scholarly journals TYPICAL INVESTIGATIVE SITUATIONS AT THE INITIAL STAGE OF INVESTIGATION OF FRAUDS COMMITTED WITH THE USE OF SOCIAL ENGINEERING METHODS IN THE FIELD OF INFORMATION AND TELECOMMUNICATION TECHNOLOGIES

2021 ◽  
Vol 31 (4) ◽  
pp. 697-704
Author(s):  
N.I. Starostenko
Keyword(s):  
Preliminary Investigation ◽  
Social Engineering ◽  
Criminal Case ◽  
Initial Investigation ◽  
Initial Stage ◽  
Difficult Part

In cases of social engineering fraud, the most difficult part of their organization is the initial investigation phase. The sequence and tactical features of the production of investigative actions aimed at identifying these frauds are largely determined by the investigative situations that develop at the initial stage. The article discusses typical investigative situations that arise at the initial stage of investigation of frauds committed using methods of social engineering in the field of information and telecommunication technologies. The sequence of investigative actions and other procedural measures in the course of a preliminary investigation within the framework of an initiated criminal case on the fact of committing such frauds, depending on the current investigative situation, is considered.

scholarly journals PROSECUTOR’S AUTHORITIES IN A CRIMINAL CASE SUBMITTED WITH A LETTER OF ACCUSATION

2020 ◽  
Vol 10 ◽  
pp. 61-64
Author(s):  
Ilya S. Dikarev ◽  
Keyword(s):  
Final Stage ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Prosecution

The author in the article deals with the powers to change the degree and qualification of the prosecution used by the Prosecutor at the final stage of pre-trial proceedings. The author concludes that the scope of powers depends on the form of preliminary investigation determining the procedural function of the Prosecutor. The opinion that the Prosecutor after transferring the criminal case with the indictment obtains the function of criminal prosecution is critically evaluated. The author shows that the Prosecutor assumes this function only if the indictment is approved. The author’s position is supported by the need to return the opportunity to adjust the charge in the criminal case received by him with the indictment to the Prosecutor.

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.

scholarly journals Digital rights persons carrying out a preliminary investigation

2021 ◽  
pp. 108-115
Author(s):  
A. N. Pershin
Keyword(s):  
Private Information ◽  
Human Life ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
The Internet ◽  
Data Sets ◽  
Significant Information ◽  
Digital Rights ◽  
Criminal Procedure Law

The emergence of the Internet and intangible digital objects of value to humans led to the proclamation of the concept of “digital human rights” in civil substantive law. In criminal procedure law this term is not absent. In this case, the investigator collects information about the circumstances to be proved in a criminal case under the conditions of digitalization of all human life processes. The Internet network has combined a large number of data sets of government agencies, commercial organizations, and individuals. The investigator’s access to these data sets and their study would allow optimizing the investigator’s activities by quickly collecting the necessary information for the criminal case and using it as evidence. To this end, the article gives the concept of” digital rights “ of an investigator, suggests an approach to creating such rights in criminal procedure legislation, and defines the problems of organizing the collection of criminally significant information from public and private information systems on the Internet. 

scholarly journals Joining a Criminal Case by a Defense Counsel in the Course of Pre-Trial Investigation

2021 ◽  
Vol 1 ◽  
pp. 40-43
Author(s):  
Tatyana I. Khvenko ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Defense Counsel ◽  
The Moment

This article discusses the problems of a lawyer’s entry into a criminal case during the preliminary investigation, emphasizes the need for the officials of the preliminary investigation bodies to ensure the timely entry of a lawyer into a criminal case, substantiates the important role of a lawyer’s participation in the legality and legality of investigative and other procedural actions committed against the client, investigates the question of the need for the participation of a lawyer from the moment of the actual detention of a person subjected to criminal prosecution.

scholarly journals The institution of suspicion and the initial stage of the criminal process: interrelated prospects of development

2021 ◽  
Vol 2021 (4) ◽  
pp. 121-131
Author(s):  
Ol'ga Polikarpova
Keyword(s):  
Criminal Procedure ◽  
Radical Change ◽  
Criminal Case ◽  
Initial Moment ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Initial Stage

