Investigation Of Criminal Cases Research Articles

A new look at models of pre-trial investigation based on information technology support

Abstract. In the article, based on the current legislation, new views on models of pre-trial investigation are considered. The article contains theoretical proposals for optimization and rationalization of pre-trial investigation as the main stage of pre-trial investigation in the criminal process of Ukraine based on the changes taking place in the conditions of digital transformation of society. Methodological bases of modeling of pre-trial investigation in criminal cases include the following criteria (elements) of individualization of the model: goals and tasks of pre-trial investigation; his place in the organization of criminal justice; the initial moment of investigation in a criminal case; structural construction of pre-trial investigation; organizational and legal status of bodies and officials who carry out this activity. It is noted that the crisis phenomena in the modern pre-trial investigation in criminal cases are caused by circumstances that, in turn, determine the need for reform: the construction of the pre-trial investigation is not fully correlated with the historical development and the convergence trends of accusatory and adversarial types of criminal proceedings; there is no unified approach of the state and the scientific community to determine the optimal structure of pre-trial investigation in criminal cases, which corresponds not only to the possibility of resisting the modern criminalization of society, but also stimulates further self-improvement; organizational and procedural contradictions between its forms are observed in the pre-trial investigation; confusion of the functions of criminal prosecution, detection and investigation of crimes, resolution of a criminal case and judicial control; competition of investigative and adversarial grounds at this stage of investigation in a criminal case. The pre-trial investigation with its tasks of establishing the circumstances of the committed crime, the written registration of all the evidence collected because of investigative actions, forms the investigative model of the criminal process. The content of the investigative model is related to the fact that the modern pre-trial investigation is based on written document circulation. The investigator plays the leading role.

Peculiarities of commissions of forensic medical examinations in criminal cases related to crimes against sexual inviolability

The investigation of criminal cases related to sex crimes determines the range of circumstances to be immediately proved during investigations. Issues arising in the process of conducting such cases must be resolved as part of forensic medical examinations. Illegal acts of a sexual nature generally end in the violation of human health, not only physical with bodily harm but also psychological. During such examinations, specialists of various clinical specialties are included in the composition of expert commissions. These are specialists in the fields of obstetrics-gynecology, venereology, traumatology, psychiatry, and clinical psychology. During investigation and trial, important information can be provided by medical documents on the state of health of the victim, including the testimony of medical workers. Not only forensic medical experts who conducted examinations but also medical workers are called to court hearings as witnesses to incidents. This article analyzed the commissions of forensic medical examinations in a teenager harmed by violent sexual acts. The results of forensic medical examinations were analyzed. This article provides an expert observation of a victim of crimes against sexual inviolability that led to severe complications. During the investigation, the development of a mental disorder in the teenager was examined, and a forensic medical examination was performed. Psychological injuries are no less serious than physical ones. The body’s response to stress causes a pathological state of the psyche. Such a painful reaction can persist for many years. A prolonged depressive reaction due to an adaptation disorder arose in the victim after the unlawful actions committed against her with a direct causal relationship. When conducting forensic medical examinations related to illegal acts of a sexual nature, specialists in the fields of gynecology, traumatology, venereology, psychiatry, and clinical psychology must take part in the examinations.

АНАЛИЗ ДЕЯТЕЛЬНОСТИ ОРГАНОВ ДОЗНАНИЯ ГОСУДАРСТВЕННОГО ПОЖАРНОГО НАДЗОРА ФЕДЕРАЛЬНОЙ ПРОТИВОПОЖАРНОЙ СЛУЖБЫ ПО ОСУЩЕСТВЛЕНИЮ ДОЗНАНИЯ ПО ДЕЛАМ О ПОЖАРАХ ЗА 2023 ГОД

The authors show the statistics of the work of the state fire supervision authorities of the EMERCOM of Russia for 2023. The article reflects statistics on the number of accepted reports of crimes, considered reports of crimes, on the number of criminal cases on fires under articles 168, 219 and 261 of the Criminal code of the Russian Federation. Data on the number of suspended criminal cases on fires, solved criminal cases on fires, the amount of property damage in fire cases in 2023 are shown. The authors show typical violations in the investigation of criminal cases on fires.

