Investigation Of Criminal Cases Research Articles

Evaluation of one-step RT-PCR multiplex assay for body fluid identification.

The discrimination of body fluid stains provides crucial evidence during the investigation of criminal cases. Previous studies have demonstrated the practical value of mRNA profiling in body fluid identification. Conventional strategy of mRNA profiling entails reverse transcription and PCR amplification in two separate procedures with different buffer systems. In this study, we subjected the one-step multiplex reverse transcription PCR strategy to mRNA profiling with the inclusion of the same 18 tissue-specific biomarkers in the F18plex system targeting peripheral blood, menstrual blood, vaginal secretion, saliva, semen, and urine. The Qiagen OneStep RT-PCR kit and Titanium One-Step RT-PCR kit were applied to multiplex construction, while reproducible profiling results were obtained with both kits. Compared to the F18plex system, similar expression profiles of biomarkers were obtained in targeted tissues, while expected cross-reaction was observed in non-targeted body fluids. However, CYP2B7P1 and SPINK5 were detected in menstrual blood samples, which was not observed using the F18plex system. Full-profiling results were obtained in all samples using 0.1 ng peripheral blood and semen RNA, and 1 ng menstrual blood, vaginal secretion, saliva, and urine RNA. In conclusion, the application of one-step mRNA profiling strategy could be a reliable and economical method for the simplified, specific, and simultaneous analysis of tissue-specific biomarkers for the discrimination of body fluid origin.

Criminal Proceedings: At the Intersection of Law and Economics

The paper demonstrates the connection between law and economics. The criminal procedure is considered from new positions of economic regulation. The main narrative of the work is the possibility and necessity of perceiving criminal proceedings as a system that exists not only according to the laws of jurisprudence. The importance of the synthesis of criminal procedural law and economics is dictated by the modern level of development of scientific knowledge, technologies and ideas. The traditional division of sciences is gradually giving way to complex, interdisciplinary research. The activity of subjects of criminal proceedings is no exception. The existing reality dictates: the investigation of criminal cases is a criminal procedural services provided by the investigation, prosecutor’s office and court on behalf of the state. Interaction with the consumers of these services in the person of citizens and the organization, the order and mechanism of cooperation of the competent authorities themselves with each other — this understanding makes the use of economic laws justified for the most effective criminal proceedings. The presented study makes it possible to re-evaluate the qualitative volume of criminal proceedings and offers a topical discourse on the role of seemingly completely different sciences in solving the problems of criminal justice. A distinctive feature of the work is the use of modern opinions, sources and materials in the preparation of the theses outlined in it.

Protection of Human Rights in the Criminal Procedure Legislation of the Republic Of Uzbekistan and Improved Reforms Taking Into Account Foreign Experience

In this article author had searched the questions devoted the protection of human rights in the criminal procedure legislation of the Republic of Uzbekistan and comparing with the legislation and worldwide experience of the foreign states.The article reveals the ongoing liberalization of the criminal law policy in the Republic of Uzbekistan, which is aimed at expanding human and fair norms, strengthening the protection of the rights, legitimate interests of a person andsociety. Against this background, the significance of investigative actions and the theory of evidence in the country's criminal procedural legislation is being revised.
 The development of science and technology leads to the improvement of methods of committing crimes using computer technology, taking into account which the timely disclosure and effective investigation of socially dangerous acts requires extensive use of mathematical tools and computer technologies.In this regard, changes are taking place in the investigative practice aimed at increasing knowledge in the field of computer technologies among law enforcement officials and increasing the responsibility of the personal of the investigative and judicial authorities in the implementation of their activities.The author emphasizes that despite significant restrictions on the rights and legitimate interests of a person in the conduct of investigative actions, all of them are necessary for obtaining sufficient evidence to expose the guilt of the offender, in the manner prescribed by law.Compliance by investigators, prosecutors and judges of all criminal procedural requirements established by the legislation of the country is a key requirement for the recognition of evidence as lawful and sufficient for a fair sentence.It should be noted that the article highlights that, since 1994, the Criminal Procedure Code of Uzbekistan enshrines the right to defense by involving a lawyer in the case from the moment a person is detained on suspicion of committing a crime, as well as the principle of equality of arms in criminal proceedings. An addition to the liberalization of legislation is the fact that now the courts are freed from such unusual functions as the execution of court decisions.In addition, the article expands on the author's proposals for improving the legislation of Uzbekistan, as well as expanding the power of lawyers, especially in the conduct of investigative actions, aimed at expanding the process of liberalization of criminal law in the country and improving the situation with the protection of human rights in the investigation of criminal cases.

