Investigation Of Criminal Cases Research Articles

FEATURES OF THE INVESTIGATION OF CRIMINAL CASES OF TERRORISM

The article is devoted to the consideration of the procedure for investigating crimes of a terrorist nature, identifying the features of conducting both individual investigative actions at various stages of the preliminary investigation, and their complex, as well as carrying out the necessary operational-search measures. When describing the procedure for carrying out the necessary investigative and other procedural actions based on the materials of the audit, as well as during the preliminary investigation in criminal cases of a terrorist orientation, the author analyzes the norms of the current Criminal Procedure Code of the Russian Federation and investigative practice. The criminal procedural problems arising in the investigation of crimes of this category are singled out, as well as the author's proposals for their solution. The content of the article has a practical orientation. The article uses the legal provisions of various legal sciences: criminal procedure, criminalistics, the theory of operational-search activity. When writing the article, empirical and theoretical methods of cognition were used, such as analysis, synthesis, observation, and others, general scientific and special methods. The scientific novelty of the article lies in the fact that the author, based on the study and analysis of investigative practice in the investigation of criminal cases of a terrorist orientation by the Federal Security Service of the Russian Federation, highlights the investigative-tactical and criminal procedural features of the preliminary investigation in criminal cases of a terrorist orientation. They can be applied both during the investigation as a whole, and in terms of tactics, procedural order, and the production of individual investigative actions. The problems arising at the practical level during the investigation of these criminal cases are indicated. In the article, the author draws attention to the fact that for effective, high-quality and quick investigation of criminal cases of this category, investigators need to carefully plan the investigation of both the criminal case as a whole and individual investigative and other procedural actions. The author also emphasizes the role of the investigator in assessing the materials of the pre-investigation check and in carrying out certain investigative actions at the initial stage of the investigation. Based on the study of practice, specific recommendations have been developed for choosing the optimal solution to emerging problems.

KAJIAN TUGAS DAN FUNGSI POLRI DALAM PENEGAKAN HUKUM

The National Police as an institution and part of the chess dynasty of law enforcement is an institution that has an important and strategic role in the law enforcement process. Through the organization and the processes that take place in it, society accepts the embodiment of legal goals. Justice, for example, is no longer an abstract concept, but is actually given to members of the community in the form of ratification of certain actions. Legal certainty is realized through judges' decisions which reject vigilante acts committed by community members. Order and security become something real through police actions organized by the Police agency.The role of legal regulations is quite large in relation to the implementation of the regulations carried out by law enforcers. In a tone that may be a bit extreme, it can be said that the success or failure of law enforcers in carrying out their duties has actually started since the legal regulations that must be implemented are made. With the increase in increasingly sophisticated technology in the field of public security and safety, Police agencies can now rely on computer-operated devices to record and examine various matters relating to public order and crime more accurately and precisely. Investigation of criminal cases and violations that have become real/factual threats (AF) is the duty and responsibility of the police to the community in the field of law enforcement. So that the investigation process carried out by the police does not violate the law and human rights, there are three important principles that must be upheld and adhered to by every police officer, namely: the principle of presumption of innocence, the right to be tried fairly and respect for the dignity and privacy of everyone

Reliability assessment of digital forensic investigations in the Norwegian police

This case study presents a qualitative assessment of the reliability of digital forensic investigation in criminal cases in Norway. A reliability validation methodology based on international digital forensic standards was designed to assess to what extent those standards are implemented and followed by law enforcement in their casework. 124 reports related to the acquisition, examination, and analysis of three types of digital data sources - computers, mobile phones, and storage devices were examined. The reports were extracted from the criminal case management system used by the police and prosecution services. The reports were examined on technology, method, and application level in order to assess the reliability of digital evidence for criminal proceedings.The study found that digital forensic investigation in 21 randomly sampled criminal cases in Norway were insufficiently documented to assess the reliability of the digital evidence. It was not possible to trace the digital forensic actions performed on each item or link the digital evidence to its source. None of the cases were shown to comply with digital forensic methodology, justify the methods and tools used, or validate tool results and error rates.

