Topic 4. ORGANIZATION OF DISCLOSURE AND INVESTIGATION OF CRIMES

4.1. The concept and essence of the version. Version types

The forensic version is an assumption based on factual data about the nature or individual circumstances of an event that has signs of a crime, accepted for verification by an investigator or other authorized person when deciding whether to initiate a criminal case, investigate or trial a case. From the standpoint of logic, a version is a kind of hypothesis, which is a form of thinking, with the help of which the transition from probable knowledge to reliable is carried out.

Versions differ in volume (general and specific), in the subject of the nomination (investigative, operational-search, expert, judicial), in the degree of specificity (typical and specific).

The general version is a hypothetical explanation of an event that has signs of a crime as a whole (what happened - murder, suicide, accident), a private one is a hypothetical explanation of individual parties, elements of this event (motive, method of committing, time, place, identity of the offender, etc.). d.).

Investigative versions are put forward and checked by the investigator in order to clarify the essence of the event and all its circumstances, i.e. they can be either public or private.

Operational investigative versions are put forward by an operative who, on behalf of an investigator, checks certain circumstances in a criminal case under investigation by the investigator. Operational investigative versions can only be private.

An expert version is an expert's assumption accepted by him for verification during the production of an expert study. It can only be private.

Finally, the judicial version is the assumption of the court, accepted by it for verification during the consideration of the case. The court receives a case in which only one version is formulated - the one that remained as a result of the investigation, after all the other versions that were checked in the case have disappeared. This is the so-called "charge version" formulated in the indictment. The court is obliged to carefully check this version, putting forward a counterversion (general), and for each of the private versions - the corresponding private counterversions (“there was not a theft, but another crime”; “the crime was committed not by the accused N., but by another person”).

In practice, this means that every piece of evidence presented to the court is subjected to careful scrutiny. If new versions arise in court that have not been previously verified and can only be verified by an investigative process, the case is returned for further investigation.

In contrast to specific versions that are put forward on the basis of studying the materials of the case under investigation, there may also be so-called typical or standard versions (“versions based on a telephone call”). This is the most general, typical explanation of an event, when there is still too little specific information about it, this information is contradictory and not entirely reliable. In addition, typical versions are put forward not only on the basis of available information, but also on the basis of the investigator’s experience, forensic recommendations, general investigative practice, simple everyday experience, etc. These versions are of very great practical importance, since, firstly, they help organize work on the case at the very first, most crucial moment of the investigation and, secondly, they make it possible to more specifically check individual circumstances of the crime.

Forensic versions are put forward not only on the initiated criminal case, but also before its initiation, in the process of checking by the investigator or the worker of inquiry of the information received by him about the crime committed. Versions that arise in the course of activities carried out by an investigator or an operative in order to verify information about a crime committed and decide whether to initiate a criminal case are a special kind of forensic versions. They can be called preliminary, or verification. When deciding whether to initiate a criminal case, the results of checking preliminary versions are of decisive importance, and after the initiation of a case, they often form the basis of investigative and other versions.

4.2. Build Order and Version Checking

The basis for building versions is the actual data relating to the event under study. These data can be obtained from any sources, both procedural and non-procedural.

When building versions, logical thinking techniques are widely used - such as analysis and synthesis, induction and deduction, analogy.

Analysis is the study of individual aspects, properties, components of an object, fact, phenomenon. Synthesis - the study of features identified through analysis in their unity and interconnection. Induction is a conjectural conclusion from the particular to the general, and deduction is the conclusion from the general to the particular. When using the method of induction to build versions, the signs of single facts are initially established and investigated, and their origin is studied. Then the facts are summarized. A hypothetical conclusion is drawn from the particular to the general, from individual judgments regarding established facts to an explanation of their origin.

Analogy is a technique of logical thinking, which consists in comparing facts on the basis of their individual features. As a result of such a comparison, the conclusion is made: if the signs are similar, then the facts are similar or are explained by one reason.

Version checking consists in finding factual data that confirms or refutes the version. The necessary data is obtained in a procedural way, i.e. as a result of the investigation. Versions are also checked by conducting an ORM, but such a check is only preliminary, indicative in nature, and its results require confirmation by the evidence collected in the case.

In the process of investigation, all possible versions are built and tested. At the same time, no version, even an unlikely one, should be left unchecked. Versions are checked, if possible, simultaneously, in parallel, although in practice this possibility does not always exist, and checking of some versions has to be postponed for some time. In such cases, the most likely version is checked first.

