Investigation Of Activity Research Articles

The Existence of Pretrial Institutions In The Enforcement Of Criminal Law

<p class="TableParagraph"><em>Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.</em></p><em>The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law</em>

Modeling the investigator's activities using virtual reality technologies

Modeling the investigator's activities using virtual reality technologies

The Institute of Urgent Investigative Actions Requires Urgent Rethinking

New challenges to the society and the state, posed by criminality and manifested through a sharp increase in the number of grave and very grave crimes enhance the relevance of potentially effective legal instruments which are, as a rule, of inter-sectorial legal nature. They include urgent investigative actions, which for over 60 years have been considered an institute of the preliminary stage of investigation, and which flourished at a time when inquiry bodies did not meet any obstacles in initiating criminal cases for the crimes requiring a preliminary investigation. The authors describe the specifics of the institute of urgent investigatory actions and its difference from the procedural constructs that provide for investigatory actions in «emergency» cases. They analyze research publications, and use them to work out suggestions on improving the legal regulation of urgent investigatory actions. The authors also prove that the theoretical basis of the institute under analysis is isolated from the practice of investigating and solving crimes, it has become totally abstract and without any links to the actual practice. The practice of urgent investigatory actions carried out by the customs’ offices as a body of inquiry is summarized. Contrary to the opinion, popular among researchers, that the norms regulating the initiation of criminal cases by bodies of inquiry are not demanded in practice, the authors present statistical data illustrating the opposite situation. Using the specific examples of criminal cases, they demonstrate the opportunities for using the operative information collected by the body of inquiry within the institute of urgent investigatory actions to identify a certain person as a culprit in the crime. Special attention is paid to the analysis of the grounds and causes for initiating a criminal case established as a result of investigative search activities. The authors also remind us about the positive Soviet experience of conducting inquiries for the cases that demand a preliminary investigation. They present recommendations on the interaction between the bodies of inquiry and the prosecutor’s office regarding the applicability of the rules of investigative jurisdiction over criminal cases. They offer a complex operative-search and criminal procedure understanding of the phenomenon «urgent investigatory actions».

Problems of normative regulation of procedural means of cognitive activity of the investigator

The article examines the cognitive orientation of investigative activity during pre-trial proceedings. It emphasizes that cognitive activity in the process of disclosing and investigating a criminal offense is determined by the provisions of the current Criminal Procedure Code of Ukraine, procedural means primarily aimed at understanding the circumstances to be established. Undoubtedly, these means should contribute to obtaining new knowledge about circumstances relevant to criminal proceedings, but in accordance with Part 8 of Article 223 and Part 5 of Article 280 of the Criminal Procedure Code of Ukraine, if pre-trial investigation is completed, the terms have expired, or it has been suspended, the investigator's activity related to understanding past events ceases due to the prohibition on conducting investigative (search) actions. However, investigative (search) actions also include measures to ensure criminal proceedings, such as detention, temporary access to items and documents, temporary seizure of property, and property arrest. However, since the regulatory framework for investigative (search) actions and measures to ensure criminal proceedings remains vague, the question arises about the possibility or impossibility of using these measures outside the deadlines of pre-trial investigation to obtain evidence in criminal proceedings without violating the general principles of criminal proceedings (primacy of law, legality, reasonableness of deadlines). Based on this, it is suggested that the cognitive nature of some measures to ensure criminal proceedings reflects the imperfection of the regulatory distinction between investigative (search) actions and measures to ensure criminal proceedings, considering their general definition in the norms of criminal procedural law. Finally, the question is raised about the investigator's ability to obtain information about the circumstances of committing a criminal offense through measures to ensure in a suspended criminal proceeding.

Verbal and Non-Verbal Means of Communication During Some Investigatory Actions, Including Those with the Participation of Minors

The author stresses that there are numerous approaches to defining the concept and classifying investigatory actions, however, this question is still subject to discussions. It should be noted that the procedural specifics of conducting investigatory actions involving certain categories of criminal proceedings’ participants are still paid little attention at the legislative level. Investigative actions of verbal character are a specific problem area. The core of the contents and nature of verbal investigatory actions is the speech method of conveying information, in other words, the crime scene is recreated using speech forms. Besides, it should be accepted that it is also possible to obtain information through non-speech means of communication, known by the term non-verbal communication, when conducting investigatory actions of this type.

