Education, The science
Criminalistic methods of investigation of crimes
представляет собой комплекс научных концепций и формулируемых на их основе рекомендаций для сотрудников правоохранительных органов, осуществляющих раскрытие и пресечение уголовно наказуемых деяний определенной категории. The forensic methodology of investigating crimes is a set of scientific concepts and recommendations formulated on their basis for law enforcement officers who are carrying out the disclosure and suppression of criminally punishable acts of a certain category. Let's consider it in more detail.
General provisions of forensic methodology
The recommendations developed on the basis of scientific concepts are concretized and applied in situations typical for certain groups of criminally punishable acts. The general forensic technique, thus, is realized through certain techniques. It produces the most effective ways to use the recommendations in accordance with the characteristics of acts of one type or another. The methodology is based on the provision that each crime is characterized by individual traits. At the same time they do not exclude, but, on the contrary, assume the existence of a multitude of unifying signs of acts of one category. Accordingly, there are common approaches to the investigation of typical crimes.
: Specialists distinguish the following tasks of forensic methodology :
- Providing assistance to law enforcement agencies in the detection and suppression of unlawful acts.
- Analysis of the characteristics of certain types of violations.
- Study and generalization of the experience of disclosure and suppression of crimes of different categories.
- Development of scientifically grounded recommendations.
в частности) базируется на: Forensic science (forensic methodology in particular) is based on:
- The law. Normative regulation is carried out primarily by the Constitution. As the sectoral acts are the Criminal Code and the Code of Criminal Procedure, establishing the signs of acts, limits, the subject of proof , etc.
- Science. Forensic methodology uses the provisions of forensic psychology and medicine, technical, natural and other disciplines.
- The best experience of disclosing and suppressing acts.
отражает ключевые аспекты работы специалистов. The concept of forensic methodology reflects the key aspects of the work of specialists. Their activities are based on:
- Ensuring the legality of the disclosure of acts.
- Specificity of recommendations with their typical character.
- The availability of private techniques that correspond to various stages of work.
- Multivariate recommendations. They are developed taking into account typical cases of investigation.
- Ensuring the safety of participants in the process and other persons.
- Structural unity of private methods in relation to certain categories of deeds.
включает в себя два ключевых компонента. The system of forensic methodology includes two key components. The first contains theoretical foundations, fundamental principles. . The second includes private forensic techniques . They consist of recommendations intended for use in the disclosure of certain groups of acts.
They include the following components:
- как раздела науки. The concept of forensic methodology as a branch of science.
- The history of the emergence and development of discipline.
- Principles and functions.
- The concept and classification of private techniques.
All these elements serve as a basis for the development of model recommendations.
включает в себя комплексы научных концепций и рекомендаций по организации и проведению раскрытия и предупреждения отдельных категорий деяний. The structure of the criminalistics methodology includes complexes of scientific concepts and recommendations on the organization and conduct of disclosure and prevention of certain categories of acts. They are sections of typified techniques that summarize all the materials typical of the majority of violations of a particular group.
выделяются по разным критериям. Types of forensic techniques are distinguished by different criteria. Depending on the category of the act, the approaches to the disclosure of murders, thefts, infringements of sexual inviolability, robbery, fraud and other violations, the composition of which is provided for by the Special Part of the Criminal Code, are distinguished according to the criminal law. According to the subject composition, the methods of investigating acts committed by minors, mentally ill, recidivists, persons who are in places of serving punishment, foreign citizens are singled out. Depending on the time of the incident, there are different approaches to the disclosure of events in the hot pursuit, of past years. In accordance with the place and circumstances of the crime, methods for investigating acts committed in extreme climatic or industrial and territorial conditions (at weather stations, in remote wintering areas, etc.), in rural areas, in transport, in the city, in resort areas are singled out. According to the victim's personality, there are different approaches to the disclosure of encroachments on foreigners, subjects suffering from mental disorders. Depending on the number of covered groups of crimes, the signs of their composition are provided for by the Criminal Code, they identify specific methods used to investigate certain types of acts (for example, murders) and complex methods of two or more categories of related violations (for example, robbery and robbery). In their scope, approaches are divided into complete and reduced. The first are focused on the whole process of disclosing the act, the latter are used at any stage of it.
