scholarly journals CRIMINALISTICS - FORENSIC PROCESSING OF THE PLACE OF A CRIMINAL EVENT

2021 ◽  
pp. 77-89
Author(s):  
ŽELJKO NINČIĆ
Keyword(s):  
Criminal Activity ◽  
Crime Scene ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Different Types ◽  
Cover Up

Every person who commits a criminal offense tries both to cover up his criminal activity and to remove traces at the place of execution that would be incriminating for him and could bring him in connection with the criminal offense. However, despite such efforts the place where a certain criminal event took place, in most cases is a place where it is possible to find different types of traces and objects related to the crime. Most of these traces and objects, often have their origin and are related to a specific crime. However, traces and objects can be found that are not related to the specific crime and perpetrator or have some remote connection but are not crucial for its elucidation. Resolving such a dilemma implies determining the relevant relationship between the traces and objects found at the scene of the criminal event and the criminal act and its perpetrator. In that case, criminal (forensic) processing of the crime scene is an activity that is crucial for establishing legally relevant facts and for the success of criminal proceedings. The paper discusses the specifics of criminal – forensic processing of the crime scene. The existence of different types of traces at the crime scene is pointed out and the importance of their finding, fixing, interpretation and packaging is emphasized. Special emphasis is placed on the need to determine the causal consequential links between the traces and objects found and the specific criminal offense and the perpetrator, i.e., their probative credibility in the context of the outcome of the criminal proceedings.

scholarly journals Situation of crime as an element of forensic description of pimping committed by organized group

2020 ◽  
Vol 1 (1) ◽  
pp. 238-244
Author(s):  
Yevdokiya Buzhdyhanchuk
Keyword(s):  
Crime Scene ◽  
Time Of Day ◽  
The Other ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Broad Concept ◽  
Recreation Centers ◽  
The One ◽  
Full Investigation ◽  
Group 1

The article deals with some aspects of the pimping investigation by an organized group. The crime situation as the element of the criminalistic characteristic of this offence is examined, and its relation with other elements is examined too. The author emphasizes that the crime scene is a broad concept that includes a number of elements that characterize the environment in which a socially dangerous act is committed. They must always identify the time, place and conditions of the crime that are relevant to his full investigation. The crime scene should be investigated from different directions. In particular, on the one hand, as the geographical spread of the investigated criminal offense, on the other - the specific place of its commission. The location of the pimping is part of the event. It contains a large amount of information about the mode of commission of a criminal offense, certain data about the identity of the offender. On the basis of the investigation of materials of criminal proceedings the author has identified the following places of committing pimping by an organized group: 1) recreation establishments (of which: night clubs, cafes, bars, restaurants); 2) weekend or vacation establishments (of which: recreation centers, hotels, "rental" apartments); 3) facilities for sports and wellness (of which: spas, massage rooms, wellness centers); 4) the place of residence of the "client" (of which: apartments, houses, holiday cooperatives); 5) vehicles; 6) other places. It has been noted that the frequency of pimping by an organized group depends on the time of day as follows: about 7% are done in the morning (from 6 to 12 hours); 14% - in the afternoon (from 12 to 18 hours); 42% - in the evening (from 18 to 24 hours); 37% - at night (1 to 6 hours). And according to the criterion of the season, these actions are performed in the summer in 22% of cases; in the fall - 25%; in winter - 21%; in the spring - 32%. Also important are the conditions of the criminal offense under inves-tigation.

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.

scholarly journals Criminalistics characteristics of official forgery

2019 ◽  
pp. 90-99
Author(s):  
D. Serhieieva ◽  
Z. Toporetska
Keyword(s):  
Scientific Literature ◽  
Scientific Research ◽  
Criminal Activity ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Offense ◽  
The Subject

In the article, based on the analysis of scientific literature on criminalistics and criminal process, the analysis of criminalistics characteristics features of official forgery. It is justified that official forgery is a crime that is used to commit the majority of corruption crimes. In most cases, the causes and conditions of its commission are related to the factors that contribute to the commission of corruption and official misconduct, as in most cases, official forgery accompanies them. The purpose of this article is to study the criminalistics characteristics of office counterfeiting. The criminalistics characteristic of the crime is considered by the authors as a system containing a set of forensic significance features inherent in a certain type of crime. Like any system education, criminalistics characterization of crimes consists of interconnected components – elements. The indicated elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) personality of the offender acting in the direction 2) the choice of the object of the criminal offense, 3) in a certain environment, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The following elements of f criminalistics characteristics of official forgery are analyzed in the article: the identity of the offender, the subject of direct criminal assault, the method of committing the crime, the following picture. The criminalistics characteristics of official forgery allows to distinguish it from other crimes, in particular from forgery of documents, as well as crimes committed through forgery. The criminalistics characteristics of official forgery facilitates the identification of the circumstances to be proven in criminal proceedings for crimes of this kind and the planning of their investigation. At the same time, during the investigation of crimes of this kind, there are a number of problems that need further resolution, and therefore the issue requires separate scientific research, which will be the subject of further scientific research.

