Peculiarities of the specialist's participation in the search during the investigation of appropriation, waste of property or its possession by abuse of official position

Abstract

The procedural and organizational-tactical bases of the involvement of a specialist in a search in criminal proceedings on the appropriation, embezzlement of property or taking possession of it by abuse of official position are investigated. Data from official statistics testify to the low quality of investigations into official embezzlement in Ukraine. The main subjects investigating the criminal offense provided for in Article 191 of the Criminal Code of Ukraine are investigators of the National Police. Accordingly, a forensic specialist of the National Police or a forensic expert of the Expert Service of the Ministry of Internal Affairs is most often involved in the search in such criminal proceedings. Emphasis is placed on the mandatory participation of a specialist during the search in the investigation of official embezzlement with the aim of continuous video recording of its progress in the event that witnesses cannot participate. The factors that are guided by the investigator when determining which specialist should be involved in the search are highlighted. It was concluded that in the studied category of criminal proceedings, it is advisable to involve specialists from various fields in the search, whose functions will depend on the stages of the investigative (search) action. The joint actions of the investigator and the specialist at the preparatory, working and final stages of the search are revealed. The recommendation to involve in the search the specialist who participated in the previous procedural actions was supported. Proposals have been made to engage relevant specialists to inspect computer equipment and extract electronic (digital) information. The procedure for removing electronic (digital) information at the scene of a search in criminal proceedings on the appropriation, waste of property or possession of it by abuse of official position has been revealed. It was emphasized that in criminal proceedings under Article 191 of the Criminal Code of Ukraine, specialists during a search: use scientific and technical means to identify certain objects, their hiding places; recognize the essence of objects, things, documents, examine them beforehand; provide consultation and reference assistance regarding the collection of evidence, the appointment of examinations for the identified objects; technical means are used to record the progress and results of the search.