPICAL INVESTIGATORY SITUATIONS AND TACTICAL TASKS WHEN INQUIRING INTO THE CRIMINAL PROCEEDINGS ON FINANCIAL RESOURCES FRAUD

2020 ◽  
pp. 135-139
Author(s):  
P. O. Hryhorovych
Keyword(s):  
Financial Resources ◽  
Specific Situation ◽  
Criminal Proceedings ◽  
Bank Account ◽  
Criminal Offense ◽  
Tax Legislation ◽  
Criminal Offenses ◽  
Initial Stage ◽  
The Moment ◽  
Source Of Information

The article proposes the tactics of actions of the investigator (head of the investigative unit) of the bodies, which exercise control over the observance of tax legislation, based on the nature of the known circumstances about the criminal offense and persons involved in its commission. The following investigative situations were distinguished by the results of consideration of allegations and reports of criminal offenses: signs of a crime were found to be the basis for entering information in the Unified Register of Pre-trial Investigations and the commencement of pre-trial investigation; no crime was detected, why to carry out verification measures in view of Part 1 of Art. 214 of the CPC of Ukraine and in accordance with the Law of Ukraine “On Operational Investigation Activities”; the fact of committing a criminal offense is not confirmed by the materials of the audit (with the conclusion drawn). It is emphasized that the source of information about the identity of the offender can be considered the search for witnesses, forensic investigation of documents that fixed the registration of the movement of funds from the moment of their unlawful withdrawal from the bank account before carrying out operations on their legalization (laundering). It has been determined that the development of forensic methods of investigation of fraud with financial resources are dominant tactical tasks, while others are subordinate. The analysis of investigative practice shows that cognitive tactical tasks of investigation differ from each other not only in content but also in degree of complexity and, accordingly, by means of solution. It is concluded that the complex application of procedural, operational, search and organizational measures to solve the tactical tasks of the initial stage of investigation of fraud with financial resources are not exhaustive, since it is impossible to formulate universal investigation schemes applicable in any case, how it is impossible to predict the actions of criminals in advance. Therefore, each specific situation of investigation requires the investigator, first of all, creative activity within the framework of criminal procedural regulation on the basis of the generalized practices in science, theoretical provisions and methodological recommendations.

scholarly journals Forensic description as an element of the methodology of investigation of criminal offenses against morality

2020 ◽  
Vol 3 (3) ◽  
pp. 161-167
Author(s):  
Mykola Yefimov
Keyword(s):  
Police Officers ◽  
Scientific Article ◽  
Turn Of The Millennium ◽  
Structural Elements ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Investigation Process ◽  
Practical Recommendations

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.

scholarly journals . Essence of forensic description of citizens’ luggage thefts committed at the airport

2020 ◽  
Vol 1 (1) ◽  
pp. 293-300
Author(s):  
Anastasiya Senko
Keyword(s):  
Law Enforcement ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Forensic Practice ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Law Enforcement Officials ◽  
The Subject ◽  
Over Time

. The article deals with some aspects of investigating theft of citizens' luggage at the airport. The features of forensic characteristics for faster investigation of the investigated category of criminal offenses are considered. The author emphasizes that the creation of a stable system is a prerequisite for the effectiveness of any activity. The process of pre-trial investigation of criminal offenses is not an exception. An important element of the methodology of investigation of a particular criminal offense is its forensic characteristics. This element allows law enforcement officials to build versions and determine the direction of criminal proceedings at its initial stage. At the same time, when investigating theft of citizens' luggage at the airport, the initial stage is in many cases crucial. It provides an opportunity to gather sufficient evidence that will be lost over time without being able to recover it. Therefore, the issue of research and development of the cur-rent forensic characteristics of the offense is important for the investigation as a whole. It is also noted that the forensic characteristics of the citizens' luggage theft committed at the airport is a system of generalized evidence of the studied materials of the forensic practice, which reflect the connection and correlation of individual forensically significant elements that can be used in the pre-trial investigation of a specific criminal offense. The system of the designated category consists of the following elements: method of preparation, commission and concealment of a criminal offense; the subject of the assault; the situation of committing a criminal offense; a trace picture; the person of the offender; the identity of the victim.