Особливості підготовки окремих видів судово-медичних експертиз

Abstract. The article analyzes the important aspects of conducting forensic medical examinations in the context of the investigation of criminal cases and other offenses. The author determines that according to the object of examination, forensic medical examination can be divided into the following types: forensic medical examination, forensic medical examination of living persons, forensic medical examination of material evidence. The article analyzes the processes associated with the examination of a corpse, including the extraction of various biological materials and their further analysis. The methods of determining the time of death, establishing the causes and circumstances of death, as well as identifying the corpse are also considered in detail. It has been established that the forensic medical examination of living persons is the most common type of examination. The article describes the purpose, task and procedure of forensic medical examinations for living persons, including the collection of biological samples for comparison, analysis of injuries and other signs of violence. It is emphasized that the forensic medical expert does not have the right to provide the legal qualification of the examined injuries in the report, this is the prerogative of the investigation and the court. The author demonstrates how such examinations can be used to investigate criminal offenses, establish patterns, and resolve legal issues. In addition, the article examines in detail the specifics of physical evidence examination, such as blood, saliva, semen, tissues, and other materials that may be important in the investigation of criminal offenses. Methods of collection, storage and analysis of such evidence are highlighted, as well as their role in solving criminal cases. Summarizing, the article reveals the key aspects of forensic medical examinations of a corpse, living persons and physical evidence, which are important for judicial practice and the investigation of offenses. It helps to understand the processes and methods used by experts to obtain objective and reliable information necessary for justice and the protection of public safety.

Уголовно-процессуальные проблемы применения меры уголовно-правового характера в виде судебного штрафа

The article discusses the shortcomings of the legal regulation of the preliminary investigation and termination of criminal cases with the appointment of a judicial fine. The authors believe that at the stage of preliminary investigation, the investigator/inquirer submits a petition to dismiss the case with the imposition of a court fine to the court is their right, not their obligation. Based on the analysis of scientific discussions and the results of a survey of investigators and prosecutors, the authors propose ways to improve the provisions of Chapter 51.1 of the Criminal Procedure Code of the Russian Federation in the form of strengthening prosecutorial supervision over the investigation of criminal cases subject to termination with the imposition of a judicial fine.

Opt-in or out? Public perspectives on forensic DNA kinship investigations within the Dutch-speaking community

Forensic DNA kinship investigation involves analyzing genetic relationships between individuals to offer new leads for solving (cold) cases. Familial DNA matching has become a valuable asset in criminal case investigations, especially when traditional DNA methods hit dead ends. However, concerns surrounding ethical and privacy implications raised questions about its implementation and acceptance among the general public. The present study investigated the public perspectives regarding forensic DNA kinship investigations among 1710 Dutch-speaking Belgians using an online cross-sectional survey. The questionnaire consisted of three categories, including personal information, DNA knowledge, and their opinion on several familial DNA searching and investigative genetic genealogy related questions. The participants' average DNA knowledge score was 71 %, indicating a relatively high level of understanding of DNA-related concepts. Remarkably, the study revealed that 92 % of the participants expressed willingness to cooperate as a volunteer in a forensic DNA kinship investigation, irrespective of their scientific background or educational level. Key factors influencing participation included assurance of painless sampling and robust privacy safeguards. Participants lacking familiarity with DNA hesitated more towards participating in forensic DNA analysis, referring to "the fear of the unknown". Despite ethical and privacy concerns, the highly positive attitude towards forensic DNA analysis reflects a level of empathy and willingness to contribute to the pursuit of justice. Nearly all participants (95 %) agreed to use online DNA databases for resolving violent crimes with forensic genetic genealogy, but half emphasized the need for prior informed consent, referring to the current “opt-in” system. The results underscore the need for stringent regulations and ethical oversight to ensure the responsible use of genetic data while striking a balance between public safety and the protection of individuals' privacy rights. These findings add to the growing body of evidence regarding the potential benefits of forensic DNA kinship matching as a tool in criminal investigations, suggesting its potential future utilization and legalization.