4.3. The concept and principles of planning an investigation. Types and forms of plans

Investigation planning is defined as a thought process that consists in determining the content and procedure for establishing all the circumstances of the crime committed and exposing the perpetrators in strict accordance with the requirements of the law and with the least expenditure of time and effort.

For investigation planning to achieve these goals, it must be based on certain principles. The principles of planning are the requirements developed in forensic science for planning, the observance of which ensures its effectiveness.

There are three main principles of planning.

1. The principle of specificity means that the plan must list all the issues that need to be clarified in order to verify a particular version, all investigative actions, search and other activities to be carried out, the timing of their implementation and the performers are precisely indicated. It makes no sense, for example, to indicate in the plan: “conduct interrogations of witnesses,” “conduct searches of suspects,” etc.; such a plan achieves practically nothing. It must indicate which specific witnesses are expected to be questioned, which suspects are to be searched, and when and who will carry out these investigative actions.

2. The principle of individuality means the inadmissibility of a template, the obligation to draw up a plan specifically for a specific case, taking into account all the features of this case. It is impossible to develop a single sample plan that would be suitable for the investigation of all criminal cases as a model.

At the same time, the use of standard investigation plans (programs) for cases of certain categories in the presence of similar investigative situations fully justifies itself. As is known, standard programs of action have been developed in the forensic methodology for the most typical situations that arise in the investigation of various types of crimes. For example, in cases of fraud, if the suspect is detained at the scene or immediately after the fraud, it is recommended to conduct: a personal search of the suspect; his interrogation; interrogation of the victim; search at the place of residence of the fraudster; inspection of items confiscated from him, as well as objects received from him by the victim, etc. These investigative actions should be planned for almost every specific fraud case, if the situation exists.

Of course, any plan built on the basis of a standard program is still filled with specific content based on the characteristics of the case under investigation.

3. The principle of dynamism (continuity) means that the investigation process is not a one-time act; the drawn up plan is not final, it is constantly supplemented and changed, and the possibility and necessity of its change and addition is implied in advance. So, as a result of checking one of the versions, another version may disappear or, on the contrary, a new version will appear that has not been put forward before; discovery during a search at the place of residence of a suspected crime weapon may make a previously planned search of another suspect unnecessary, etc. The need for constant adjustment is one of the fundamental differences between investigation plans and most other plans.

In addition to the plan for the investigation of the case, plans are drawn up for the most complex and responsible investigative actions.

Criminal investigation plans can be drawn up in various forms. The most common form is by version. At the same time, the plan reflects: investigative leads, investigative actions and other measures to verify each of the planned leads; deadlines for the execution of each investigative action or other measure; performers.

Sometimes a special column is also introduced for performance notes or other notes.

When investigating multi-episode cases, the form of the plan becomes somewhat more complicated. In such cases, the plan first indicates the general versions, and then it is built on individual episodes of the crime under investigation.

Another type of plan is for persons (suspected or accused). Structurally, such a plan is similar to the previous one, but in the first column, instead of the content of the episodes, the names of the suspects or accused are indicated.

The plan of a separate investigative action reflects:

▪ the purpose of the investigative action (or issues to be clarified);

▪ exact time;

▪ venue;

▪ the circle of persons who will assist the investigator in carrying out the investigative action, the distribution of responsibilities between them;

▪ technical means that will be used during the investigative action to record its progress and results (investigation suitcase, tape recorder, video camera);

▪ investigative tactics;

▪ tactics for fixing it, etc.

When investigating complex multi-episode crimes, in addition to plans, as additions to them, auxiliary documentation is often used: schemes of criminal connections of suspects or accused, cards (sheets) for each accused (the so-called "personal accounts"), cards for witnesses, etc.

The "personal accounts" for the accused usually indicate:

▪ wording of the charge;

▪ evidence confirming the accusation (indicating the sheets of the case);

▪ arguments of the accused in his defense;

▪ results of verification of the accused's statements;

▪ data characterizing the identity of the accused;

▪ issues to be clarified;

▪ notes on the dates of the election of a preventive measure against this person, filing of charges, etc.

These data, collected in one place and in an easily visible form, help to properly organize the investigation, resolve the issue of its completeness, and facilitate the drafting of an indictment.