ДОСТОВЕРНОСТЬ РЕПРОДУКТИВНОГО ВЫСКАЗЫВАНИЯ-ОСКОРБЛЕНИЯ (НА МАТЕРИАЛЕ ПРОТОКОЛОВ ДОПРОСА)

Statement of the problem. The problem of the exact presentation of the invective statement and the corresponding communicative situation arises in the investigation of criminal cases of insult. The article outlines the main theoretical approaches to the analysis of the reliability of the speech “traces” identified during the interrogation. In addition, the authors conduct a comparative linguistic analysis of the relayed invective statements recorded in the protocol of interrogation, proving the hypothesis of their isomorphism. Based on the generalization of interdisciplinary, linguistic-legal experience, a position is formulated on the relative reliability of knowledge about secondary invective statements. The purpose of the article is the terminological and functional clarification of the concept of “reliability of secondary invective statements in the protocol of interrogation” in line with the formation of a canonical idea of a secondary invective statement. The research methodology is formed by theoretical ideas on the reliability of knowledge obtained in relation to the object under study, the position of semantic and constructive syntax, as well as the theory of speech genres. As a research material, protocols of interrogations in criminal cases on insult in 2013–2022 are used. As a result of the study, a single structure of secondary invective statements (in formal, semantic, pragmatic aspects) was revealed, an algorithm for their analysis was proposed, and the need for a linguistic-legal approach to the problem of verifying the reliability of secondary invective statements in interrogation protocols was substantiated. The author’s contribution is seen in the expansion of linguistic ideas about the accuracy and reliability of the transmission of invective statements by the interrogated. The results of the study can be used as the basis for a methodological development on the conduct of a forensic linguistic examination of the interrogation protocol as a source of information about the situation of insult.

Face photo-sketch synthesis based on multi-scale feature fusion

The synthesis of face sketches from real face photos and its inverse process have a wide range of applications, such as digital entertainment and assisting in the investigation of criminal cases. However, due to the significant discrepancies in texture between photos and sketches, the transformation between them is still a challenging problem. Recently, the methods based on generative adversarial nets (GANs) have shown encouraging results in the transformation between images, especially the transformation from photos to sketches. However, most of them produce different deformations or blur in the key components of the face, which affects the realism of the synthetic image. To address this challenge, we propose a novel face photo-sketch synthesis algorithm based on multi-scale feature fusion to improve the structural integrity and texture fidelity of the synthetic image. Firstly, an encoder is utilized to extract the multi-scale coding features of the input image. Then the bottom coding features are passed by a dilated convolution module and transmitted to the decoder for decoding. In the decoding process, the decoding features of different scales and the coding features of corresponding scales are concatenated in the channel dimension to obtain the multi-scale coding and decoding fusion features. Finally, the coding and decoding fusion features of different scales are further fused at the output of the decoder and the final synthesis result is generated through a convolution layer. By combining the features of different scales in the encoding and decoding processes in the channel dimension at the same time, we can maintain good image structure and texture details and generate realistic face sketch/photo images. We verify the effectiveness of the proposed method in several challenging datasets. The quantitative and qualitative evaluation shows that the proposed method is superior to other state-of-the-art methods in generating face sketches (or photos) with high visual quality.

A CRIMINAL TRIAL WITHOUT THE INSTITUTION OF PROSECUTION IS RIDICULOUS

Having expressed a sharply negative attitude to the judgments about the need to revive the protocol form of preparing materials and the elimination of the institutions of prosecution and preliminary investigation of criminal cases, the author justifies that without such institutions it is impossible to effectively confront the society of crime.

Возрастная психология несовершеннолетних как фактор, определяющий особенности предварительного расследования по уголовным делам с их участием

The age psychology of minors is considered as a factor determining the features of the preliminary investigation of criminal cases involving them.
 The article deals with issues related to the age psychology of minors, the object of which are the laws, patterns and trends of change in the human psyche, his behavior, life and personality throughout his life. At the same time, it is noted in the legal literature that most crimes committed by minors are due to age-related motivational specifics, committed on the basis of mischief, a misinterpreted sense of camaraderie and romance, the desire for self-affirmation, imitation of both adults and peers who enjoy authority.
 The behavioral basis of juvenile offenders is formed under the influence of a number of factors, knowledge of which can be important when making tactical and procedural decisions by an investigator during pre-trial proceedings in a criminal case.
 The behavior of adolescents is largely related to their age characteristics, which largely determine their behavior, which can be observed, including during the preliminary investigation of criminal cases involving them.
 Thus, knowledge of the peculiarities of age psychology can make it possible to determine the most effective measures of educational work aimed at correcting behavior, correcting and re-educating juvenile offenders. It is these goals that the legislator takes into account, establishing the specifics of the proceedings both in cases of crimes committed by minors and the regulation of investigative actions involving minor victims and witnesses.
 The peculiarities of the age psychology of minors must also be taken into account when choosing the tactics of investigative actions carried out with their participation, since this is one of the necessary conditions for achieving the goal of the investigative action and the preliminary investigation as a whole.