Exploring the Evolution and Contemporary Dynamics of Investigating Criminal Cases Against Minors

Since the enactment of the current Criminal Procedure Code of the Russian Federation, the effectiveness of investigating cases involving minors has gained considerable attention. This heightened relevance stems from the provisions of the 2001 Criminal Procedure Code, which expanded the scope of preliminary investigations for such cases to include inquiries, sparking lively debates among scholars. Currently, the question of determining jurisdiction for criminal cases involving juvenile offenders remains both theoretically and practically significant, necessitating further study. This article delves into the historical evolution of the investigation of criminal cases involving minors and examines its current state.

Law Enforcement of Single Traffic Accidents Causing Death and Injury of Passengers

The high number of accidents in Indonesia is one of the impacts of the lack of awareness of road users and road transportation providers in maintaining traffic order and road transportation security. Services that are safe, secure, orderly, smooth, and integrated with other modes of transportation can boost the national economy, advance public welfare, strengthen national unity, and be able to uphold the dignity of the nation. This study aims to analyze law enforcement by police officers in single traffic accidents that cause passengers to die and the responsibilities of drivers and the Otobus Company (PO) to victims. The method uses normative legal research with a statutory approach and the concept of law enforcement. The research shows that the maximum punishment imposed on the perpetrators of traffic crimes normatively can be explained by the relatively low maximum punishment ranging from one year to five years and until now the legal basis for capturing the perpetrators of traffic crimes still depends on the Criminal Code inherited from the Dutch Colonial Government. Law enforcement by police officers with the investigation and investigation of criminal cases in the case of a single accident experienced by the suspect on the toll road ensnares the Road Traffic and Transportation Law (LLAJ Law). Drivers and POs are responsible for victims by providing compensation to accident victims following the LLAJ Law by not removing or reducing criminal liability.

Issues of a criminal investigation of cases involving the use of fictitious invoices, the concept and structure of the forensic characteristics of fictitious invoicing

Relevance. Investigating criminal cases involving the use of fictitious invoices is a complex process that requires a high level of skill and professionalism from criminal law enforcement agencies.Purpose. The research aims to analyse the status of criminal investigations of cases involving the use of fictitious invoices and to identify the main obstacles to the prosecution of criminals for these crimes.Methodology. Historical, statistical, comparative, legal, analysis and synthesis were used.Results. The problematic issues of investigation of criminal cases related to the use of fictitious invoices, as well as the concept and structure of the forensic characteristics of the manufacture of fictitious invoices were considered in this research. The circumstances that prevent law enforcement agencies from effective work in the field of criminal prosecution of economic crimes, which are both objective impossibilities to bring the offender to justice and subjective perception of the necessity to investigate this category of cases, were revealed. The issues related to evidence in criminal cases involving the use of fictitious invoices and recommendations to optimise the investigation of such cases were also discussed. Objective barriers for the pre-trial authority in bringing the perpetrators to justice were identified and ways to eliminate them were suggested.Conclusions. The positions of Kazakhstani and world scientists on this and related issues were analysed. The shortcomings of the current legislation were highlighted and ways to address these shortcomings were suggested which, in turn, would increase the chances of pre-trial bodies to bring the perpetrators to justice and, at the same time, reduce the number of similar crimes. Overall, this article is a useful resource for legal, forensic, audit and accounting professionals who are involved in the investigation of criminal cases involving the use of fictitious invoices.

Экстремизм реальный и экстремизм формальный: некоторые проблемы правоприменительной практики

The article deals with the actual problems of preliminary investigation and judicial investigation in criminal cases of extremist orientation. The author notes some shortcomings in law enforcement related to the violation of reasonable terms of criminal proceedings, as well as partly with a formal approach to the formation and evaluation of evidence in criminal cases of extremism, which further negatively affects the implementation of the principles of justice and reasonableness in sentencing. The problems under study do not always have subjective reasons and may be related to gaps in domestic legislation.

