Abstract
The conceptual ideas underlying the construction of forensic methodology of investigation of high-tech crimes are considered, the emergence and rapid spread of which is due to the digital revolution that has taken place in recent decades. For this group of criminal acts the system of forensic investigation techniques is described, presented in the form of two interrelated components (subsystems). Such components are criminalistic characteristics of high-tech crimes and criminalistic characteristics of their investigation. The composition of the main structural elements included in each of these subsystems is delineated. The structure of criminalistic characteristics, reflecting the totality of interrelations and interdependencies between these elements, is revealed. For the criminalistic characteristic of high-tech crimes, the sets of elements inherent both in all crimes and reflecting the peculiarities of certain groups of criminal acts are identified. The introduction of an additional optional set of elements characterizing the counteraction to the investigation is justified for the analyzed crimes. The composition of these elements is described, including, first of all, subjects of counteraction and ways of counteraction. In the case of a criminalistic characterization of crime investigation, the fundamental importance of periodization of criminalistic activity is shown. The specific features of this activity for the investigation of high-tech crimes, which determine the criminalistic characteristics of individual stages chronologically following each other, are considered. Such stages include the verification stage, preliminary investigation, trial, and the optional stage of resumption of proceedings due to new or newly discovered circumstances. The role of the situational approach is described, which ensures the identification of the structure and composition of the criminalistics characteristic of the investigation. As structural elements of the criminalistic characteristics of the investigation, the following are considered: criminalistic situations, determined criminalistic versions, criminalistic actions, forensic examinations, and the optional criminalistic methods of overcoming obstruction to investigation. The described concept is intended for the investigation of criminal acts included in the criminalistic group of high-tech crimes; its main provisions can also be used in the investigation of other crimes characterized by increased forensic complexity.
Published Version
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