Topic 5. TECHNIQUES FOR INVESTIGATION OF SEPARATE TYPES AND GROUPS OF CRIMES (FORENINALISTIC TECHNIQUES)

5.1. The concept and system of methods for investigating certain types and groups of crimes

The methodology for investigating certain types and groups of crimes (forensic methodology) is the final section of the forensic science course. It is a system of scientific provisions and recommendations developed on their basis for the disclosure and investigation of crimes of specific types and groups.

The forensic technique is closely connected with other sections of the science of forensic science - general theory, forensic technology, forensic tactics, as well as with forensic issues of organizing the detection and investigation of crimes. The recommendations contained in the forensic methodology provide the most effective use of tools, techniques and methods developed in other sections of forensic science in the investigation of specific types and groups of crimes.

There are two interrelated sections in the forensic methodology:

1. General Provisions:

2) methods for investigating specific types and groups of crimes (private methods). It is generally accepted that certain types include crimes that differ in composition, i.e. on a criminal law basis (for example, murders, rapes, thefts, hooliganism, etc.), and for individual groups - differing in other ways (for example, crimes committed by minors, group, unsolved crimes of past years, etc.). ).

The structural elements (subsections) of the general provisions of the methodology for investigating certain types and groups of crimes include the following questions:

1) the concept and subject of forensic methodology; correlation of the technique with other parts of forensic science; the role and importance of methodology in the system of criminalistics;

2) the concept and content of the circumstances to be established;

3) the concept, essence and meaning of the forensic characteristics of crimes;

4) the concept and essence of the investigative situation;

5) the concept of investigation stages; tasks and general characteristics of each stage.

Accordingly, the typical structures of methods for investigating specific types and groups of crimes (private methods) should look like this:

▪ forensic characteristics of a specific type or group of crimes. Circumstances to be established during the investigation of crimes of this type (group);

▪ features of initiating a criminal case. Typical situations of the initial stage of the investigation and actions of the investigator;

▪ features of the tactics of initial investigative actions;

▪ subsequent investigative actions.

This structure (as well as the above structure of the general provisions of the forensic methodology) is typical; it may contain certain clarifications. However, in general, it is most consistent with the current state of this section of forensic science and creates the necessary basis for its further development.

5.2. The concept and essence of the forensic characteristics of crimes

The forensic characteristics of crimes can be defined as a system of features inherent in a particular type of crime, which are of the greatest importance for the investigation and determine the use of forensic methods, techniques and means.

Among the most significant forensic features of crimes of certain types (elements or components of their forensic characteristics) are:

▪ the direct subject of the criminal offense;

▪ method of committing and concealing a crime;

▪ the circumstances under which the crime was prepared and committed (time, place, conditions for protecting the object, etc.);

▪ features of traces left by criminals (the mechanism of trace formation in the broad sense);

▪ the identity of the offender and the victim.

Forensic characterization can be considered at two levels:

1) as a general concept (the highest level of abstraction in relation to this scientific category);

2) as forensic characteristics of specific types and groups of crimes.

Of course, we can also talk about the third level of classification - about the forensic characteristics of individual crimes, but in this case we will only talk about the circumstances of one crime, which may turn out to be completely atypical. For the science of criminology, such cases, as a rule, are not of particular interest, since its methods and recommendations are designed specifically for circumstances that are typical for certain types and groups of crimes. Thus, the forensic characteristic is a category associated mainly with specific types of crimes.

Knowledge of the typical forensic characteristics of types and groups of crimes makes it possible to put forward the most reasonable typical versions of a specific crime of a given type or group.

5.3. The concept of an investigative situation. The value of typical investigative situations in the detection and investigation of crimes

The investigative situation is the amount of information (evidence, as well as information obtained in a non-procedural way) that is significant for the investigation, available to the investigator at a certain point in the investigation.

The contents of the investigative situation are:

▪ evidence collected in the case;

▪ other information relevant to the investigation;

▪ information about the sources of obtaining such information.

These facts in their totality represent a complete and objective picture of the event under investigation at any particular moment and allow the investigator to give them a proper assessment and make decisions on their further actions arising from this assessment.

According to some criminologists, an investigative situation is a set of conditions in which an investigation is currently being carried out, i.e. the environment in which the process of proof takes place. Thus, the content of the investigative situation includes everything that, to one degree or another, influences the course and results of the investigation: psychological factors (manifestation of the psychological properties of the investigator, persons involved in the case, etc.), informational (the investigator’s awareness of the circumstances crimes, the possibilities of their detection and expert research, places of concealment of what is being sought, etc.), procedural and tactical (the state of the proceedings in the case, the possibility of choosing a preventive measure, isolating persons involved in the case from each other, conducting a specific investigative action, etc.) , material, organizational and technical (the presence of communication between the duty unit and the operational-investigative group, the ability to maneuver available forces, means, etc.). [9]

Investigative situations can be classified on a variety of grounds. The most successful classification is:

1) typical and specific situations;

2) situations that develop during the investigation of the case as a whole and during the conduct of a separate investigative action;

3) conflict and non-conflict situations.