Topical Problems of Imposing Prohibitions and Restrictions When Choosing the Preventive Measure of House Arrest

House arrest is quite often used as a preventive measure in criminal court proceedings. At the same time, its use poses a number of problems. In particular, they refer to the legislative regulation of the enforcement of the house arrest, the prohibition of certain actions and the conditions of their implementation. The authors analyze certain problems of imposing prohibitions and restrictions when choosing the preventive measure of house arrest. They present the interpretation of the concept “prohibition and restrictions” in the criminal process theory and describe the essence and contents of these concepts. It is researched how problematic the prohibition of continuous house arrest is considered to be and how this problem should be solved in court practice. The authors draw attention to the absence of legislative regulation of the procedure for imposing prohibition on postal and telegraph orders and outline ways to solve this problem. They examine different aspects of enforcing the right to leave the dwelling in cases of house arrest. Investigatory actions involving persons who are under prohibition to commit certain actions is analyzed as a separate problem aspect. Having studied the problems of imposing prohibitions and restrictions in cases of choosing the preventive measure of house arrest, the authors propose ways of solving them.

Procedural-Criminalistic Aspects of Some Clauses of the Modern Stage of Initiating Criminal Proceedings in the Russian Criminal Process

The current publication examines a topical problem of modern criminal process connected with the initiation stage of a criminal case. The article presents the positions of Russian specialists in procedural law, both of those who support this stage, and of those who oppose it claiming that it is now an anachronism which should be abolished by the lawmakers. The author conducts a detailed analysis of the contents of Part 1, Art. 144 of the Criminal Procedure Code of the Russian Federation, examines the contents and character of investigatory actions that the lawmakers included in this Part and authorized to be conducted before a criminal case is initiated, specifically: an inspection of the crime scene, the area, the dwelling or any other place, the body, objects and documents; examination (forensic and criminalistic); obtaining samples for a comparative examination; a request of objects and documents, and their confiscation under the procedure provided by the current Code; an appointment of forensic examination, a participation in its process and obtaining its results within a reasonable time; a demand for documentary examinations, audit, research of documents, objects, bodies, an involvement of experts in these actions, issuing a written order for the investigatory bodies to conduct operative-search activities aimed at obtaining evidence of the crime and the guilt of the person who committed it. The conducted study includes critical comments regarding the contents of these actions. Besides, in the current work the author concludes that the contents of Part 1, Art. 144 of the Criminal Procedure Code of the Russian Federation created the conditions and the practical necessity for developing an independent tactic of conducting the abovementioned investigatory actions of the pre-investigation examination at the stage of initiating criminal proceedings, and presents arguments to support this conclusion. The article shows that the tactic of conducting investigatory actions at the stage of preliminary investigation is not fully suitable for a pre-investigation examination.

The Investigator’s Actions to Compensate for the Harm Caused by the Crime in Determining the Form of Terminating the Preliminary Investigation

Investigations into the termination of preliminary criminal investigations traditionally encompass two forms: closing a criminal case and concluding the preliminary investigation through an indictment for prosecutor transfer. Prior research has examined these processes, emphasizing the importance of procedural correctness and legal compliance. However, existing studies fall short in elucidating the investigator's actions concerning harm compensation during preliminary investigation termination. The purpose of this study was to explore the investigator's actions to ensure compensation for harm caused by a criminally punishable act during the termination of the preliminary investigation. The authors employed a holistic approach, including the general scientific method, systematic analysis, synthesis, and comparative legal analysis. The results revealed that regardless of the form of termination, measures for compensating victims of criminal acts must be taken. These include appealing against unlawful decisions, and preparing claims for rights protection and compensation in civil proceedings. Compensation for harm remains a priority throughout pre-trial proceedings, even after termination.

Criminalistic Aspects of Classifying Investigatory Actions as One of the Key Means of Proof

The paper contains an analysis of the concept of means of proof. Based on the etymology of the term “means” as a technique and mode of action in order to achieve something or as a tool in some activity, it is concluded that means of proof should include, fist, evidence and any information that the court, the prosecutor, the investigator or the inquirer use to establish the circumstances that need to be proven in criminal proceedings, as well as other circumstances relevant to the criminal case, second, samples for comparative research that do not have any independent significance, but are used for comparison with physical evidence and other objects, third, investigatory and other procedural actions that are the key method of collecting evidence for the investigator (the inquirer), fourth, tactics that are usually determined as most rational, effective modes of action or most expedient behavior of the person performing investigatory actions, fifth, operative search activities whose results may pose grounds for initiating a criminal case, be presented to the investigative body, to the investigator or the court responsible for the criminal case or materials of verifying a report on crime, sixth, tactical (operative-tactical) combinations (operations). Further the authors examine the concept and classification of investigative actions according to the subject authorizing investigative actions, to the methods they are based on, to the subjects performing such actions, depending on the necessity of involving witnesses, of involving experts, depending on the use of technical equipment, based on the criteria of the speed of fixing the traces of crime, and according to the stages of an investigation. It is concluded that classifications are a methodological basis for solving both theoretical and practical problems, and even wrong classifications play a positive role in the progress of this science because they allow us to reject the flawed option and quicker determine the way to the right solution of the problems that the science faces.