scholarly journals THE PROBLEMS OF INVESTIGATION TACTICAL MEANS ON SQUATTING AND ILLEGAL CONSTRUCTION

2020 ◽  
Vol 21 (1) ◽  
pp. 46-65
Author(s):  
I. Hryshko
Keyword(s):  
Local Community ◽  
Criminal Activity ◽  
Scientific Concept ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Economic Transformations ◽  
Legitimate Interests ◽  
High Level ◽  
Subjective Rights ◽  
Optimal Set

The problems of developing the scientific concept of investigation tactical means while squatting and illegal construction, their relation with the forensic tactics means and identification of its place in the criminalistics system are examined. It is substantiated that tactical means of squatting and illegal construction investigation are the optimal set of linked by a common goal nonprocedural actions (measures), tactical methods, combinations, operations, recommendations, which are related to determining the action course of investigation entities and solving tactical tasks of a particular type of crime. It is proved that a prerequisite for the active development and implementation of means into investigative practice is that the realities of socio-economic transformations in Ukraine have led to the emergence of criminal activity new types and to advanced ways of its implementation. It seems that the development and use of means as a specific “toolkit” of forensic tactics in the activities of criminal proceedings professional participants (investigators, detectives), is one of the priorities of criminalistics at the present stage and the urgent need for practice. It is noted that investigation tactical means of squatting and illegal construction provide professional participants in criminal proceedings with specialized toolkit that ensures the effective solution of tactical tasks that arise in the investigation of a crime. It is substantiated that the investigated criminal offense has a fairly high level of public danger, since it encroaches upon the subjective rights and legitimate interests of citizens, state or local community represented by relevant authorities, therefore it requires prompt response from the entities of pre-trial investigation. Scientific approaches to understanding forensic tactics means and investigation tactical means of squatting and illegal construction are considered. Promising directions for further scientific developments on the outlined problems are offered.

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".

scholarly journals Circumstances to Be Clarified under the Investigation of Interference into Law Enforcement Officer’s Activity

2021 ◽  
Vol 81 (2) ◽  
pp. 97-103
Author(s):  
V. O. Gusieva
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Demographic Data ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Enforcement Officer ◽  
Criminal Offenses ◽  
Procedural Costs ◽  
Detailed List ◽  
Law Enforcement Officer

The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.

scholarly journals Transport telecommunication networks as an information medium for obtaining information relevant to criminal proceedings: problematic issues of legal regulation

2019 ◽  
pp. 161-173
Author(s):  
O. Metelev
Keyword(s):  
Human Rights ◽  
Rapid Development ◽  
Crime Scene ◽  
Legal Regulation ◽  
Information Environment ◽  
Telecommunication Networks ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Telecommunications Networks ◽  
National Legislation

Scientific and technological progress, as well as the rapid development of information technologies, the formation of the information society, the introduction of telecommunications systems and networks into all vital processes, the availability of digital communications and information transmission have necessitated the use of new methods of combating crime in the new information (cybernetic) space, this artificially created environment, which is an integral part of transport telecommunications networks (TTN). The extraterritorial nature of transport telecommunication networks and systems, together with the global Internet, greatly complicates their legal regulation, as it is sometimes quite difficult to determine the jurisdiction of which state relates a criminal offense. Thus, when conducting silent investigative actions, a legitimate question arises as to the lawfulness of work in the information environment of the transport telecommunication network for obtaining digital evidence in the interests of criminal proceedings. Purpose of the article: to investigate the problematic issues of legal regulation when working in transport telecommunication networks in order to obtain information relevant to criminal proceedings during the conduct of silent investigative actions. The paper draws attention to the insufficient level of scientific research to cover the problematic issues of studying transport telecommunications networks as an information medium for legal obtaining digital evidence in the interests of criminal justice. The national legislation regulating public relations in this field is analyzed, as well as the case law of the European Court of Human Rights, which reveals some «white spots» in national legislation on ensuring the legitimacy and protection of human rights in the conduct of vague private communication interventions in the information environment of transport telecommunication networks. Taking into account the extraterritorial nature of the information (cyber) space, it is concluded that there is a need for clear legislative regulation of procedural activity in the transport telecommunication networks in order to ensure the security of the individual, society and the state as a whole in this sphere. The article also discusses different approaches to legal disparities in cyber crime investigations. The question of determining the crime scene in the information (cybernetic) space is raised, an attempt is made to define the "crime scene" and provides suggestions for improving legislation.

