Forensic Disinformation as a Tactical and Forensic Means of Detecting and Solving Corruption Criminal Offenses

Abstract

The article purpose is to study the peculiarities of implementing forensic disinformation as a tactical and forensic means for detecting and solving corruption criminal offenses. To achieve this goal, formal-logical and system-structural methods were used. Article 45 of the Criminal Code of Ukraine distinguishes two groups of corruption criminal offenses, during the detection and disclosure of which suspects (accused) provide false information about the method of preparation, commission or concealment of their criminal activity. The essence of criminal and forensic disinformation is compared. The author examines the practice of the US Supreme Court regarding the legality of using disinformation by police officers in identifying racketeers and corrupt organizations. The author substantiates the moral grounds for the use of forensic disinformation. It is noted that the legend remains an effective and classical means of its implementation, and the most common form is the tactical operation “staging”. The author distinguishes between the features of forensic and criminal staging. It is noted that forensic staging (as opposed to criminal staging) is a legitimate and constructive means of safeguarding and protecting the interests of an individual, society and the State from corruption criminal offenses. The author identifies the criteria for the use of forensic disinformation and defines its rules: 1) focus on the task; 2) validity, timeliness, mobility, efficiency, and flexibility; 3) compliance with the plan and the approved plan; 4) personnel, financial and logistical support; 5) situational validity, taking into account the personality of the offender; 6) creative approach with due regard for possible changes in the situation; 7) visualization.