Психологические особенности следователей с различными типами стратегий предварительного расследования уголовных дел

The article substantiates the original concept of the investigator's choice of a criminal investigation strategy based on the practical experience of the author's investigative work. According to the traditional approach in legal psychology, the investigator's activity is completely determined by the norms of the Criminal Procedure Code, and therefore does not represent the freedom of choice to the subject of the investigation. However, the author comes to the conclusion that such qualities of the subject as a tendency to risky behavior, the level of creativity, communicative and organizational abilities, tolerance to uncertainty and the type of behavior in conflict, influence the investigator's choice of a certain strategy for investigating a criminal case. The article attempts an empirical analysis of psychological resources to improve the effectiveness of the investigator.

On the issue of increasing the effectiveness of the activity of the investigator in the study of the situation and the mechanism of traffic crimes

The object of the study is crimes against road safety and the operation of transport, as well as the activities of the subject of the investigation aimed at fully establishing all the circumstances of a traffic crime. The subject of the study is the regularities of the situation and mechanism of this group of crimes and the regularities of the investigator's activities to establish them during the investigation. When forming conclusions, the author was guided by the analysis of the norms of the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation, other laws regulating the investigation of this group of crimes, the theoretical foundations of criminalistics, materials of investigative and judicial practice, in addition, he used the results of a survey of 137 full-time employees of investigative bodies in the Krasnodar Territory who have practical experience in investigating crimes against road safety and operation transport. The author examines in detail the specifics of the investigator's establishment of the situation and mechanism of a traffic crime, with special attention paid to the issues of detecting and obtaining information about the incident recorded by technical means of objective control. The authors note that when investigating a crime against road safety and the operation of transport, a competent study by the investigator of the situation and the mechanism of the crime is a key component of his cognitive and certifying activities to establish the truth in a criminal case. The conducted research made it possible to identify certain shortcomings allowed during the detection, removal and fixation of traces, during the inspection of the road network, at the scene of the incident, the author also notes the low level of use of information technologies by investigators when establishing the mechanism of a traffic crime. The authors suggest ways to eliminate these shortcomings: in order to obtain objective data about the various circumstances of the accident, it is necessary to use more actively the information recorded by the technical means of objective control, to implement in investigative activities a program for computer modeling of the mechanism of an accident.

Problems in the formation and implementation of the methodology for investigating homicides related to domestic violence

The theoretical foundations for building a separate forensic methodology for investigating homicides committed in connection with domestic violence have been developed. A scientific justification for the differentiation of the relevant type of homicide in the system of forensic classification of criminal offences related to domestic violence has been proposed. Certain elements of the methodology for investigating this type of homicide and their specificity in the context of developing forensic recommendations have been identified. Characteristics of the practical implementation of the methodology for investigating homicides committed in connection with domestic violence have been provided. A systematic analysis of the elements of the mechanism of domestic homicide and domestic violence, the activities of law enforcement agencies to prevent, detect and investigate this type of homicide, as well as scientific recommendations concerning the methodological and forensic support of pre-trial investigation in criminal proceedings on homicide has been carried out. Legislation regulating social relations in the field of domestic violence prevention, as well as judicial and investigative practice in criminal proceedings on homicide related to domestic violence have been studied. On this basis, it has been determined that homicide committed in connection with domestic violence is a type of domestic (household) homicide, the investigation process of which is characterised by specific features which necessitate the formation of a corresponding separate subspecies forensic methodology. The main distinguishing feature of this homicide group is predicate domestic violence, i.e. violence that systematically occurs in the family before the actual event of the homicide. An important reason for differentiating the methodology of investigating such homicides is the forensic classification of domestic violence as a separate phenomenon and criminal offences related to it. These classifications also make it possible to detail individual elements of the methodology for investigating the category of homicide under study, including typical investigative situations, versions, tactical tasks of the investigation, algorithms of investigator's actions and tactical operations. A specific aspect of the formation and practical implementation of the methodology for investigating homicides committed in connection with domestic violence is to take into account the peculiarities of the behaviour and psychology of the offender, the victim and, in some cases, witnesses of domestic violence when choosing means of evidence (investigative actions) and tactics for their conduct. This significantly affects the specification of typical investigative situations of the initial and subsequent stages of the investigation, as well as determines the specific tactics of certain procedural actions, including inspection of the scene, interrogation, involvement of experts, etc.