Development of Scientific Techniques in Investigation of Criminal Cases in India

Solving crime is a major task to the investigators and it is also considered as a serious business. Successful investigation as well as prosecutions contributes to public safety to a great extent by incapacitating violent criminals. In doing so, people build confidence in our criminal judicial system. Whenever, investigation fails, the offenders remain free and therefore, the public is at risk of harm by the offenders. Similarly if innocent person was arrested and convicted, it will be horrible injustice done to that person which causes reputation of criminal justice system. To solve this problem, it is the forensic science, which plays an important role in criminal investigation of crime cases. The scientific method of investigation helps the courts to reach at logical conclusion of an offence. Tremendous scientific and technological developments have been made in India during the last century and also intensified in the 21st century. The 20th century is often called as the age of science. Many scientific Institutions came into exist in India at the beginning of 20th Century and the flow is continued till now. Various scientific technologies such as fingerprinting, DNA profiling ,Narco-analysis, Polygraph, Brain Mapping, Electronic surveillance, Computer forensics etc. are being used by the investigating officers to bring out the real facts of the case. At present, the Government has created a lot of forensic facilities for the disposal of cases in timely manner through scientific investigation. This paper aims to explore the use of scientific and modern technologies in criminal investigation and how it helps to keep law and order in our society. It also discusses the problems in investigation, contemporary sciences and the essentialities of forensics in India.

LEGAL REGULATION OF INVESTIGATIVE ACTIONS USING VIDEO CONFERENCING ACCORDING TO THE CURRENT CODE OFCRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION

Abstract: the article examines the problems of legal regulation and practical con‐ duct of interrogation, confrontation and identification using video confe‐ rencing to optimize evidentiary activities at the stage of preliminary in‐ vestigation. A comparative analysis of remote actions in pre‐trial and judicial domestic criminal proceedings is carried out. The necessity of ex‐ panding the use of the capabilities of modern information and telecom‐ munication technologies at the stages of initiation of a criminal case and preliminary investigation is substantiated. The detailed procedure for remote interrogation, confrontation and presentation for identification in pre‐trial proceedings is presented. The corresponding formulations of amendments to the current Code of Criminal Procedure of the Russian Federation are proposed, which allowed to justify the updating of the updating of the criminal procedure form in relation to the procedure for the formation of evidence. It is concluded that conducting remote inves‐ tigative and other procedural actions contributes to procedural economy, compliance with reasonable deadlines in the investigation of criminal cases and contributes to improving the level of information competence of relevant authorities and officials.

Specific Tactics of Obtaining Criminalistically Significant Information at the Initial Stage of Investigating Thefts of Oil and Petroleum Products During Their Storage and Transportation

Under the current legislation, the investigator is responsible for investigating and solving all cases in progress. A high-quality comprehensive investigation of criminal cases connected with theft of oil and petroleum products makes it possible to fulfil these duties successfully. The establishment of the guilt of a person in the process of proving during the investigation of theft of oil and petroleum products, which belong to the category of grave crimes, presents certain difficulties connected with the specific features of such crimes. If a tactically correct sequence of investigative actions is chosen at the initial stage of investigation, the investigator may get a considerable amount of relevant criminalistic information, that will further make it possible to achieve the goal of the investigation in the form of criminal prosecution against the guilty person. The author examines some specific features of the tactics of investigative actions at the initial stage of investigating thefts of oil and petroleum products during their storage and transportation at the fuel and energy enterprises. The author also presents recommendations on improving the tactics of investigative actions in the investigation of thefts of oil and petroleum products.

Criminal Procedural Code of the Russian Federation: evaluation of effectiveness and measures for its improvement

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

Criminological analysis of determinants of criminal behavior

This article analyzes the process of determination of criminal conduct. The authors argue that the reasons for criminal conduct are individual and can vary significantly on a case-by-case basis. Its dependence on both biological and social factors is stated. The combination of pathological heredity, social environment, political and economic factors can cause criminal behavior. At the same time, the psychological aspects of illegal acts are taken into account within almost all criminological theories to a greater or lesser extent. Criminal behavior is always demonstrated only by an individual and, above all, it is a manifestation of psychological deformities, expressed in the phenomenon of criminogenic contamination. Therefore, understanding its essence will better determine the nature of the warning influence. As a result, it is possible to answer several questions about the determination and nature of criminal behavior, the reasons for the commission of criminal offenses, the peculiarities of the functioning of the mental sphere, psychological problems, complexes, etc. This information helps to optimize methods of crime prevention, provide for further actions of serial criminals, help in the identification of offenders and the investigation of criminal cases.