Typical situations are situations that are typical, in terms of the volume and content of available information, for crimes of a certain type or group at a specific stage of their investigation. Thus, the initial stage of the investigation of thefts and a number of other crimes is characterized by three typical situations:

1) the criminal is caught red-handed at the scene of the crime;

2) the criminal has not been detained, but there is certain information about him that allows him to be searched;

3) the criminal has not been detained and there is no information about him (for example, in case of pickpocketing). At the initial stage of the investigation, rape is characterized by two typical situations:

1) the victim knows the rapist or can provide information about him that allows him to be searched for;

2) the victim cannot give any information about the rapist (say, if the attack happened suddenly for the victim and she could not see the offender), etc.

Specific situations develop during the investigation of a particular criminal case. They can either coincide with typical ones or not coincide with them, be atypical. Of course, in the presence of an atypical situation, the recommendations developed in forensic science for certain typical cases (sometimes called "investigator's algorithms") cannot be used.

The situations that develop during the investigation of the case as a whole are always conflicting to one degree or another.

Situations that arise during a separate investigative action can be either conflict or non-conflict.

5.4. Forensic characterization of murders

The methods of committing murders are very diverse. It is possible, in particular, to single out murders committed with the use of: firearms; cold steel; various household and other items (axe, kitchen knife, stone); by poisoning, suffocation, drowning. Murders are also committed by explosion (in particular, by sending an explosive device by mail to the victim) and in many other ways.

Until recently, domestic crimes dominated the total number of murders. Now in some regions, murders committed for mercenary purposes and in the course of "showdowns" between members of criminal gangs take the first place in terms of number. Sometimes murders are committed out of hooligan motives, during rapes; there are also murders of newborns.

Of particular danger are the so-called "contract" murders, carefully prepared and committed by professional criminals; it is usually possible to solve such crimes with great difficulty and not always. In order to cover up murders, criminals often destroy or try to destroy corpses, dismember them, and disfigure the face of a corpse. Suicides, accidents, natural deaths are often staged.

A significant part of the murders are committed in the evening; often they occur during the joint drinking of alcoholic beverages by the would-be killer and his victim.

During murders, numerous material traces always remain: a corpse, traces of its dismemberment or destruction, murder weapons. In addition, as practice shows, even with murders committed in conditions of non-obviousness, when the killer takes special care to conceal his actions, ideal traces of the crime usually remain. Witnesses can inform the investigator about the relationship of the victim with the alleged killer, about the actions of the latter in preparing the crime, hiding the corpse, etc.

5.5. Typical situations and the program of actions of the investigator at the initial stage of the investigation of murders

The situations that develop at the initial stage of the investigation of murders are very diverse. The most typical of them are the following.

1. The murder was committed under the conditions of obviousness (most often on the basis of family and domestic relationships or out of hooligan motives), when the victim and the suspect are known from the very beginning.

This situation is characterized by the fact that the conflict between the killer and his future victim usually brews for a long time and their hostile relationship is not a secret for relatives, friends, colleagues. Sometimes, on the contrary, the conflict arises suddenly (for example, the murder is committed as a result of drinking alcohol and then a quarrel broke out during a wedding or other celebration). At the same time, the investigator always has a large amount of information about the event at his disposal.

The most typical for such a situation are the following range and sequence of initial investigative actions: detention, personal search and examination of the suspect; inspection of the scene; interrogation of a suspect; interrogation of eyewitnesses; appointment of a forensic medical examination of a corpse and other examinations.

2. The murder was committed during a robbery (on shops, branches of a savings bank, commercial enterprises, on taxi drivers, during robberies of apartments), or on sexual grounds (attacks for the purpose of rape, which are committed in deserted places), or from hooligan motives (most often these are murders in a group fight), when the victim or victim is known, but the suspect is unknown. A similar situation arises with murders committed in the course of criminal "showdowns", as well as with most "contract" murders.

In this situation, at the initial stage of the investigation, the following investigative actions are usually carried out: inspection of the scene; interrogations of witnesses (witnesses, persons who were the first to discover the corpse, etc.); appointment of forensic and forensic examinations. Along with this, ORMs aimed at identifying suspects are being actively pursued.

At the start of the investigation, the motive for the murder is unclear. There are two typical options here. The first - with the unknown disappearance of a person. In such cases, the following is usually carried out: interrogations of witnesses - relatives and friends of the disappeared, his colleagues, as well as all other persons who may have any information about the event; inspection and search of the site of the alleged murder; inspections and searches in places of possible concealment of the corpse; appointment of forensic and other examinations. ORM is also being carried out to identify persons involved in the event, possibly interested in the death of the disappeared. The second variant of this situation arises when an unidentified corpse or parts of a dismembered corpse are found. At the same time, the main task of the investigator and employees of the criminal investigation department is first to establish the identity of the deceased, in order to later, by studying his connections and the circumstances of the disappearance, identify the suspect. Such cases are characterized by: the most thorough examination of the scene and the corpse (the corpse is described according to the full scale of signs of a verbal portrait, including the type and condition of the teeth, warts, moles, birthmarks, etc.; the clothes of the corpse are described in the same detail, all objects with him, packaging of parts of a dismembered corpse); interrogations of persons who discovered the corpse or its parts; the appointment of forensic and other examinations (a wide variety of examinations are appointed in order to clarify all the possible circumstances of the death of a person, the nature of various contaminants on the corpse, the origin of objects found nearby, traces, etc.); presentation of a corpse or its parts for identification. At the same time ORM are carried out.

Of course, in each of these typical situations of the initial stage of the investigation of murders, the list of investigative actions and their sequence can be adjusted depending on the specific circumstances of the crime under investigation.