The Art of Conjecture: A Window into the Heart

In 1561, Francesco Casoni published De arte, ac ratione in criminum causis disserendi, a dialogue that offered judges a rigorous method of investigation in criminal cases in which eyewitness testimony or a confession was lacking. Typically, in such cases, judges relied on their own personal arbitrium (discretion) in deciding whether to remand defendants to torture or sentence them to the gallows. Drawing not only on Aristotelian logic and classical rhetorical theory but also on the works of contemporary philosophers, Casoni used his dialogue to lay out a rigorous interpretative methodology. To Casoni, the careful elaboration of inferences, along with the proper use of loci, and a reasoned interpretation of signs (both natural signs and signs of conscience) enabled judges to read, through the opaque surfaces of the body, the interior states of those brought into their courts on suspicion of crimes—and to do so without resorting to torture.

Preliminary Investigation of Criminal Cases Under the Legislation of Russia and the Republic of Bulgaria: Comparative Legal Analysis

Preliminary Investigation of Criminal Cases Under the Legislation of Russia and the Republic of Bulgaria: Comparative Legal Analysis

Identification of Person Suspected of Committing a Cybercrime Using Wi-Fi Technologies

This article purpose is to investigate the issue of using Wi-Fi routers and information they contain during the investigation of cybercrimes committed using Wi-Fi technology as a method effective for identifying suspect person or group of persons and subsequently determining their location. For achieving this goal, general scientific and special scientific research methods were applied. Various methodical recommendations on the use of Wi-Fi routers for mobile device installation by means of forensic research have been developed. It is emphasized that in case of committing cybercrime using a Wi-Fi router, a professional and forensic expert can use technical information from the Wi-Fi router to identify the suspect’s mobile device by MAC address. Problematic issues of identifying signs of hiding digital traces during cybercrime commission a are considered. The procedure for obtaining access to Wi-Fi routers for the purpose of identifying suspect during inspection, search, seizure and investigation of cybercrimes is outlined. Data from Wi-Fi routers has been proven to not only help identify criminal suspects in cybercrime investigations: this method can be universal for identifying criminal suspects with incomplete data. The “electronic data” term was analyzed, special role of a specialist in the review of electronic data was noted, and it was proposed to change the current Criminal Procedural Code of Ukraine in terms of specialist participation in electronic data review on behalf of investigator, prosecutor, and investigator during a pre-trial investigation of criminal cases. misdemeanors The provisions and conclusions of the author’s research will be useful in investigative, investigative and forensic activities.

Actual Problems of the Application of Reference Standards in the Investigation of Criminal Cases of Timber Smuggling

The article points out the problems of reference norms and other norms that determine the presence of the corpus delicti. The author brings out the actual problems of reference norms of criminal law in the investigation of criminal cases related to illegal logging. The article contains an analysis of Government Decree No. 1730 of 29.12.2018 in the original version, Government Decree No. 1730 of 29.12.2018 (ed. of 18.12.2020) and Government Decree No. 273 of 08.05.2007 (latest edition) and conclusions based on this analysis.

Secondary traumatic stress disorder in police who handle sexual violence cases

Investigation of criminal cases involving officers who have experienced trauma, such as sexual violence against children, has the potential to experience Secondary Traumatic Stress Disorder (STSD). Secondary Traumatic Stress Disorder (STSD) is a stress disorder that can arise from interactions with someone who experienced a traumatic event. Secondary Traumatic Stress Disorder (STSD) can arise due to one of the triggers, namely emotional contagion, where empathy is often involved in handling cases involving women and children. The study examines the forms of emotional contagion, what factors can cause Secondary Traumatic Stress Disorder (STSD), and how to overcome or prevent the onset of Secondary Traumatic Stress Disorder (STSD). The study was conducted on four police officers who were investigators of sexual violence cases against children in the PPA Unit of Malang District Police. The research uses phenomenological qualitative methods with descriptive data results. Data collection was conducted through semi-structured interviews and processed using thematic analysis techniques—data analysis using coding interview results. Data validity using credibility tested, with triangulation techniques of data sources and member checking. This study found that forms of emotional contagion exist in investigators, such as pity, feel sorrow, sadness, crying, and anger. In addition, several symptoms shown by each subject lead to symptoms of Secondary Traumatic Stress Disorder (STSD), namely intrusive, arousal and avoidance symptoms. It was also found that there was a uniqueness in each subject in how to overcome the onset of Secondary Traumatic Stress Disorder (STSD). STSD in the police has the potential to affect the accuracy in investigating the cases they handle, which then affects law enforcement in the community
 