Components of the private methodology
Any approach used to disclose a specific group of acts includes several mandatory elements. содержит: The forensic methodology of the investigation contains:
- Characteristics of the type of encroachment and circumstances that need to be established.
- Specificity of the initiation of production and planning of the initial and subsequent stages of investigation.
- Features of the first and further investigative measures.
- Specifics of staff interaction. In particular, we have in mind the peculiarities of the relationship between the investigator, operational and other law enforcement officers.
- Specifics of using the help of the media and the public.
Characteristics of encroachments
выстраивается в зависимости от признаков, присущих конкретной категории деяний. Forensic methods of investigation are built according to the characteristics inherent in a particular category of deeds. The characterization of the encroachment includes information on:
- Typical methods of committing and ways of concealing traces.
- Personality of the "typical" offender and the victim.
- The general circumstances of the act (situation, place, time).
- Typical conditions that have become prerequisites for committing an assault.
The practical significance of the characteristic is that the information about the individual components of the act allows the employee with a high probability of establishing unknown elements, based on knowledge of the unifying characteristics. In accordance with this, forensic tactics are chosen . раскрытия основывается на наиболее обоснованных типичных версиях по конкретному событию данной категории. The disclosure method is based on the most reasonable typical versions for a specific event of this category.
The facts that are to be determined by specific groups of cases are determined in accordance with the characteristics of the formulations present in the Criminal Code, as well as scientific concepts about the limits and the subject of proof. направлена на выявление: Criminalistic methods of investigating crimes are aimed at identifying:
- Developments. In particular, the method, time, place and other circumstances is established.
- Culpability of the citizen in encroachment, his motives.
- Factors that affect the nature and extent of responsibility, other characteristics characterizing the identity of the suspect.
- Circumstances that contributed to the commission of the deed and the concealment of traces.
- The size and nature of the damage.
Excitation of production and planning of actions
предполагает определение наиболее рациональной и эффективной последовательности выполнения следственных, оперативно-розыскных и прочих мероприятий. The methodology of forensic research involves the definition of the most rational and effective sequence of investigative, operational-search and other activities. This takes into account different typical situations and versions at each stage. At the initial stage, the general circumstances for most of the acts are:
- Uncertainty of the person responsible.
- Detention of a suspect in the act.
- The commencement of production according to the information revealed during the operational-search activities.
- A confession was issued.
- The case is opened according to official materials.
Initial and further actions
предполагает разделение процесса раскрытия деяния на определенные этапы. Forensic methodology involves the separation of the disclosure of the act at certain stages. It, in turn, predetermines the sequence of execution of investigative measures and the allocation of initial and further actions. All of them solve specific tasks in the investigation. Initial actions contribute to:
- Verify the versions of the event.
- To understand the facts that are subject to study.
- The collection and consolidation of evidence, which for some reason could be lost.
- Taking measures to detain a suspect.
- Implementation of measures to compensate for damage caused by an unlawful act.
Actions that are carried out at the next stages are oriented towards the further collection, study, verification and evaluation of the evidence obtained.
эффективна в том случае, когда работа служащих согласована по целям, строго соответствует компетенции и находится под контролем руководства. Forensic methodology is effective when the work of employees is coordinated by purpose, strictly consistent with the competence and is under the control of management. The legal basis for intra-departmental cooperation is the Criminal Procedure Code, the Federal Law "On Operational Activities", "On the Prosecutor's Office", "On the Federal Security Service", "On the Federal Tax Service" and other federal laws, as well as instructions and orders of the Prosecutor General, departmental legal acts regulating the organization of investigative activities .
Principles of employee relations
Employees of different departments carry out their activities:
- In strict accordance with the law.
- If the competence is observed against the background of the leading role of the investigator in the process of organization of interaction and independent selection of funds by other participants.
- In accordance with the plan.
Subjects of interaction are the bodies and employees of inquiry, preliminary investigation, other law enforcement agencies, the prosecutor's office, the FCS, the FSB, the border guard service as well. In addition, in the process of disclosing the act, specialized inspections can participate. For example, it may be the traffic police department, the Municipal Service.
Forms of interaction
предполагает определенные процессуальные и непроцессуальные действия. Any forensic technique involves certain procedural and non-procedural actions. The first include:
- Execution by investigators of instructions and instructions of the investigator on the implementation of search and other operational measures.