5.6. Peculiarities of inspection of the crime scene in murder cases

A forensic medical expert must be involved in the examination of the scene of an incident in murder cases related to the discovery of a corpse, and in his absence, another doctor. Inspection in such cases is carried out in an eccentric way, i.e. from a corpse. Before proceeding with the examination of the corpse, it is necessary to make sure that the victim is really dead; if there is even the slightest doubt about this, it is necessary to try to bring him back to life by providing urgent medical care.

During the inspection of the corpse, in addition to its general characteristics, all injuries on the corpse (their nature, location), post-mortem phenomena (temperature, rigor mortis, cadaveric spots, putrefactive changes), all kinds of pollution are revealed. Be sure to unclench and inspect the palms, take scrapings from under the nails, dirt samples from the shoes. The clothes of the corpse are carefully examined; at the same time, pockets, cuffs, folds of clothing are examined in order to detect various small objects. Particular attention is drawn to the correspondence of damage and contamination on the corpse itself and its clothing.

During the inspection, the necessary measures are taken to preserve the microparticles; for this purpose, the clothes of the corpse, without shaking, are placed in plastic bags (not used) and thus delivered to the expert institution.

When a suspected murder weapon is found at the scene of the incident, the correspondence of the weapon to the injuries on the corpse, the presence of blood on the weapon, fingerprints, etc. is detected and recorded. In addition to the corpse, the room or area where it was found, and all objects located in this room (on the site) are carefully examined. The purpose of the inspection is to find the traces left by the offender, the instrument of the crime, the traces of the struggle and, ultimately, to establish the fact and circumstances of the crime.

In particular, the following is identified and recorded: whether windows and doors were locked; inside or outside; are there any traces of forced entry into the premises (breaking locks, broken glass); the presence or absence of values; signs of the criminal's awareness of the places of their storage, etc.

5.7. Expertise on murder cases

In accordance with the law on murder cases, a forensic medical examination of the corpse is mandatory. It is advisable to entrust its conduct to a forensic physician who participated as a specialist in the examination of the corpse.

The following questions are most often asked by an expert:

1) what is the immediate cause of death;

2) when death occurred;

3) what injuries are present on the corpse, their nature, location and origin;

4) which of the injuries were inflicted to the victim during his lifetime, which - after death;

5) what is the sequence of damage;

6) in what position was the victim at the time of infliction of damage to him;

7) whether there are signs on the corpse indicating a struggle or self-defense;

8) whether the death of the victim occurred immediately after the injury was caused to him, if not, after what time;

9) whether the victim took food or alcohol shortly before death, for how long, what kind of food, how much alcohol;

10) whether the deceased was taking drugs;

11) what is his blood group.

If the deceased is a woman, the question is also raised as to whether she was in a state of pregnancy.

When appointing a forensic medical examination of physical evidence, the following questions are usually posed: are there traces of human blood (saliva, semen) on certain objects, what are the group, type and other features of the blood; what is the prescription of the formation of traces; whether the hair found on a particular object belongs to a person; they are torn out or fell out; whether they belong to a man or a woman; whether they are similar to the hair of a certain person, etc.

Recently, it has become possible to identify a specific person based on genetic information contained in biological particles (for example, a piece of skin) and fluids (blood, saliva, sweat). When providing the expert with a sufficient amount of fresh, well-preserved biological material, as well as samples for a comparative study, it is possible to conduct a genoidentification examination. Such examinations are carried out in genetic research laboratories equipped with special equipment and materials.

At the initial stage of the investigation of murders, in addition to the forensic medical examination of the corpse and material evidence, other examinations are also assigned, most often forensic (trasological, forensic ballistic, edged weapons). Typically, such examinations are ordered when the suspect is unknown and it is extremely important to obtain any information about his personality, as well as about the instruments of the crime. In particular, by examining the traces of shoes found at the scene and not belonging to the victim, the issue of height and some other physical data of the person who left them is resolved.

Among the examinations that are most typical for the subsequent stage of the investigation of murders, first of all, are forensic: traceological - in order to identify the criminal by the traces of hands, feet, shoes, teeth, to establish the whole in its parts (for example, a knife seized from a suspect, according to a piece of a knife left in the body of the victim), a vehicle on the tracks of tires, etc.; handwriting - most often to identify the suspect from letters threatening the victim or other handwritten texts; forensic ballistic - to identify the weapon from which the shot was fired, to establish the place where the shooter was, etc., as well as the examination of edged weapons.

From non-forensic examinations, forensic examinations of substances, materials and products (studies of micro-objects) are often carried out. Usually, with their help, it is established that the suspect and the victim touched each other (for example, when microparticles of the skin of the alleged killer who died under the nails were found) or that one of them was in a certain place (if microparticles of the suspect’s or victim’s clothing can be found on pieces of furniture or on car seats). Sometimes the results of such an examination are of decisive importance in the case, as they make it possible to refute the killer's alibi.

For the study of traces of soil origin on the corpse, clothes and shoes of the murdered or suspected in order to establish that these persons could be in a particular place, a forensic soil examination is appointed; in case of murders by poisoning - examination of substances, materials and products, etc.

In addition, at the next stage of the investigation into murder cases, a forensic psychiatric examination of the accused is almost always ordered. For its resolution, questions are raised: did the accused suffer from a mental illness at the time of the crime; whether he is currently suffering from a mental illness; whether the accused was in a state of temporary mental disorder during the commission of the crime, which did not allow him to be accountable for his actions and manage them; whether he is sane in relation to the act incriminated to him.