Criminal offences related to domestic violence: Structure of the investigation methodology

Violence by family members is not only systematic, but is also characterized by an increase in its intensity, aggression, and the victim's sense of impunity and inability to resist leads to serious criminal and legal consequences. Even when criminal offenses that result in injury or death are detected, it is not always possible to establish their connection to domestic violence. This situation can be avoided by following a defined, scientifically based structure of actions. Therefore, today there is a need to develop algorithms for investigator's actions during the investigation of criminal offenses resulting from domestic violence. That is why in this article the author aims at identifying the interdependent elements of the criminal investigation process. To achieve this goal, the author used the methods of analysis, synthesis and questionnaire, the method of decomposition, and the special legal method. As a result, this work has made it possible to substantiate the expediency of dividing the investigation methodology into nine mandatory structural elements. The completeness of such elements depends on the investigative situation, the specific type of criminal offense committed, the form of criminal plans implementation, the identity of the offender (either a person who commits systematic domestic violence or a person who is a victim of such violence or a witness thereto), the presence or absence of previous experience of the offender's illegal behavior, and the place of the criminal offense (rural area or a large city environment). The author substantiates the need to include such structural elements as "interaction with state and public authorities, institutions and organizations on preventing and combating domestic and gender-based violence" and "preventive activities of an investigator in criminal proceedings related to domestic violence" in the structure of the methodology. It is also determined that the effectiveness of the methodology is determined by the interdependence of investigative (detective) actions, compliance with the stages of the investigation and timely involvement of relevant specialists. Such elements, if properly sequenced and combined, form the methodology for investigating this category of criminal offenses. The practical value of the work lies in the formation of an effective program, planning of the investigator's actions not only to establish the circumstances of the incident, but also to establish the causal relationship between domestic violence and other criminal offenses.

Information technologies in the investigator's activity

Information technologies in the investigator's activity

The algorithm of the investigator's actions in the investigation of fraud using electronic means of payment

The algorithm of the investigator's actions in the investigation of fraud using electronic means of payment

Деятельность следователя как важный инструмент обеспечения прав и свобод человека и гражданина в уголовном судопроизводстве

В статье рассматриваются проблемные аспекты, связанные с деятельностью следователя, как важного инструмента обеспечения прав и свобод человека и гражданина в уголовном судопроизводстве. Автором проанализированы вопросы реализации органами предварительного следствия полномочий по производству процессуальных действий, направленных на обеспечение прав и свобод человека и гражданина. Определены понятие, предмет, особенности и виды мер по обеспечению прав и свобод человека и гражданина. We consider problematic aspects related to the activities of an investigator as an important tool for securing human and civil rights and freedoms in criminal proceedings. We analyze the issues of the powers of preliminary investigation bodies when carrying out procedural actions aimed at ensuring the rights and freedoms of man and citizen. The concept, subject, features and types of measures to secure human and civil rights and freedoms are determined.

Public perceptions of U.S. earthquake early warning post-alert messages: Findings from focus groups and interviews

In May 2019, a false earthquake alert message was sent to the city of Ridgecrest, CA, in the U.S.A., an area that just 10 months prior had experienced a significant series of earthquake events. The false alert was followed by a post-alert message, indicating that the message was cancelled and under investigation. This event, the first of its kind in the U.S.A., provided an opportunity to learn about public perceptions of the post-alert message, including what individuals understood about the threat and their safety, and what actions they should take as a result. We conducted individual interviews with 40 persons in the Ridgecrest community, followed by a series of focus groups in Southern California to discuss post-alert messages, and to learn about information people most needed following false earthquake alerts. We found that individuals with and without prior earthquake experience expressed confusion about content describing the investigatory actions of the organization and had a largely negative response toward content that complimented those who took action in response to the initial earthquake early warning. While current post-alert messages are intended to reinforce the good intentions of the organization and the protective actions taken by message receivers, the message issued was perceived by members of the public to be largely ineffective in achieving either objective because it did not provide the information they desired most—an explicit statement about their safety. Instead, message receivers need information that primarily affirms their current level of safety so they can return to normal functioning.