Determining the Grounds for Conducting Examination through the Prism of Investigative Practice

2020 ◽  
Vol 79 (4) ◽  
pp. 61-65
Author(s):  
Я. Ю. Конюшенко
Keyword(s):  
Crime Scene ◽  
The Body ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Initial Stage ◽  
Procedural Code ◽  
Legislative Amendments ◽  
Legal Grounds

The problems of determining the grounds for such an investigative (search) action as an examination have been clarified. The purpose of the article is to determine the grounds for conducting an examination, as well as to distinguish problematic aspects that arise in the investigative practice at the initial stage of conducting an examination. It has been determined that there must be factual and legal grounds for conducting an examination. The factual grounds, in contrast to the legal ones, are not defined in the Criminal Procedural Code of Ukraine. However, their legislative specification is inexpedient, since it is impossible to predict all cases for this investigative (search) action in advance. The factual grounds are the data recorded in the materials of criminal proceedings, for example, that the body of a suspect, witness or victim has traces of a criminal offense or special signs, the detection of which is important for criminal proceedings. The legal ground for conducting the examination is the decision of the prosecutor (Part 2 of the Art. 241 of the Criminal Procedural Code of Ukraine). The study of investigative practice has revealed investigators, prosecutors’ violations of the procedure of conducting the examination, in particular failure to present the prosecutor’s decision and “substitution” of the examination with the crime scene search during the recording the person’s handwipes, which are the grounds for the court to declare the evidence inadmissible. The analysis of the investigative practice showed the need for legislative amendments in regard to conducting the examination. We should stipulate the possibility to conduct the examination by the order of an investigator, followed by notification of a prosecutor. The indicated propositions should be implemented in Part 2 of the Art. 241 of the Criminal Procedural Code of Ukraine.

Establishment Of Judicial Control Over The Initiation Of A Criminal Proceeding

2021 ◽  
Vol 3 (05) ◽  
pp. 29-32
Author(s):  
Khudaybergenov Baxram Kuanishbaevich ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Proceeding ◽  
Judicial Control ◽  
Initial Stage

The article analyzes the problems of the initial stage of criminal proceedings caused by changes in the criminal procedure legislation. Special attention is paid to the improvement of the rules governing the procedure for appealing to the court against the actions and omissions of officials to initiate a criminal case or refusal to initiate it.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

ANALYSIS AGAINST ARREST SUSPECT IN POLICE REGULATION NO. 14 YEAR 2012 ON THE CRIME INVESTIGATION MANAGEMENT (CASE STUDY IN NORTH BOGOR POLICE)

2015 ◽  
Vol 1 (2) ◽  
pp. 76-92
Author(s):  
Dadang Suprijatna ◽  
Indralis Wardana ◽  
Fahrul Siregar
Keyword(s):  
Police Officers ◽  
Preliminary Evidence ◽  
Criminal Offense ◽  
Arrest Warrant ◽  
The Public ◽  
The North ◽  
The Republic ◽  
Search For Information ◽  
Management Case Study

ABSTRACTThe method used in this thesis is a normative juridical research that is the approach that uses the concept of positive legality which states that the law is identical with the norms made written and enacted by institutions or authorities. In addition this concept also saw law as a normative system that is autonomous, closed and detached from public life. For the purposes of the investigation, investigators at the behest of investigators authorized to make arrests also for the sake of the investigation, the investigator and the investigator maid authorities make arrests. Arrest order made against a person who alleged a criminal offense based on sufficient preliminary evidence. Execution of tasks arrests were made by police officers of the Republic of Indonesia by taking into account the Letter of Assignment and gives an arrest warrant that lists the suspect's identity and mentions the reason for arrest and brief descriptions of crimes that presupposed and place in check, in which case caught arrests made without warrants, provided that the catcher should be immediately handed caught and existing evidence to the investigator or the investigator's closest aides, ransom arrest warrant should be given to the family immediately after the arrest is done, can be done for a maximum of one day. The conclusion of this study are 1) The arrest of the perpetrators of the process by members of the police force North Bogor Police first is the start of the search for information, arrest / raids, searches of perpetrators, confiscation of evidence to facilitate the examination of the offender. 2) Barriers experienced by members of the North Bogor Police in the execution of the arrest of a criminal offense (a) Lack of cooperation between the police (investigators) to the public; (b) Perpetrators of the crime of removing traces of the crime; (c) Limited facilities and prasarana.yang owned by North Bogor Police; (d) .Terbatasnya human resources (police) to uncover a crime. 3) Efforts by the North Bogor Police to overcome the obstacles in the process of the arrest of perpetrators of criminal acts as follows: (a) Fix yourself to socialize paradigm shift to community policing. (b) Provide an opportunity for the whole society to provide input to the North Bogor Police. (c) Guidance personnel are able to provide persuasive measures. (d) Propose to the City Police Bogor on procurement operational support facilities.

Sign in / Sign up

Export Citation Format

Share Document