5.8. Forensic characterization of rape

The direct subject of a criminal assault during rape is the sexual integrity of a particular woman. In this case, the victim suffers physical, moral, and often also material harm.

Physical violence against the victim can be carried out: in the form of beating, strangling, tying her, sometimes the rapist carries out his plan after a long struggle, when the victim is exhausted and can no longer resist him. Often there is no struggle at all during rape - if the perpetrator or criminals paralyze the resistance of the victim, threatening to kill or cause harm to health. Practice also knows many cases when, for the purpose of rape, the victim is first brought to a helpless state by alcohol or drug intoxication.

During rape, there are usually many material traces - on the body of the victim, her clothes, at the scene of the crime, as well as on the body and clothes of the rapist. In addition, ideal traces almost always remain - the victim names the criminal or can describe his appearance in sufficient detail.

The most difficult in this regard are cases when violence is committed in a deserted place, at night, if the perpetrator attacks the victim suddenly, bringing her into an unconscious state, for example, throwing a noose around her neck from behind. Disclosure and investigation of such crimes is often associated with great difficulties.

Most often, rapists are people with whom the victim was more or less familiar. Attacks on women by complete strangers are much less common.

As a rule, rapists are persons with pronounced hooligan inclinations, showing cynicism and disrespect for society in their behavior. Victims are most often girls or women whose behavior shows elements of frivolity, licentiousness, which give the impression of being easily accessible sexually (willingly agree to casual acquaintances, go to the house of unknown people, drink alcohol, etc.). Another category of victims is, on the contrary, still inexperienced young girls who, due to their naivety, sometimes turn out to be victims of rapists.

5.9. Typical situations and the program of actions of the investigator at the initial stage of the investigation of rape

In cases of rape, there are two typical situations that arise at the initial stage of the investigation:

1) when the applicant names a person known to her as the rapist or when it is not difficult to identify the suspect;

2) when the crime is committed by an unknown victim, whose search is difficult.

The first situation is characterized by the following range and sequence of initial investigative actions: interrogation of the victim; her examination, examination and seizure of her clothes; inspection of the scene; appointment of a forensic medical examination of the victim; detention, personal search, examination of the suspect, examination of his clothes; interrogation of witnesses.

Often, at the initial stage of the investigation, a search is also carried out at the place of residence of the suspect.

The second situation is characterized by the same actions in relation to the victim (interrogation, examination, inspection and seizure of clothes), inspection of the scene, appointment of a forensic medical examination of the victim, as well as a forensic medical examination of material evidence (if traces of blood or any other secretions of the body of the rapist) and forensic examinations (most often traceological). The purpose of all these investigative actions is to obtain as much data as possible to search for the criminal and to expose him, after the rapist has been identified.

In addition to investigative actions, in the second situation active investigative measures are carried out: the use of a detection dog; study of persons previously convicted of rape or prone to committing it; search involving the victim; setting up ambushes in places where rape is most likely to occur; search with the help of female employees of the Department of Internal Affairs; asking for help from the population, etc.

5.10. Examinations in cases of rape

When appointing a forensic medical examination of the victim, the following questions are posed to the expert:

1) whether the hymen of the victim is broken and what is the duration of the violation;

2) whether there could be a violation of the hymen without sexual intercourse;

3) whether the victim had had sexual intercourse in the recent past; if yes, when exactly;

4) whether there is sperm in the vagina or on the body of the victim; if yes - what is the group of sperm;

5) what bodily injuries the victim has, what are their nature, prescription, location, severity; whether these injuries are characteristic of forced sexual intercourse;

6) whether the victim is infected with a venereal disease; if yes - what is the duration of infection;

7) whether the victim has signs of pregnancy, if so, how long ago the pregnancy was.

If traces can be found on the clothes of the victim and on other objects that may represent the secretions of the body of the rapist, a forensic medical examination of material evidence is assigned. It addresses, in particular, the following questions:

1) whether there are traces of blood (saliva, semen) on the items presented to the expert; if yes, to which group they belong;

2) what is the regional origin of the studied blood (what area of ​​the body does it belong to);

3) whether the hair belongs to a person or an animal; if a person - what part of the body they belong to;

4) the person of what gender does the hair belong to;

5) they fell out or were torn out, etc.

When appointing a trace examination, questions are raised about whether traces were left at the scene of the incident:

1) shoes of the suspect or victim;

2) teeth on the body of one of the participants in the event - with the teeth of another participant;

3) fingers on the surfaces of various objects (room furnishings, handbags) - fingers of a particular person.

With the help of a forensic soil examination, it is established, in particular, whether the particles of soil (dirt) on the shoes of one or both participants in the event do not belong to a specific area.

The following questions are most often raised to resolve the forensic examination of substances, materials and products:

1) whether there are fiber layers on the clothes of the suspect from the clothes of the victim and vice versa;

2) whether there was any contact between the clothes of the suspect and the clothes of the victim.

Positive answers to these questions often disprove the suspect's assertion that he "did not touch" the victim and are of significant evidentiary value.

In some cases, if the victim was brought into a semi-conscious state with the help of alcoholic beverages of unknown origin (for example, wine, in which the criminals mixed sleeping pills) or drugs, a forensic examination of substances, materials and products is also assigned. If necessary, forensic psychiatric and forensic psychological examinations are also carried out. A forensic psychological examination is usually ordered if the victim is a minor or minor, or if there is a certain illogicality in her behavior at the time of the rape. The expert opinion is intended to explain the circumstances of the event from the standpoint of psychology and allows the investigator and the court to correctly assess the situation.