Another form of supporting documentation used in the investigation of group cases is the so-called "chessboard". The names of the suspects or accused are indicated vertically, and the episodes of their criminal activity are indicated horizontally. In the cells formed by the intersection of horizontal and vertical stripes (graph), it is possible, in particular, to show whether a given person participated in one or another episode of the criminal activity of the group, what evidence of his guilt the investigator has, etc.

4.4. Forensic registration

Forensic registration is a subsection of criminology, which is a system of scientific provisions and methods for registration, concentration and use of information about objects that fall within the scope of operational investigative and criminal legal activities of law enforcement agencies for the purpose of solving, investigating and preventing crimes.

The forensic registration system consists of separate records. Each account covers a group of homogeneous objects; with the advent of a new type of registered objects, a new type of accounting arises. Thus, accounting is a subsystem of forensic registration, in which information about homogeneous (similar) objects is concentrated.

Objects subject to accounting include:

▪ people:

▪ known (wanted, arrested, detained, persons of operational interest, persons involved in vagrancy and begging, missing persons);

▪ unknown (criminals who fled the scene of a crime, mentally ill people, children whose identity has not been established, etc.);

▪ corpses (dead, deceased citizens whose identity has not been established);

▪ items:

▪ whose ownership is known (lost firearms, stolen items, stolen cars, etc.);

▪ whose ownership is unknown (identified firearms, burglary tools used at the crime scene, etc.);

▪ traces (for example, fingerprints from unsolved crime scenes);

▪ documents (for example, forged documents, counterfeit banknotes and securities, etc.);

▪ animals (stolen or free-range livestock);

▪ unsolved crimes.

Forensic registration methods:

▪ description (written recording of information, characteristics of an object subject to registration);

▪ obtaining impressions, including fingerprinting;

▪ sound and video recording;

▪ sketch, image in the form of diagrams;

▪ collecting (collecting and storing objects in kind);

▪ mixed (when several methods of fixing objects are used).

When registering objects, their characteristics (information about them) are recorded according to a certain system. Accordingly, there are forms of accounting: file cabinets, magazines, photo albums, photo libraries (video libraries), collections, databases (computer memory), etc.

The legal framework, in accordance with which the functioning of forensic records is organized, as a rule, is not provided for in legislative acts. However, this activity is regulated in great detail in by-laws, in particular in orders and instructions of the Ministry of Internal Affairs of Russia.

The legal grounds for the registration of individuals are: the decision of the prosecutor, investigator, the person conducting the inquiry, on the choice of a measure of restraint in the form of detention, as well as the decision to bring him as an accused; judgment or ruling of the court; a decision to put a person on the wanted list; suspect's arrest record. For the registration of other objects, the protocols of investigative actions serve as a legal basis.

Forensic registration system. Depending on the degree of prevalence, coverage of the service area, all accounts can be divided into three groups: centralized (federal), local (regional), centralized-local.

Centralized (federal) records are maintained only in the relevant central offices of the Ministry of Internal Affairs of Russia, the Main Information and Analytical Center of the Ministry of Internal Affairs of Russia (GIAC of the Ministry of Internal Affairs of Russia), the Forensic Center of the Ministry of Internal Affairs of Russia (ECC of the Ministry of Internal Affairs of Russia) and cover the entire Russian Federation with registration.

Local (regional) records are maintained within the autonomous republic, region, in the relevant zonal information, information centers (ZIC, ITs of the Ministry of Internal Affairs, Central Internal Affairs Directorate, Internal Affairs Directorate), forensic departments, and criminal investigation departments. Some records are kept at the lower levels - GOVD, ROVD, LOVDT.

Centralized-local accounting involves the registration of objects of the same type both in the center and in the field. Most of these accounts. Not all objects of the same name that are accounted for locally (in the ZIC, IC, ECC) are registered in the central offices (GIAC or ECC of the Ministry of Internal Affairs of Russia) so as not to clutter up their array.

Depending on the nature of the records and the services in which they are maintained, the records of the information and reference service and the records of expert units are distinguished.

Accounts of the information and reference service are maintained at the GIAC of the Ministry of Internal Affairs of Russia, the ZITs, the ITs of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate, and the accounting divisions of city district authorities. To check objects according to these records, no special forensic knowledge is required. These are accounts: operational and reference; lost, stolen and discovered firearms; stolen and seized numbered and non-numbered things, items, antiques.