Remote Participation of the Accused (Suspect) at the Preliminary Investigation Stage as an Alternative to the Criminal Proceedings Stay

The participation of the accused at the stage of preliminary investigation presupposes the possibility of exercising his right to defense. However, in cases of being in a territory significantly remote from the location of the preliminary investigation body, including outside Russia, the impossibility of personal participation in investigative and other procedural actions, one of the ways of interaction between the accused and law enforcement agencies may be remote participation through electronic interaction systems, and video conferencing. Draft laws on the amendment into the RF Criminal Procedure Code on conducting investigative actions through video-conference communication were pending at the State Duma of the Federal Assembly of the Russian Federation in 2015 and 2018, but were not finalized and adopted. The provisions of the Second Additional Protocol to the European Convention on Mutual Legal Assistance in Criminal Matters, providing for the simplification and acceleration of the procedure for providing mutual legal assistance in terms of the possibility of interrogating the accused (suspect) via videoconference, Russia, upon ratification of the protocol in 2019, did not allow to apply. In criminal cases of an economic nature, which reverberate in society and raise many questions about the activities of law enforcement agencies, large entrepreneurs often leave Russia, unable to remotely take part in investigative actions, present evidence in their defense, and get acquainted with procedural decisions in a criminal case. This leads to an increase in the number of suspended criminal cases, according to art. 208, part 1, clauses 1-3 of the Criminal Procedure Code of the Russian Federation. In 2019, the total number of economic criminal cases increased by 37% compared to 2018, while the number of suspended criminal cases under Art. 159 of the Criminal Code of the Russian Federation increased by 15.83%, under Art. 159.1-159.6 of the Criminal Code of the Russian Federation — by 86.93%. The relevance of the topic is also due to the coronavirus pandemic, which limited the freedom of movement of Russian citizens both within the country and abroad. In this regard, the use of video-conferencing in the investigation of criminal cases is becoming a vital necessity, the imperative of the times.

ON THE POSSIBILITIES OF INTEGRATING ARTIFICIAL INTELLIGENCE INTO CRIMINAL PROCEEDINGS

This article examines the possibilities of using machine-readable law technologies in criminal procedural legislation and criminal proceedings; the analysis of the Concept of development of technologies of machine-readable law is carried out in order to determine the possibility of applying its provisions in the context of criminal procedural law. According to the author, the development of the technology of machine-readable law sets the legislator the task of starting the process of adapting the norms of the criminal procedure law to their subsequent presentation in formal language. Legislative acts should be structured as much as possible, within the acts, norms are more clearly divided into certain categories and groups with the building of logical connections between them. The norms of legislative acts need to be formalized, their content should not have legal and linguistic uncertainties, normative conflicts and broad discretionary powers. The conclusion is made about the need for legal transformations, formalization of the norms of the Criminal Procedure Code of the Russian Federation, based on the principle of legal certainty. If the adaptation of legislation to machine-readable norms is the future in the development of science and the system of legal regulation of the state, then the use of digital technologies in criminal proceedings is a matter of the present. It seems that modern digital technologies are sufficiently developed to start developing an automated information system at the state level that meets the formal requirements of the Criminal Procedure Code, within the framework of which a preliminary investigation will be carried out. Moreover, we are talking not only about the «electronic criminal case» in its generally accepted understanding. The author proposes the creation of a comprehensive universal program that provides for the automated application of the ontology of machine-readable law (descriptions in the formal language of many objects in the field of law and the connections between them) in the investigation of criminal cases using the method of teaching artificial intelligence based on a large array of data (including data, constituting the empirical base of research, which was studied in the development of private methods for investigating certain types of crimes).