5.11. Forensic characteristics of robberies and assaults

Most robberies and assaults are committed with the aim of taking possession of the personal property of citizens (tearing off hats, taking possession of relatively small amounts of money, clothing, food, etc.). Usually such crimes are committed without special training. Criminals act in small groups or alone, most often in open areas (in the streets, in parks, in courtyards of houses), in the evening, although there are cases when robberies and robberies are committed during the day.

Robbery and robbery attacks aimed at taking state property or the property of commercial structures (on cash vaults, currency exchange offices, cashiers, collectors), as well as on taxi drivers, personal vehicles and citizens' homes are much less common, but they represent the greatest public danger. Such crimes are usually committed by organized groups; as a rule, they are preceded by scrupulous advance preparation. Criminals study in detail the security system of the object, carefully prepare the instruments of crime, means of disguise, and look for accomplices.

Among the methods of robbery and robbery, the following can be distinguished:

▪ attacks in open areas or indoors, carried out using the factor of surprise, without the use of violence (bags, hats, money from citizens, things from store shelves, etc.);

▪ attacks in open areas, as well as in courtyards and entrances of houses with the use or threat of violence;

▪ attacks on citizens in residential premises with entry into these premises under any pretext or with the use of violence;

▪ attacks on cashiers, sellers, employees of state and commercial banks, committed on the premises of trade enterprises, financial institutions, post offices and other public or private institutions or enterprises;

▪ attacks on citizens in rolling stock of railway, water and other transport;

▪ attacks on taxi drivers in order to seize their revenue or car, etc.

The mechanism of trace formation during robberies and robberies has a number of features. There are usually few traces of the crime and other physical evidence at the scene of the incident. Eyewitnesses, as a rule, cannot observe the whole picture of a robbery or robbery; in their testimonies they tell only about individual elements of the event. Often there are no eyewitnesses in such cases at all. As for the victims, some of them, due to the nervous shock caused by the crime, perceive the picture of the event in a distorted form.

It sometimes seems to the victim that there were more criminals than in reality, that they were people of "huge growth", "with brutal faces", etc. Therefore, the investigator must be critical of the information received from eyewitnesses and victims, and carefully double-check it, comparing it with other evidence.

Persons committing robberies and assaults often do not work, lead an immoral lifestyle, systematically drink, use drugs. A significant percentage of them are previously convicted (both for similar and other crimes).

5.12. Typical situations and the program of actions of the investigator at the initial stage of the investigation of robberies and assaults

At the initial stage of the investigation of robberies and robberies, the following typical investigative situations most often develop:

1) a person suspected of committing a robbery or robbery is detained at the scene of the crime or immediately after it has been committed;

2) the person suspected of committing a crime has not been detained, but the investigator has at his disposal information that allows organizing his search and detention;

3) there is no or almost no information about the person who committed the crime at the disposal of law enforcement agencies.

In the first of these situations, the following program of actions by the investigator is most appropriate: detention of the suspect, his personal search, if necessary, an examination; interrogation of the victim, if necessary - inspection of his clothes and examination; inspection of the scene; interrogation of a suspect; search at the place of residence of the suspect; interrogation of eyewitnesses; appointment of forensic, forensic and other examinations.

In the second investigative situation, the following sequence of initial investigative actions is appropriate: interrogation of the victim, his examination and examination of clothing; inspection of the scene; interrogation of witnesses; appointment of forensic examinations; ORM.

The third situation, in addition to the investigative actions mentioned above, is also characterized by ORM aimed at identifying suspects and searching for the stolen.

Depending on the time that has passed since the commission of the crime, a hot pursuit is organized. To this end, the relevant territorial and transport police agencies should be oriented. In difficult cases, the patrol service is strengthened, as well as control over vehicles, if there is reason to believe that the criminals can escape in a car. A complex of operational measures is being carried out in places where stolen property can be sold and criminals may appear.

5.13. Forensic characteristics of thefts

Theft, i.e. secret theft of other people's property are among the most common crimes. Most often, thefts are committed from apartments, cottages, garages and other premises belonging to citizens, theft of personal belongings at stations and trains, pickpocketing in markets, shops, public transport, and also on the streets. In this case, the direct objects of criminal encroachments are: money, audio and video equipment, jewelry, clothes, cars, motorcycles, bicycles, less often (in case of theft from summer cottages) household utensils and food. In recent years, crop theft from fields and orchards has become common. Often there are also thefts from shops, from warehouses and other places of storage or sale of material values.

There are many different types of thefts. They can be classified as follows.

1. Theft from premises. They can be committed both by breaking (criminals break locks, wring out or knock out doors, put out windows), and without breaking (for example, by selecting a key).

2. Theft of property of citizens, not related to penetration into the premises. These include: pickpocketing, theft from bags (including by cutting bags and pockets), robbing drunkards, stealing suitcases, bags and other things.

3. Thefts committed by breach of trust. Among them, there are thefts with penetration into the premises, when the victim lets the thief into his apartment or other premises where any property is located, and without penetration into the premises (a typical example is the so-called "theft-subsidies", when a passenger at the station trusts his property to an unfamiliar person and is absent for a short time).

