The person of the victim as an element of the criminal characteristics of criminal offenses committed with the use of information technologies

Abstract

The article considers the victim's identity as an element of forensic characterization of criminal offenses committed using information technologies. The article provides data on judicial statistics concerning victims and material and moral damage caused from criminal offenses provided for in Section XVI of the Criminal Code of Ukraine during 2021-2022. It is indicated about the procedural features of the status of an injured person provided for in articles 55-57 of the Criminal Procedure Code of Ukraine. The provisions of regulatory acts concerning compensation for damage to victims are analyzed. It is proposed to adopt a separate law that would regulate the grounds, conditions, mechanism and sources of payment of state funds to victims. It is also proposed to create a fund for compensation at the expense of the state for material and moral damage, including for cybercrime (criminal offenses committed using information technologies). Taking into account the specifics of the commission of these criminal offenses, namely, the fact that they are committed remotely and using information technologies (personal computer, laptop, tablet, smartphone, etc.), which in modern conditions are intensively developing, the characteristic features of the victim's personality in these illegal acts are highlighted: 1) Age; 2) use of the operating system and awareness of the person in the use of Information Technologies; 3) location of the victim; 4) nature of the damage caused; 5) social status (status) of the victim. Attention is drawn to the special importance of finding out the age of the victim's identity. It is noted that there is a certain category of these criminal offenses committed against the elderly; another category against minors. It is stated that information about the identity of the victim plays a significant role in the investigation of criminal offenses committed using information technologies. Understanding and analyzing such information, the investigator, Inquirer, and prosecutor can put forward appropriate versions of the investigation, which will contribute to the rapid and effective pre-trial investigation of these illegal acts.