 KEY WORDS
 police officer; sexual violence; secondary traumatic stress disorderr
 
 Copyright ©2023. The Authors. Published by Psikoislamika: Jurnal Psikologi dan Psikologi Islam. This is an open access article under the CC BY NO SA. Link: Creative Commons — Attribution-NonCommercial-ShareAlike 4.0 International — CC BY-NC-SA 4.0

Protection of the Rights of Entrepreneurs: Transformation of Criminal Law to Implement the Potential of Russian Business

The potential of the business community directly affects the economic development and economic security of society. This question is especially relevant in connection with the global challenges that have arisen before the society. Implementation of business opportunities is significantly limited by illegal acts against business entities, the extent of which the statistical data indirectly helps to asses. In our legal system, the rights of entrepreneurs are comprehensively protected by legislation, which is confirmed by a large number of safeguards provided during the investigation of criminal cases and discussed in the article, as well as institutions and tools for protecting the rights of business entities. However, the business community still needs protection both from false entrepreneurs and from illegal actions of the personnel of the preliminary investigation bodies. Domestic legal science faces not only the issue of large-scale transformation of criminal law in order to realize the potential of Russian business — a qualitative change in criminal law will not be able to correct all existing problems of law enforcement in the absence of a detailed legal study of the prerequisites for the formation of entrepreneurship in Russia and the formation of law enforcement practices that it seems necessary to eradicate.The responsible role of business representatives is expressed in high-tech and generating economic benefits of entrepreneurial activity. At the same time, the rights of entrepreneurs need to be protected also from illegal actions of the officers of the preliminary investigation bodies. The problem under consideration and other problems identified in the work, along with statistical data, allow us to conclude that it is important to organize protection of the rights of business entities during the investigation of crimes to ensure the economic security of the state, a stable economy and business environment.

Construction and evaluation of in-house methylation-sensitive SNaPshot system and three classification prediction models for identifying the tissue origin of body fluid.

The identification of tissue origin of body fluid can provide clues and evidence for criminal case investigations. To establish an efficient method for identifying body fluid in forensic cases, eight novel body fluid-specific DNA methylation markers were selected in this study, and a multiplex singlebase extension reaction (SNaPshot) system for these markers was constructed for the identification of five common body fluids (venous blood, saliva, menstrual blood, vaginal fluid, and semen). The results indicated that the in-house system showed good species specificity, sensitivity, and ability to identify mixed biological samples. At the same time, an artificial body fluid prediction model and two machine learning prediction models based on the support vector machine (SVM) and random forest (RF) algorithms were constructed using previous research data, and these models were validated using the detection data obtained in this study (n=95). The accuracy of the prediction model based on experience was 95.79%; the prediction accuracy of the SVM prediction model was 100.00% for four kinds of body fluids except saliva (96.84%); and the prediction accuracy of the RF prediction model was 100.00% for all five kinds of body fluids. In conclusion, the in-house SNaPshot system and RF prediction model could achieve accurate tissue origin identification of body fluids.