4. Theft of vehicles.

5. Theft from cars.

Of course, only the most typical methods of theft are listed here. Criminals can also use other, including "non-standard" methods. Home burglaries are most often committed during the day when the owners are not at home; thefts not related to penetration into the premises - both in the morning and evening, and during the daytime. Pickpockets operate in crowded places (public transport, shops).

The traces left by criminals when committing thefts are very diverse and largely depend on the types of thefts and the methods of their commission. Thus, during thefts from premises and cars, mainly material traces of the crime remain (burglary tools, hands, shoes, etc.). In the case of thefts committed by abuse of trust, on the contrary, ideal traces predominate (victims, and sometimes witnesses, give a fairly complete description of the criminal’s appearance and confidently identify him). There are almost no traces left when committing thefts of personal property that are not related to entry into the premises (pickpocketing). Sometimes it is possible to reveal them only with the help of operational investigative means and methods.

A significant part of thefts are committed by teenagers, as well as persons who abuse alcohol and drugs in order to obtain the necessary funds for this. Trust burglars, and pickpockets in particular, usually use elaborate techniques that often allow them to commit dozens of crimes. Characteristically, after returning from places of deprivation of liberty, they again commit thefts in the same ways.

Among the thieves, persons with a low general education level predominate. Many of them had previous convictions, not only for theft, but also for other crimes.

5.14. Typical situations and the program of actions of the investigator at the initial stage of the investigation of thefts

For the initial stage of the investigation of thefts, three typical investigative situations are most characteristic:

1) a person suspected of committing a crime has been detained;

2) the person suspected of committing a crime has not been detained, but there is certain information about his identity;

3) there is no or almost no information about the person who committed the crime at the disposal of law enforcement agencies.

Each of these situations is characterized by a specific program of actions of the investigator or the person conducting the inquiry.

In the first investigative situation, the task in the most general terms is to collect evidence of a person's involvement in a committed crime (establishing the specific circumstances of the event, finding the whereabouts of the abducted person, etc.). The most appropriate in such cases is the following program of actions of the investigator: detention, personal search, if necessary - examination of the suspect; inspection of the scene; interrogations of victims (or financially responsible persons) and witnesses; interrogation of a suspect; search of the suspect's place of residence.

The main direction of the investigation in the second investigative situation is the study of the material situation of the crime committed, the collection and consolidation of evidence about suspected persons, stolen property or valuables, and other circumstances of the crime.

In this situation, the following sequence of initial investigative actions is appropriate: interrogations of victims or financially responsible persons; inspection of the scene; interrogation of witnesses; appointment of forensic examinations. Appropriate ORMs are also carried out.

The actions of the investigator in the third investigative situation are characterized by a predominantly research and search orientation. At the same time, the main task is to obtain data on the committed crime using non-procedural means. This situation, in addition to the investigative actions listed above, is characterized by ORM aimed at identifying the person who committed the crime and searching for the kidnapped; for this, a check is carried out according to the method of committing the crime, according to the traces found at the scene, signs of stolen property using forensic records, etc.

Depending on the situations that develop during the investigation, the above standard programs of initial investigative actions undergo partial changes, depending on the tasks facing the investigator, as well as the information received in each specific case.

5.15. Features of the inspection of the scene in cases of theft from the premises

During the inspection of the scene in cases of theft from the premises, one should strive to find out the following circumstances: what is the object from which the theft was committed, what is the environment and approaches to it; from which side the offender entered the place of theft and in which direction he disappeared (the ways of approach and departure of the offender are being studied); how the offender got to the location of material values ​​(in what way, what technical means did he use); what actions and in what sequence were performed by the criminal; how many persons were involved in the theft; what traces of criminal acts remained at the scene of the theft and what traces from the scene could remain on the offender (his body, clothes, tools, stolen objects); whether there are characteristic signs in the traces and on other material objects by which it is possible to determine the age, professional skills, appearance of the criminal, the level of his mastery of thieving techniques; whether there are signs indicating a staged theft, etc.

To find out these circumstances, it is often necessary to examine not only the premises from which the theft was committed, but also the rooms adjacent to it, through which the criminal entered or left. It is advisable to inspect areas adjacent to the scene of the incident (for example, the territory of a store, warehouse, institution), since criminals can drop any items there, leave or hide stolen goods. It is also important to study the places from which the criminals monitored the place of the alleged theft - "thieves' intelligence". In such places, exposed or broken window panes that interfere with observation, with traces of hands or forehead prints, can be found; it is often possible to find traces of shoes, cigarette butts, etc. there.

Depending on the situation at the scene of the incident, the investigator chooses the most rational method of inspection. If the penetration into the premises was carried out by breaking the barrier, the inspection should begin with an examination of the site of the break-in and the adjacent areas of the premises directly to it, gradually moving towards the center of the scene, i.e. use a concentric method of inspection. In the event that the forensic center of the scene is located deep in the room (for example, a broken safe or a wardrobe from which clothes were stolen), it is advisable to carry out the inspection in a combined way: first, inspect the safe or wardrobe, then the front door (even if there are no traces of burglary; penetration into the room with the help of a selected or fake key or master key is not excluded) and continue the inspection, moving along the perimeter of the walls and gradually approaching the center of the room.