Accounts of forensic units are maintained by the ECC of the Ministry of Internal Affairs of Russia, the ECC at the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate, the GOVD, the District Department of Internal Affairs. For their organization and functioning, special forensic knowledge is required. These include the following types: fingerprint recording of unknown criminals who left handprints at the sites of unsolved crimes, and persons registered by the police; bullets, cartridge cases, cartridges with traces of weapons, etc.

Authors: Vasilievich A.V., Georgievich F.A.

<< Back: Forensic tactics (The concept and content of forensic tactics. Tactical and forensic techniques and recommendations. Tactical and operational-tactical combinations. The concept and types of investigative examination. Inspection of the scene of an incident. Preparation for its implementation. Working (research) stage of inspection of the scene of an incident. Recording the progress and results of the inspection scene of the incident. Tactics of examining a corpse at the place of its discovery. Exhumation. Inspection of objects and documents. Concept, general procedure and types of interrogation. Preparation for interrogation. Tactics of interrogation of witnesses and victims (interrogation in a conflict-free situation). Tactics of interrogation of suspects and accused (interrogation in a conflict situation). Recording the progress and results of the interrogation. The concept of confrontation. Tactics of its implementation. The concept and types of investigative experiment. Preparation for conducting an investigative experiment. Tactical techniques of an investigative experiment. Concept, general rules and types of presentation for identification. Preparation for presentation for identification. Presentation tactics for identifying people. The concept of search and seizure. Types of search. Preparing for a search. Tactical techniques for searching premises. Removal order. Concept of checking readings on site. Preparation for its implementation. Tactical techniques for checking readings on the spot. Control and recording of negotiations. Concept, types and significance of samples for comparative research. Concept and types of forensic examinations. System of expert institutions of Russia. Preparation and appointment of forensic examinations. The process of expert research and evaluation of its results)

>> Forward: Methodology for investigating certain types and groups of crimes (forensic methodology) (The concept and system of methods for investigating certain types and groups of crimes. The concept and essence of the forensic characteristics of crimes. The concept of an investigative situation. The value of typical investigative situations in the detection and investigation of crimes. Criminalistic characterization of murders. Typical situations and the program of actions of the investigator at the initial stage of the investigation of murders. Peculiarities of inspection of the crime scene in cases of murders. Murder forensics. Forensic characteristics of rape. Typical situations and the program of actions of the investigator at the initial stage of the investigation of rape. Examinations in cases of rape. Forensic characteristics of robberies and assaults. Typical situations and the program of actions of the investigator at the initial stage of the investigation of robberies and assaults. Forensic characteristics of theft. Typical situations and the program of actions of the investigator at the initial stage of the investigation of thefts. Features of the inspection of the scene in cases of theft from the premises. Forensic characteristics of fraud. Typical situations and the program of actions of the investigator at the initial stage of the investigation of fraud. Fraud investigations. Forensic characteristics of extortion. Typical situations and program of actions at the initial stage of the investigation of extortion. Forensic characterization of misappropriation or embezzlement of another's property. Tactics of search and seizure in cases of misappropriation or embezzlement of other people's property. Examinations in cases of misappropriation or embezzlement of other people's property. Criminalistic characteristics of bribery. Typical situations and the program of actions of the investigator at the initial stage of the investigation of bribery. Forensic characteristics of the manufacture or sale of counterfeit money or securities. Typical situations and the program of actions of the investigator at the initial stage of the investigation of the manufacture or sale of counterfeit money or securities. Forensic characteristics of crimes related to illicit trafficking in narcotic drugs or psychotropic substances. Examinations in cases of crimes related to the illegal circulation of narcotic drugs or psychotropic substances. Forensic characteristics of arson and criminal violations of fire safety rules. Features of initiating criminal cases on arson and criminal violations of fire safety rules. Features of the inspection of the scene of the incident in cases of arson and criminal violations of fire safety rules. Examinations in cases of arson and criminal violations of fire safety rules. Criminalistic characteristics of hooliganism. Typical situations and the program of actions of the investigator at the initial stage of the investigation of hooliganism. Forensic characteristics of traffic accidents. Typical situations and the program of actions of the investigator at the initial stage of the investigation of an accident. Examinations on cases of road accidents. Features of interrogation of minors. Features of the investigation of crimes committed by members of organized criminal structures.

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