The article considers the question of the interdependence of the improvement of the institution of suspicion and the transformation of the initial stage of the Russian criminal process. The article highlights the problem of the legislative limitation of the period of the procedural status of a person as a suspect in the event of a criminal case being initiated not against him, but upon the commission of a crime and insufficient evidence of the involvement/non-involvement of such a person in a criminal offence committed at the initial stage of the investigation, which often does not allow avoiding unreasonable restrictions on the constitutional rights and freedoms of this participant in criminal proceedings. The relevant experience of some post-Soviet states that followed the path of a radical change in the criminal procedure model after the collapse of the USSR is analysed. The article compares the provisions of the criminal procedure legislation of the Russian Federation and the Kyrgyz Republic directly related to the institution of suspicion, including the moment of triggering criminal prosecution and the duration of a suspect’s keeping the specified procedural status. The arguments given in the article substantiate the need to reform the initial moment of the emergence of the procedural status of a suspect in Russian criminal proceedings and the associated expediency of abolishing the stage of initiation of a criminal case in order to increase the guarantee of the rights and legitimate interests of the person introduced into the procedural status we are analysing.

scholarly journals Powers of the prosecutor during pretrial proceedings to protect the rights of victims of crimes

2021 ◽  
Vol 7 (3) ◽  
pp. 89-93
Author(s):  
Lilia R. Komarova ◽  
Mikhail V. Kolesov
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
The Status ◽  
The Right ◽  
The Impact

The article substantiates the need to change the criminal procedural legislation that regulates the powers of the prosecutor and the status of the victim and gives the prosecutor the right to initiate a criminal case. The proposed changes in the procedural powers of the prosecutor are also considered through the prism of organizing the activities of law enforcement agencies and the impact of statistical reporting indicators on their activities. The experience of prosecutorial and investigative practices and the opinion of distinguished domestic legal scholars are analyzed. The changes proposed by the authors could have a significant positive impact on the work of preliminary investigation bodies and reduce the number of violations committed during preliminary investigation stages. In addition, bringing the status of the prosecutor and the preliminary investigation bodies into a logical procedural position could eliminate unnecessary and inherently harmful corporate competition.

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.

PECULIARITIES OF THE MECHANISM OF MARKING FORMATION WHEN COMMITTING A THEFT USING THE INFORMATION AND TELECOMMUNICATION TECHNOLOGIES AND SOCIAL ENGINEERING TECHNIQUES

2021 ◽  
pp. 48-54
Author(s):  
N. I. Starostenko ◽  
Keyword(s):  
Preliminary Investigation ◽  
Mental Image ◽  
Social Engineering ◽  
Technical Device ◽  
The Social ◽  
Psychological Influence ◽  
Use Of The Internet ◽  
The Mind ◽  
And Behavior

One of the main ways of achieving mercenary purposes in thefts committed using the information and telecommunication technologies is the application of social engineering techniques implemented through the psychological influence methods and aimed at controlling the consciousness and behavior of people. Late identification of such thefts and the shortcomings when collecting primary material during the preliminary investigation indicate the necessity to study the features of their mechanism of marking formation. The paper deals with the forensic characteristics of the material, ideal, and electronic-digital traces peculiar for this type of crime. Material traces are represented as traces-objects (technical devices adapted for the social engineering methods implementation, SIM cards, bank cards, documents), and traces-displays (biological traces allowing to identify that the theft of funds is committed by a specific person using a particular technical device). As the ideal traces, the authors consider the mental image of a crime committed in the mind of a person presented in the evidence of a victim, suspect (accused), witness, expert, specialist, and other persons, resulting from the illegal remote actions of a suspect (an accused) to have psychological influence (the use of social engineering methods) on a victim using the information and telecommunication technologies. The paper defines digital traces, considers their specific examples depending on the use of the Internet and (or) computer, mobile devices, and the social engineering methods by intruders. The authors formulate the typical trace pattern of analyzed thefts, the knowledge of which allows obtaining the forensically important information on the way and nature of a crime, persons involved in it, and determining the tactics of follow-up law enforcement intelligence and investigative actions.

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