It is advisable to look for traces in places where the object has been penetrated (for example, a door squeezed out with a jack, a broken window), as well as on the surfaces of opened or damaged storage places of the stolen. On doors, windows and surfaces adjacent to them, traces of hands, shoes, fibers of clothing, traces of hacking tools can be found, on the floor - cigarette butts, drops of blood (if the offender was injured), soil particles, sometimes spots of saliva and other secretions of the human body. In addition to traditional traces, odor traces can be removed from objects that the offender allegedly touched.

When hacking tools are found at the scene of an incident, their careful examination often makes it possible to detect traces of the criminal’s hands, and sometimes the initials or surname of the owner, to roughly establish his profession, hobbies (for example, wire cutters used to turn off the alarm, if they have handles protected by plastic or rubber, may belong to an electrician, TV repairman, etc.).

When examining the scenes of incidents in stores, warehouses, and catering establishments, it is necessary to pay attention to the signs characteristic of a staged theft. These include: the presence of traces indicating that the locks were broken in a different place and with the mechanism unlocked; the barrier was broken from inside the premises and the thieves are familiar with the features of the premises and the places where valuables are stored; unnecessary, logically difficult to explain numerous damage to the barrier and things in the room; the disorder inside the premises, inadequate to the circumstances of the theft, the absence of only especially valuable items stored in secluded places, the discrepancy between the size of the stolen items and the size of the breach, etc.

5.16. Forensic characteristics of fraud

The direct subject of a criminal attack during fraud is usually money, securities, articles made of precious stones and metals, as well as apartments, cars, radio and video equipment, and clothing.

The most important element of forensic characteristics is the method of committing a crime. It is impossible to list all the ways of fraud; Let's just name the most common ones. Traditional methods include: imaginary mediation in the provision of services or the conclusion of transactions; impersonation by a criminal of himself for another person (for example, a representative of law enforcement agencies); delivery of cash or clothing "dolls"; cheating when exchanging money or buying things; cheating and dishonest gambling; sale of counterfeit money or jewelry ("pharmasonism"); imaginary fortune-telling and sorcery, etc. In recent years, methods of fraud associated with the fictitious conclusion of contracts, as well as illegal receipt of funds from financial institutions using forged documents, have become widespread; the creation of pseudo-firms to attract funds from the population with subsequent appropriation; illegal receipt of insurance by staging theft or destruction of the insured property; fictitious housing deals, etc.

Fraud is most often committed in public places: on the streets, train stations, airports, shops, banks, markets (large crowds of people contribute to the choice of the victim and the quick disappearance of the offender), less often - at the place of residence of the victim or in specially adapted premises (usually gambling dens, "offices" of false enterprises). Crimes usually occur during the day and evening.

In most cases, fraud is carried out with preliminary preparation. It consists in studying the situation and the scene of the alleged crime, thinking over the course of action, making tools and means by which deception will be carried out (for example, forged documents, cash or clothing "dolls"). Sometimes criminals study the way of life of the victims, in order to gain confidence in whom they establish friendly relations, demonstrate competence in any matter, make false calls to the "right" people, seduce the victims with the ease of obtaining material benefits.

It should be noted that a number of methods of fraud (unauthorized search - "acceleration", modern cheating and other gambling) require the mandatory creation of groups of criminals, the roles in which are strictly distributed.

Speaking about the mechanism of trace formation in fraud, it should be noted that the memory of the victims, witnesses, representatives of institutions almost always retains the external image of the fraudster and the way he acts. In addition, fraudsters often leave various things and objects to the victims, for example, money or clothing "dolls", receipts, fake documents, fictitious securities, constituent, registration documents, contracts, invoices, protocols of intent, etc. Fingerprints, various features can be found on them, by which it is possible to establish the belonging of a thing, the place of its manufacture, the owner and other circumstances. It is also possible to search for criminals by handwriting.

It should be noted that in many cases fraud is facilitated by the wrong behavior of the victims associated with the violation of moral standards, the desire to circumvent existing rules.

5.17. Typical situations and the program of actions of the investigator at the initial stage of the investigation of fraud

The following typical investigative situations are typical for the initial stage of a fraud investigation:

1) the perpetrator is apprehended at the scene or immediately after committing the fraud, or his identity and whereabouts are known. Such situations are characterized by the following actions: detention and personal search; interrogation of the detainee; search at the place of residence and work of the fraudster; interrogation of the victim or the person in whose jurisdiction the property was; interrogation of witnesses; inspection of the scene; inspection of items confiscated from the fraudster, as well as items received from him by the victim; seizure and examination of documents with traces of a crime; assignment to the bodies of inquiry for the production of ORM;

2) the offender has not been apprehended, but the investigation has certain information about him. This situation is characterized by: interrogation of the victim or the person in charge of the property; seizure and inspection of items and documents received from the fraudster; inspection of the scene; interrogation of witnesses; presentation for identification of suspected persons by photographic images; assignment to the bodies of inquiry for the production of ORM;

3) the fraudster is known, but his actions are veiled under the guise of legitimate transactions. In such cases, the nature and legal basis of the operations carried out by the suspect are examined. Seizure and examination of documents accompanying the fraudulent transaction, identification and interrogation of officials who ensured its commission (for example, notaries, accountants, employees of banks and other institutions) are carried out; searches at the places of residence and work of suspects; conducting audits. It is also necessary to carry out a search for traces of criminal activity, the location of stolen property, and the identification of persons involved in the crime.