Технологии электронного расследования и современный формат технико-криминалистического обеспечения расследования уголовных дел

The article considers the main aspects of the electronic criminal investigation technologies application from the point of view of modern legislation of Russia and foreign countries. In modern society, there is a continuous process of improving the means of transmitting information, developing and implementing new technical devices for its processing and storage. The rapid development of science and technology inevitably leads to the desire to regulate the relations that arise in this area from a legal point of view. Meanwhile, in the Russian legal science, the information space is defined through the unity of its two components: the technical one, which includes the communication and communication infrastructure, and the social one – the community of Internet users. In this regard, the normative regulation of this area justifiably causes objective difficulties. The development of high technologies leads to the most frequent use of a relatively new form of technical and forensic support for the investigation of criminal cases in the process of criminal investigation. In the modern practice of investigation, the traces left by criminals on various media due to the expansion of digitalization processes are becoming more and more important every year. Timely, systematic development of legal regulation of the use of electronic information technologies is recognized as the most important condition for the successful digitalization of criminal proceedings. Understanding the need for the introduction of electronic technologies in the investigation of a criminal case from the point of view of the informational and technological nature is necessary, since the criminal process should not be an exception within the framework of a single international information policy, and its technological effectiveness should be dominant.

Topical issues of crime detection and investigation of criminal cases:based on the results of the international seminar

Topical issues of crime detection and investigation of criminal cases:based on the results of the international seminar

The Concept of Lie and Its Identification in Criminal Proceedings

In today's Russian environment, special attention in the work of preliminary investigation agencies is paid to the development and implementation of the latest methods and techniques for countering criminal behaviour. Essential to the timely and rapid detection of a crime and to the objective and comprehensive investigation of criminal cases is the high professionalism of the staff of preliminary investigation agencies, as well as their skills and abilities in practical work, which are undoubtedly based on scientific research on ways to identify criminal acts, expose guilty persons and prevent them from evading punishment. One form of counteracting the investigation of a criminal case is the giving of false testimony by subjects of criminal proceedings during questioning and face-to-face confrontation. This paper presents the theoretical basis for the diagnosis of lies, reveals the concept of lies, its main types, tactical features of the recognition of lies in the production of individual investigative actions; it also considers the problem of evaluating the truthfulness of testimony taking into account the features of personality of a person.

КРИМИНАЛИСТИЧЕСКОЕ МЫШЛЕНИЕ СЛЕДОВАТЕЛЯ КАК ИНТЕЛЛЕКТУАЛЬНЫЙ ФАКТОР ЭФФЕКТИВНОСТИ ПРИ ПРОИЗВОДСТВЕ ОСМОТРА МЕСТА ПРОИСШЕСТВИЯ

The fight against crime in modern conditions of technical progress, requires from law-enforcement bodies of the Russian Federation not only considerable financial cost, physical and moral strength of the officials, carrying out disclosure and investigation of crimes, but also the tremendous intellectual scope of work to ensure the planning and organization of investigation of criminal cases. As shows the analysis of the investigative practice, in most cases, non-obvious crimes are difficult to investigate, the investigator here is experiencing not only a lack of guidance and evidential information about facts and results of an event, but also prone to superficial conclusions and stereotyped (typical) thinking. All this affects the quality and efficiency of the solution of tasks of criminal proceedings. The article attempts to consider the theoretical and methodological foundations of the intellectual support of the investigation of crimes. The author, based on existing scientific works and research by scientists in this field, offers a subjective approach to the concept, meaning and system of forensic thinking in the investigation of criminal cases. Particular attention is paid to the complex of elements that make up the forensic thinking system. The values and functions of the elements of the forensic thinking system are revealed, the particular tasks of each element are considered based on the informational conditions of the investigation. The article also highlights, according to the author, the key elements of the application of forensic thinking during the production of the inspection of the scene.

National-mental reasons for the origin of some kinds of latent crimes

The article discusses the content, types and causes of latent crime. The importance of national features in the emergence of certain types of latent crimes is discussed. Published under the editorship of U Tadzhikhanov[5], in the legal encyclopedia. the term “latency means crimes not identified and not reported to the state authorities carrying out the investigation of criminal cases. ” It means crimes which have not been identified and which have not been reported to the State authorities investigating criminal cases.

On the establishment of the Institute of translators in the investigation of criminal cases and in the proceedings on administrative offenses

On the establishment of the Institute of translators in the investigation of criminal cases and in the proceedings on administrative offenses

Specific Features of the Interpreters Participation in the International Cooperation in Criminal Matters

The author made an attempt to investigate the procedural status of the translator in the implementation of international cooperation in the field of criminal proceedings, as a result of which the author comes to the appropriate conclusions, which should be taken into account in practice in the investigation of criminal cases with a foreign element.