ЛИНГВИСТИЧЕСКАЯ КОРРЕЛЯЦИЯ ПЕРВИЧНОГО ТЕКСТА И ЕГО ВЕРБАЛЬНОЙ РЕПРОДУКЦИИ В ПРОТОКОЛЕ ДОПРОСА

Problem statement. The article deals with the problem of modern linguo-expert activity related to the use of interrogation protocols as a material carrier of negative-evaluative information about a person. The variability of expert views regarding the possibility of analyzing someone else’s speech in the interrogation protocol more and more often entails the lack of expert assessment of the materi-als of the preliminary investigation in criminal cases. The purpose of the study is to establish the nature of the relationship and the degree of approxi-mation of the primary and secondary texts, where the primary text is recorded on the phonogram, the secondary one is reproduced in the interrogation protocol from the words of the interrogated. The research methodology consists of theoretical approaches to the comparative analysis of the prototypical utterance and its secondary form. The material of the research is video and audio recordings of speech events of insult, as well as interrogation protocols, the descriptive part of which contains information about the recorded conflict speech. Research results. The study showed the maximum degree of formal-semantic affinity of the texts serving as the basis and their verbal reproductions, reflected in the interrogation protocols. The inter-rogation protocol also reproduces important paralinguistic characteristics of the voice of the person to whom the invective evaluative statements belong. Conclusions. The results obtained in the course of the study can be used in developing guidelines for experts involved in the analysis of speech material extracted from the interrogation protocol, as well as other indirect sources of information about expert objects. The proposed system of under-standing broadens understanding of secondary texts as objects of research within the framework of forensic linguistic expertise.

Features of forensic psychological examination in the investigation of criminal cases of crimes committed by minors

Features of forensic psychological examination in the investigation of criminal cases of crimes committed by minors

Issues and main optimization directions of unsolved crime investigation over past years

This article discusses one of the topical issues of forensic science, namely: investigation of unsolved crimes over past years and the state of this activity.
 The factors of such a situation and the social danger of the availability of array of unsolved crimes over past years are considered.
 Based on the analysis of investigative practice, opinions of scientists and practitioners, the main issues of this activity are identified and the main directions for its optimization are proposed in order to reduce the number of unsolved crimes over past years.
 Positive influence of time factor on disclosure and investigation of criminal cases of this category is considered. Modern possibilities in the investigation of crimes over past years and directions of their use are demonstrated.
 It is concluded that issue of disclosing and investigating unsolved crimes over past years is complex, therefore, its solution requires the same complex efforts.

GENESIS OF THE PROTOCOL FORM OF PRE-TRIAL INVESTIGATION IN THE CRIMINAL PROCEDURE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

The article discusses certain issues related to the protocol form of pre-trial investigation of criminalcases. A hypothesis is tested that defines protocol proceedings as a simplified (accelerated) form of pre-trialinvestigation used in criminal proceedings in the Republic of Kazakhstan. A comparative analysis of theprotocol form of pre-trial preparation of materials has been carried out. This form was in force in the 1959Criminal Procedure Code of the Kazakh Soviet Socialist Republic. The simplified procedure for pre-trialproceedings was introduced by the Criminal Procedure Code of the Republic of Kazakhstan in 1997.The accelerated procedure for pre-trial investigation has been in force in the criminal procedurelegislation of the Republic of Kazakhstan since 2014. The authors came to the conclusion that the protocolform is a full-fledged procedural production of the pre-trial investigation. This form practically does notcontain elements of simplification, and the introduced changes and additions have brought to naught theaccelerated procedure. This led to the fact that most of the cases are terminated due to violation of thetimeframe for the investigation.

Identification of sex from sternum bone and the role of C.T in sex estimation

Personal identification is a subtle perception and often one of the most significant priorities in the investigation of criminal cases, mass disasters and in forensic concerns. Sex determination is an important step in personal identification which can be done from bones examination either from their metric measurements or radiograph images especially in difficult identification as dismemberments, mutilations and explosions. In such cases the forensic examiner can depend on bone measurements. The best result of sex determination is achieved by accessing the entire skeleton, Skeletal remains traditionally used for gender identification (pelvis, long bones, and skull) are commonly restored in fragmented or states. When the entire skeleton is present, identification of age and sex can be done with 80% to 100% accuracy. The sternum is one of these bones which are being commonly used for sex identification either by direct measurement of dried sternum bones from dead bodies or indirect measurement of images taken from chest radiographs. Studies on sternal length for sex determination were done mostly on cadaveric dissections and recently some studies have utilized radiological measurements also

Некоторые вопросы внедрения высоких технологий в предварительное расследование уголовных дел

Investigation of criminal cases is a complex multi-stage structure with various procedural participants. In this article, we will focus on two issues that are, in our opinion, the most relevant: the timing of the preliminary inquiry and the safety of the evidence obtained. The criminal procedural legislation only fragmentarily provides for the use of high technologies, especially at the stage of preliminary inquiry. Often a criminal case includes thousands of pages of text, printed and kept in the office of the investigator. Making copies from paper is time consuming. Hand-printed and signed texts of protocols, specifications and other documents may be falsified or destroyed. The introduction of blockchain technology into the preliminary inquiry stage can resolve these important aspects.