Using the Results of Rosfinmonitorings Work in Criminal Proceedings

The Federal Financial Monitoring Service (Rosfinmonitoring) currently possesses complete and comprehensive information whose analysis makes it possible to monitor the whole chain of financial transactions, links, agreements through which criminal gains are legalized, transformed into other assets and the capital is then transferred abroad. However, to date the procedure for giving the results of Rosfinmonitorings financial investigations the status of evidence in the criminal process has not been legally regulated. Since Rosfinmonitoring is not a law enforcement body, or a subject of operative search and evidence-collection work, the materials of its financial investigations cannot be directly used as evidence in a criminal case and need legalization. As the information in the materials of a financial investigation constitutes bank secrecy, a direct attempt to use it as proof could be dismissed by the court as inadmissible evidence because it was obtained by law enforcement bodies without a court sanction. In order to give the status of admissible evidence to the information obtained during a financial investigation of the deposits and accounts of the persons involved, the investigator, with the agreement of the head of the investigation agency, or an inquiry officer, with the agreement of the prosecutor, should petition the court about the initiation of investigatory actions according to the procedure stated in Art. 165 of the Criminal Procedure Code of the Russian Federation, and attach all the documents obtained from credit organizations as a result of the courts ruling to the materials of the criminal case. The authors present a comparative analysis of financial and preliminary investigations, describe the specifics of using the materials of financial investigations in criminal proceedings and the procedure of Rosfinmonitorings cooperation with law enforcement bodies with the goal of investigating and solving crimes.

To the question of the modern structure of a separate forensic methodology

The article analyzes the structure of the forensic method of investigation of certain types of crimes, proposes its modern structure, in particular, a separate forensic method must necessarily include a forensic characteristic, typical investigative situations and programs (algorithms) of the investigator's actions in each judicial investigation. stages of the investigation, specifics of the tactics of individual investigative (search) actions, other measures and tactical operations, as well as specifics of the investigation under martial law.
 Forensic characterization is considered as an important structural unit of a separate methodology, which reflects its purely forensic aspect, describes forensically significant, statistically derived features of crimes of a certain group. The author comes to the conclusion that forensic characteristics include signs of circumstances that are subject to proof (but not all), but only those signs that determine the choice of appropriate forensic means, techniques and methods of crime investigation (forensically significant). Therefore, he claims that the refusal to study the circumstances to be proven in the methodology and in most of the modern dissertation studies in criminology will be justified.
 Based on the analysis of existing scientific views and concepts, the author substantiates the position of highlighting the initial stage of the investigation, as well as the feasibility of developing recommendations for the organization of the investigator's actions at this stage and in the investigation process at two traditional stages. forensic stages: initial and subsequent. Based on a comparison of a specific investigative situation that arose during the investigation of a specific crime with a typical one, investigators should choose the appropriate, most effective forensic means and methods of establishing objective reality.
 The inclusion in the structure of a separate forensic methodology of investigation features under martial law is considered as an urgent need of practical workers. After all, the conditions of martial law make changes both in the program (algorithm) of the investigator's actions and in the tactics of conducting investigative (search) actions. This is due to the fact that the legislator departed from the principle of immediacy of the research of evidence.
 It is noted that the study of other forensic aspects of the investigation of certain types of crimes may take place.

Using Special Knowledge: History, Status and Prospects of Development

The authors use normative sources to examine the history of the emergence and development of special knowledge in Russia, starting with the Decree of March 6, 1699 “On the Order of Investigating Signatures in Servitude Acts …”, and ending with the current legislation. Special knowledge is understood as systematized scientific knowledge and skills in the fields of science, technology, art or craft (with the exception of any knowledge in the field of law), a product of purposeful professional training and practical experience, used for collecting and examining evidence with the goal of establishing circumstances to be proven in a criminal case. The division of special knowledge into procedural and non-procedural is examined. The procedural forms of using special knowledge are further analyzed as those having evidentiary significance, namely: immediate use of special knowledge by the investigator himself; involving a specialist in investigatory actions; report and evidence of an expert; report and evidence of a specialist. Special attention is paid to the expert’s report as the key historical form, and the specialist’s report, whom the will of the lawmaker made a competitor of the former. It is noted that at the stage of preliminary investigation this competition favors the expert’s report, as, contrary to the specialist’s report, the law has provisions for the situations when the expertise is obligatory, and the expert is liable for false evidence, which is not the case with the specialist’s report; the expert has a right to conduct instrumental research, often involving partial or complete destruction or modification of objects, or changes to their appearance or key features, which is not typical for the specialist, since the specialist’s report is a written representation of his opinion on the questions posed before him by the sides; the form of the expert’s report is regulated by normative legal acts in detail, while there are no such regulations the specialist’s report. The authors analyze the prospects of using special knowledge: bringing the research process as close to the crime scene as possible, which it was suggested to call “field criminalistics”; using new research methods, researching new objects, mainly through the application of computer- and nano-technologies, as well as genomic objects; the objectivation of the testimonies of criminal proceeding’s participants, specifically, detecting lies by scanning their brains with classic magnetic resonance imaging after an effective prohibition of psycho-physiological examination with a polygraph.