Legal regulation of the use of observation in the investigationof criminal cases in the statute of criminal proceedings of the Russian empire

Legal regulation of the use of observation in the investigationof criminal cases in the statute of criminal proceedings of the Russian empire

Преступления в сфере незаконного оборота наркотических средств, психотропных, сильнодействующих и ядовитых веществ: актуальные вопросы уголовной ответственности

We consider current issues related to the prosecution of persons guilty of committing crimes in the field of illegal circulation of narcotic drugs, psychotropic, potent and poisonous substances. We analyze the problematic moments that arise at the final stage of the investigation of criminal cases of this category, in particular, upon notification of the end of the preliminary investigation and at the stage of familiarization with the materials of the criminal case on crimes related to the illegal circulation of narcotic drugs and psychotropic substances. We pay attention to the gaps in modern legislation in the area under consideration, we have made suggestions for its im-provement.

Следователь и руководитель следственного органа: проблемы взаимодействия

The purpose of criminal proceedings is protection of rights and legitimate interests of physical entities and legal entities who became victims of crime. The effectiveness of criminal proceedings depends on activities of different offices and departments. Preliminary investigation body takes a special place among them. It implements the supervision of all the laborious process around criminal proceedings, starting from being instituted until passed to prosecutor who will direct it next to the court. Preliminary investigation body is mostly represented by both investigator and investigation body supervisor in the domestic criminal justice. According to the code of criminal procedure of Russian Federation, the investigator is an official authorized to conduct the preliminary investigation of criminal case, along with other authorities provided by the code. The investigation body supervisor is an official who leads relevant investigation division, as well as his deputy, both bearing a significant volume of procedural authorities. Implementing the law enforcement activities, these officials are in continuous interaction, which means help to each other and cooperation in investigating. Such an idyll between two significant characters of criminal justice is a guarantee of successful justice achievements. However, processual scientists and workers have been asking for last few years, how effective is cooperation between investigator and investigation body supervisor, and how does it affect one of the most important principle of criminal proceeding - the processual independence of investigator. Standards of contemporary Russian legislation make investigator dependent of legislation body supervisor, which affects his processual independence during preliminary investigation performed. According to all above, this research has its purpose in revealing and analyzing problems emerging in cooperation between investigator and investigation body supervisor, as well as searching ways to solve those problems.

Reflections on the Procedural Institute for the Promotion of Justicein the Investigation of Criminal Cases

Reflections on the Procedural Institute for the Promotion of Justicein the Investigation of Criminal Cases

PECULIARITIES OF INVESTIGATION OF CRIMINAL CASES ASSOCIATED WITH ARSONS

The article discusses some of the features of the investigation of criminal cases involving arson. Recommendations are given for the officers of the investigative-operational groups when planning further actions at the initial stage of the investigation of arson. The questions about the influence on the detection rate of the promptness of arrival to the place of the fire of the investigator (interrogator), about the features of collecting information at the place of the fire are touched upon. Obtaining information on the basis of special knowledge, allowing to formulate a search plan for the alleged offender and his criminological personality portrait. With the development of new technologies, for the efficiency of obtaining information from a specialist (expert) in the investigation of arson, it is necessary to use the technology of immersive telepresence (video presence). This allows for a better inspection of the crime scene in the absence of an expert (specialist) directly on the spot. The use of electronic databases and the use of modern means of communication also contribute to solving crimes related to arson hot on the trail.

FEATURES OF INTERVIEW OF ELDERLY PEOPLE

Relevance . The article considers current problems of a criminal procedural and forensic nature common for search and cognitive activities when dealong with older people with cognitive impairment. Successful developments in the field of medicine, an overall increase in the standard of living of the population, and the quality of social security have extended life span expectancy and, accordingly, led to the increase of the total number of older people. People from this category are increasingly involved in the orbit of criminal proceedings as witnesses and victims, and often as defendants (suspects). It should be understood and taken into account that, due to various diseases, changes in the mental state, social status of these persons and other reasons, obtaining verbal criminally relevant information from such participants in the criminal proceedings demonstrate certain specifics. However, at the moment, there are no forensic developments aimed at optimizing investigative actions involving older people. Relevant scientific research on this issue has not been conducted either in Russia or abroad. The aim of the work is the need to ensure the full realization of the rights and legitimate interests of participants in criminal proceedings from among the elderly by developing and introducing forensic techniques into law enforcement in criminal investigations, which necessitates the initial definition of the problem and disclosing its essence. The materials for the study are scientific works of specialists in the field of psychology, gerontology, neurophysiology, forensic science, and statistical data, as well as the authors vast experience in the preliminary investigation of criminal cases as an investigator. The results and conclusions were obtained with the help of general scientific research methods: logical, systemic, sociological, as well as private-scientific and special: comparative-legal, formal-legal, interpretation, statistical, etc. Results: several conclusions have been made to strengthen the necessary to improve the regulatory framework governing participation of older people in criminal proceedings to ensure their legal rights and freedoms. Recommendations on preparation and conduct of investigative actions with participation of such categories of persons have been proposed.