- Participation of a specialist in the process.
- Assisting the investigator with an inquiry agency in the performance of certain activities.
- Conduct on the instructions of an authorized employee forensic examination.
Non-procedural actions include:
- Joint planning of the disclosure of the act as a whole or specific activities.
- Formation of operational groups and participation in their work.
- Systematic exchange of information received by subjects of interaction.
- Discussion of the process and results of criminal proceedings.
включает в себя разные рекомендации относительно процесса раскрытия деяний. Forensic methodology includes various recommendations regarding the disclosure of acts. In many cases, public assistance is used to improve the effectiveness of law enforcement. These or other actions of the population are an additional tool to accelerate the investigation. Various means are used to attract the public. The most popular are:
- Speeches to citizens with information about the investigated action with a request to provide all the information known in the case. As a rule, information is provided at meetings of microdistricts, rural gatherings, at enterprises.
- Speeches in the media. In particular, local television, radio channels and printed publications are involved.
- Showing photos or fotobookov of wanted citizens on television, posting ads with information about external signs of persons.
When the public is involved in the investigation, the investigator must be guided by certain principles:
- The population provides assistance only voluntarily.
- The investigator ensures the confidentiality of these preliminary activities.
- Representatives of the public participating in the disclosure of the act are guaranteed security.
- Citizens do not have the right to carry out independent actions without informing the investigator.
The disclosure of murders
Intentional attacks on a person's life are considered serious crimes. They pose a great danger to society. This is especially true of the so-called contract killings. As one of the signs of the criminalistic characterization of these crimes, information is provided on the methods of their commission and concealment of traces. Techniques can be very diverse. For example, murders are committed with the use of weapons, by poisoning, strangulation, etc. At the same time, criminals try to destroy the tracks, hiding the corpse or its parts, transferring the body to another place, dismembering or disfiguring the victim, and so on.
The use of one or another way of committing an act causes the emergence of a complex of typical traces. Among them, the corpse of the victim, the means and tools of encroachment, traces of the attacker's presence at the scene of the murder, blood particles, etc., are primarily attributed to them. Usually such criminals are dissolute, bold, cynical. They are prone to drinking alcohol. As for the victims, they often provoke encroachment by their own actions. For example, citizens on the basis of drunkenness enter into fights with others, to some extent are connected with the underworld. Of course, as a victim can act and quite respectable people. Information on the circumstances of the commission of a crime, in particular such as the place, conditions, time of the incident, allows us to formulate versions of the mechanism of encroachment in general, the guilty and its possible accomplices.
In the process of investigating murders, the investigator must establish a number of circumstances. In particular, he needs to answer the following questions:
- Was there a murder committed? What is the cause of the death of a citizen?
- Where, when, in what way and under what conditions was the assault committed?
- Who is guilty of murder, what characteristics does the attacker have?
- In the case of a crime by a group of people, what is the role of each subject?
- Are there circumstances that can soften or tighten criminal penalties?
- Who acts as a victim? What characteristics does he have?
- What are the signs and magnitude of the damage caused by the crime?
- What were the motives and goals of the killer? For example, it can be self-interest, revenge, jealousy.
- What factors contributed to the commission of the crime?
They are conducted in accordance with the tactical conditions and techniques discussed above. This takes into account the specificity of a particular act. The initial investigative actions carried out in the disclosure of murders are:
- Interrogation of witnesses / eyewitnesses.
- Appointment of forensic medical examination (examination).
As a rule, the initial action is to examine the place of the murder and the corpse. In the process of the survey, there may be signs that will allow answering such questions:
- Is the event a crime?
- Is there a place for the victim to be found the place of the murder? If not, then there are signs that you can determine where it was committed.
- Who was killed when and when?
- How many intruders were present at the event? How did they enter and leave the crime scene?
- What means and means of murder? What measures have been taken to conceal the traces?
- What did the attacker leave at the scene? What traces can remain on his shoes, clothes, body, crime tools, vehicle?
- What information indicates the identity of the attacker and his motives?
- From what place could you hear or see what was happening?
An external examination of the corpse is performed with the obligatory participation of a forensic expert. During the examination, the time, place and method of causing death are established. The survey also allows you to determine whether the criminals moved the corpse or not.