Visual Information and Its Research in the Trial of Criminal Cases

The article presents the author’s view of the development of the trend connected with the research of visual information, which is a part of the theory of the judicial investigation of crimes. There is an urgent necessity to reconsider the traditional methodological approaches and combine them with latest achievements in various spheres of the humanities and natural sciences. Cognitivistics is recognized as one of such trends that is potentially ready to be adapted for the sphere of criminal law sciences. The author stresses that the results obtained by cognitive sciences could, after necessary research, be successfully used to develop recommendations on working with judiciary information. It is claimed that a wide spread of digital technologies enabling the creation of a retrospective visual picture of criminal events requires paying special attention to the specific features of researching visual information in court. It is necessary to focus not on the technical-criminalistic support of preserving such information, but on the development of tactical means and technologies that will allow us to analyze its influence on the results of evidentiary activities of the professional participants of the judiciary investigation of criminal cases. This encompasses the strategic and tactical basis of representing visual information as well as taking into account the correlation between the specifics of its perception and the passing of judgements that acquire the force of a judicial decision. The correlation between and the differentiation of visual perception and visuality are viewed as important. The result of investigating visual information is the reconstructed visual image of a crime. The latter will make it possible to predict the content of the final decision on a criminal case. However, it could also be characterized by inconsistency due to biased interpretations of visual information. As the sources of visual information are not common enough in criminal court proceedings in Russia, the issues of their presentation in court have not been properly studied and require a critical scientific analysis. The author supports the opinions of foreign colleagues who stress not only the evidently positive features of using visual sources as proof, but also the obviously negative ones, which challenge both the effectiveness and accuracy of the process of proof, and the reliability of visual information. The author argues for the following claim: visual information does reflect reality, it shapes it by creating not the «artifact of the past», but the «artifact of the present». Due to this, several key problems are singled out, which are connected with providing proof in criminal procee­dings through the demonstration of various sources of visual information.

Entomology beyond research and education: 2022 student debates.

The 2022 student debates of the Entomological Society of America (ESA) happened during the Joint Annual Meeting of the Entomological Societies of America, Canada, and British Columbia in Vancouver, BC, and addressed entomological aspects beyond research and education. The Student Debates Subcommittee of the ESA Student Affairs Committee and the participating student team members communicated for 8 months and prepared for the debates. The theme of the ESA meeting in 2022 was "Entomology as inspiration: Insects through art, science, and culture". There were 2 unbiased speakers who introduced the debate topics as well as 4 teams who debated the following 2 topics: (i) Is forensic entomology viable in criminal case investigations and court cases today? and (ii) Are insects being treated ethically in scientific research? The teams prepared for about 8 months, debated their arguments, and shared their thoughts with the audience. The teams were judged by a panel and the winners were recognized at the ESA Student Awards Session during the annual meeting.

Facial Recognition using Locality Preserving Projection Algorithm

Facial Recognition Technology (FRT) has become the research object of many in the recent times considering the challenges with enormous increase in human population. The face as the main axis in social relations plays an important role in the representation of human identity, which requires an increased level of security and the creation of exchange tricks for safe and recognizable evidence and innovations of individual authentication. Apparently, facial recognition is widely adopted for security reasons, and the uniqueness of human characteristics has increased the popularity of facial recognition technology systems worldwide. Law enforcement agencies faced the problem of the impossibility of proper investigation of criminal cases. Suspects are often difficult to catch and the wrong persons may be arrested due to the basis and methods adopted for the investigation. This study proposes a facial recognition system for the identification of criminals using Locality Preserving Projection (LPP) Algorithm. The development of the system involves specification of the functions resulting from the performance analysis obtained from other related systems, and the translation of the developed model into the design of the proposed system. The framework was evaluated by matching the faces of people extracted through special cameras with the images of people on a watch list. Watch lists that contain images of people, including people not suspected of wrong doings. Strategically, the implementation of the facial recognition system was achieved with Locality Preserving Projection (LPP) Algorithm to improve the feature extraction methods and dimensionality reduction techniques. Cascading Style Sheets (CSS) was used for describing the presentation of the document written in HTML language and JavaScript for the front-end for optimum web compatibility. A Python binding of the cross-platform Qt GUI toolkit and Python plugin were used to implement the graphical user interface for detecting and recognizing images and the presence of an individual upon entering the database library. Interestingly, the developed framework recorded accuracy and recognition >95% capacity under normal conditions, including lighting and distance from camera and at a reasonably cheaper cost in comparison with previously proposed Facial Recognition Technology