Determination of the Procedural Status of a Person Who Was Inclined to Use Narcotic Drugs

In the process of criminal proceedings, the determination of the procedural status of a person participating in a criminal case is the most important stage of the investigation. It depends on who the person will be recognized, what rights and obligations it will have, how actively it will be able to participate in the criminal case. The paper examines issues related to the determination of the procedural status of a person inclined to use drugs, draws conclusions about the need to recognize the inclined victim in the framework of the investigation of criminal cases under Art. 230 of the Criminal Code of the Russian Federation “Induction to the consumption of narcotic drugs, psychotropic substances or their analogues.” The article analyzes the arguments in defense of the provision on recognizing as victims those who are inclined to use drugs, and also provides arguments explaining what kind of damage is caused by the perpetrator to people who have used drugs and who have refused their use. The presently existing judicial practice on determining the procedural status of persons inclined to use drugs is presented.
 The paper explains the reasons why investigators and prosecutors do not want to involve persons inclined to use drugs to participate in criminal proceedings on the side of the prosecution. Using the example of a judicial act that has entered into legal force, it is explained how the status of a victim in a criminal case can affect the sentence passed.
 The situation with cannabis is considered in order to understand the harm arising from one-time use of narcotic drugs. Attention is focused on the attitude of society towards narcotic drugs made from hemp, and on the example of works in the field of medicine, the author describes the damage caused to a person when hemp-based drugs are consumed. At the same time, it explains why drugs inflict both physical and moral harm on a person.
 Conclusions are formulated about the need for the incited person to participate in a criminal case in the status of a victim from the moment the investigator makes a decision to initiate a criminal case.

ЧУЖАЯ РЕЧЬ В ПРОТОКОЛЕ ДОПРОСА КАК ВИД ВТОРИЧНОГО ТЕКСТА

Statement of the problem. The tasks of modern forensic linguistic expertise include solving the question of whether the text contains a negative evaluation component that characterizes a person. The qualificative, “properly human” [Shmelev, 1981, р. 5] category of assessment, which organizes the process of conflict communication, is manifested in the interrogation protocol at the lexical level within the framework of an invective utterance. For the first time, the article considers secondary invective statements as substantial inclusions in the structure of the interrogation protocol of someone else’s conflict speech. The purpose of creating such speech utterances is assessment which determines the negative attitude of the subject to the object. Secondary invective statements are examined from the point of view of their formal content structure, as well as ways of their representation in the text of the interrogation protocol. The purpose of the article is to study the features of reproduction of someone else’s conflict speech in the interrogation protocol as a secondary speech genre. The material of the study was the interrogation protocols compiled by officials during the preliminary investigation of criminal cases about insulting a representative of the authorities or contempt of court. The research methods used are general scientific research methods (observations, comparisons, descriptions), as well as methods of semantic, functional, component and propositional analysis.

Some Aspects of the Appointment of Computer Expertise and Investigation of Criminal Cases

The article deals with the appointment of a forensic computer investigator expertise in the investigation of crimes, in particular in the field of information and communication technologies. The author touches upon the procedural peculiarities of drawing up the resolution on the appointment of computer forensics, which involves the study and preparation of an expert opinion on the issues, the resolution of which requires special knowledge in the field of information and communication technologies. The article indicated the problem of observance of norms of the criminal procedural law in the appointment of computer forensics to conduct a preliminary check to report the crime.

Tongue Prints: A Forensic Review

Forensic odontology is a branch of forensic sciences which proof to be very helpful during investigationof criminal cases and during person identification by providing the dental expertise in the court and to thelegal system so that proper justice can be done based on evidence. The tongue is a crucial organ very muchencased inside the oral cavity and shielded from nature. Tongue print is the subtleties present on uncoveredsection of tongue when the surface and shape are assembled. The morphology and surface highlights areattributes of each person, and these characteristics can be utilized for criminological distinguishing proof.It has unique shape and surface textures in each individual. The shape, colour and texture of tongue aredifferent in identical twins. And hence it can be used as a new method for personal identification withfurther elaboration. The unique features make it a valuable tool in forensic odontology. The exposedportion of tongue contains information with visible differences from one individual to another therefore itis helpful in identification of suspect during forensic investigation. Tongue becomes the forensic evidencefor establishing the cause of death. It is an evolving science in the field of forensic and there is greater scopefor its further development. The use of tongue print as forensic identification is at budding stage but now itsuse as a biometric authentication system is gaining a lot of popularity. This review is aimed at describing thedistinctive features of tongue, application of tongue prints in personal identification and as biometric systemand the challenges faced in its use.