scholarly journals CRIMINAL CHARACTERISTICS AS AN ELEMENT OF THE METHODOLOGY OF INVESTIGATION OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER

2020 ◽  
pp. 5-11
Author(s):  
О. А. Антонюк
Keyword(s):  
Public Order ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Illegal Acts

The relevance of the article is that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as have a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for the development of versions, to build correlations between individual elements, to ensure better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. The peculiarities of forensic characteristics as an element of the methodology of investigation of a certain category of criminal offenses are considered. The author emphasizes that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as has a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for proposing versions, building correlations between individual elements, ensuring better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. In our opinion, this is really important for the methodology of investigation of any criminal offense, so we will try to solve the problem of its construction in the studied category of actions: against public order. The notion of forensic characteristics is formulated as a set of data on forensically important features and properties of an illegal act, which is due to the natural connections between its individual elements and provides construction and verification of versions to solve specific problems of criminal proceedings.

scholarly journals Crimination and Solution of Criminal Matters in the Criminal Proceedings of Bosnia and Herzegovina - a Division Between Normative and Actual

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Sadmir Karović ◽  
Marina M. Simović
Keyword(s):  
Bosnia And Herzegovina ◽  
Practical Aspect ◽  
Criminal Proceedings ◽  
Criminal Matter ◽  
Criminal Offense ◽  
Procedural Law ◽  
Procedural Task ◽  
Standards Of Proof ◽  
Criminal Matters ◽  
Practical Nature

In this paper, the central part presents the solution of the criminal-procedural task, that is, the clarification and solution of a specific criminal matter in criminal proceedings of Bosnia and Herzegovina by criminal-law entities, with special attention to restrictive legal conditions of a criminal-procedural nature, as well as certain problems and dilemmas of a practical nature. The extremely dynamic development of modern criminal procedural law in the last two decades is also characterized by the adoption of new criminal procedural solutions with a pronounced tendency of humanization, which directly relates to the catalog of the rights of the suspect or accused person. In order to understand the nature of the criminal proceedings, the conceptual determination and differentiation of the criminal matter as the main subject of the criminal proceedings was made to the criminal matter in an unfair and fair sense, with reference to the practical aspect of the efficient conduct of the criminal proceedings and the illumination and settlement of the criminal matter, respecting the standards of proof. Given the nature of the criminal proceedings, in addition to the criminal matter as the main case, other secondary or ancillary issues are included which do not constitute a criminal offense but relate to the criminal matter (property claim, so-called prejudicial or preliminary issues and costs of the proceedings).

The Role of Criminalistic Classification and Defendants’ Typification in the Formation of Forensic Recommendations for Prosecuting in Court

Lex Russica ◽  
2020 ◽  
pp. 69-83
Author(s):  
S. L. Kislenko
Keyword(s):  
Decisive Role ◽  
Criminal Activity ◽  
Point Of View ◽  
Practical Significance ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
First Case ◽  
Court Proceedings

Systemic characteristics of the doctrine dealing with the person committing a crime predetermine the complexity of the use of information about him or her in the process of criminal prosecution. Systemic information on the behavioral aspects of the person in the process of genesis of criminal and post-criminal activity, as well as its procedural status, will be of great importance in the work of law enforcement agencies as a systematic structure. Criminalistically significant aspects of criminal activity (and behavior) as a systemic holistic structure should be discussed when the decisive role of personal features is determined not only in the mechanism of the criminal act, but also beyond it. The activity of the person that takes place both before the criminal prosecution (criminal aspect) and during the proceedings (post-criminal aspect) should be investigated. Therefore, the identity of the defendant should be considered in the context of such categories as the identity of an offender and the identity of an accused (a suspect). The typification of defendants is necessary In order to improve the effectiveness of the prosecution of offenders in court proceedings. The classification approach allows us to develop targeted recommendations (methods, tactical complexes) to maintain the prosecution. Obtaining and using information about the identity of the defendant implies the need for the public prosecutor to interact with other authorities involved in prosecution process. The author comes to the conclusion that the study of personal and behavioral characteristics of the defendant has important theoretical and practical significance. In the first case, the generalization of such knowledge contributes to the development of criminalistic theory in general and its certain sections in particular. From a practical point of view, accumulation of such knowledge contributes to the formation of targeted criminalistic recommendations used to improve the effectiveness of criminal prosecution of persons who committed crimes within the framework of criminal proceedings.

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