5.18. Fraud investigations

Fraud cases may involve a wide variety of forensic examinations. Among the forensic examinations, the following are most often carried out:

▪ forensic handwriting and technical-forensic examination of documents - if the fraud involved documents, securities and other papers, records, receipts, which can be used to identify a person by handwriting or text, as well as to identify facts of changes in the content of the document or text, methods of their execution and etc.;

▪ fingerprinting - for the purpose of identifying handprints on money, wrapping, packaging, objects (documents) received by the victim from the fraudster (and vice versa), as well as on securities, payment documents, other objects and subsequent identification of the persons who left them;

▪ traceological - to identify tools that were used in the manufacture of money or clothing “dolls”, counterfeit jewelry, as well as to establish the whole in parts (for example, a money or clothing “doll” with the remains of the material from which it was made).

In addition to forensic, other examinations are often carried out, which are assigned to study fake jewelry (gemmological), micro-objects (materials science or physico-chemical), medicines (medical-pharmaceutical), etc. Such examinations resolve the issue of the nature, chemical composition and properties of the materials from which certain substances are made.

Forensic examination of substances, materials and products may also be subjected to paper on which a particular text is executed, dyes used in writing this text, etc.

When investigating fraud, various technical expertise is sometimes carried out. Most often, they are appointed to solve the problem of how to make various hallmarks, counterfeit gold coins, marked cards, etc.

Forensic accounting expertise is appointed in case of theft of property of state, public, commercial and other enterprises and organizations. In cases of fraud associated with the theft of funds from financial institutions by making changes to computer programs, a comprehensive forensic accounting and software examination is appointed.

Commodity expertise may be appointed in cases of sale of substandard, counterfeit goods, handicrafts under the guise of imports using foreign labels, emblems, brand names to determine the fact of falsification and their actual value.

5.19. Forensic characteristics of extortion

Extortion - a crime against property, expressed in the requirement to transfer someone else's property or the right to property or to commit other actions of a property nature under the threat of violence or the destruction or damage of someone else's property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information, which may cause significant harm to the rights or legitimate interests of the victim or his relatives (Article 163 of the Criminal Code).

In most cases, the direct subject of extortion is money. Sometimes valuable property (apartments, dachas, garages, vehicles, land plots, jewelry, etc.) or the right to it is extorted. Cases of extortion of state property are extremely rare.

Theft committed by extortion is most often committed by single criminals or small groups. Various far-fetched pretexts can serve as reasons (for example, a debt not returned in a timely manner, causing harm, etc.). At the same time, extortion is often carried out professionally, i. organized criminal groups; it is usually difficult to solve such crimes.

The actions of ransomware can be distinguished by careful preparation. At the stage of preparation, depending on the goals set, criminals acquire weapons, prepare vehicles, collect information about the lifestyle of the future victim, income, circle of connections, profitable business deals, and property status. Particular attention is paid to the search for compromising materials. This information is collected by bribing acquaintances, bank employees, tax inspectors, as well as using the services of security firms and detective agencies.

Having completed the preparation, criminals in various ways make demands for the transfer of property or the right to it. Claims may be made in person, through third parties, by phone, or in writing. When talking on the phone, criminals often hide the natural intonation and timbre of the voice. When preparing letters, the extortionist seeks to change his handwriting as much as possible or compose a text using cut out letters and words from newspapers and magazines.

The requirements of the offender are accompanied by threats (which may apply to the victim, members of his family, property). From the moment of presenting a claim of a property nature, accompanied by a threat, extortion is considered completed.

It is typical for this crime that the perpetrator intends to implement threats after a certain period of time and that they are perceived by the victim as realistically feasible. Criminals themselves determine the time, place and procedure for the transfer of property, while trying to protect themselves as much as possible. If the victim refuses to comply with the conditions of the extortionists or does not comply with them within the established time limits, the gradual implementation of the threats begins, as a rule, by committing other crimes.

To conceal their actions, criminals sometimes force the victim to make fictitious transactions (for example, for the provision of financial assistance) or control his further activities by providing "security services".

When extortion is committed, there are usually no witnesses and few material and ideal traces remain. Traces can be: threatening letters, recordings of telephone conversations, traces of hands, feet, vehicles, the object of extortion itself, and finally, the external signs and features of the extortionist's voice that became known through personal contact.

The subjects of extortion are most often men aged 20 to 35 who do not work or are formally employed by an enterprise. They are usually characterized by a low educational level, a pronounced desire for easy money, cruelty, a tendency to use alcohol and drugs. Among the extortionists there are many previously convicted (according to some estimates, one in three), former athletes and employees of paramilitary units.

The organizers of criminal groups are characterized by analytical abilities, cynicism, strong-willed qualities, the presence of criminal experience, a certain authority in criminal circles.

5.20. Typical situations and program of actions at the initial stage of extortion investigation

For the initial stage of the investigation of extortion, the following investigative situations are typical:

1) the victim filed an application immediately after committing the extortion, without fulfilling the requirements of the criminals;

2) the victim filed an application after full or partial satisfaction of the demands of the criminals;

3) the victim does not want to report extortion, the criminal case was initiated at the initiative of law enforcement agencies.

In the first situation, the sequence of actions of the investigator will be as follows: interrogation of the applicant; control and recording of telephone conversations; examination of the object of extortion before transferring it to the criminal; detention of the extortionist red-handed; searches; inspection of the scene, if necessary. In addition, relevant ORMs are carried out.

The second situation, when the object of extortion is fully or partially transferred to the criminal, is accompanied by the production of similar investigative actions and can develop in several directions:

▪ extortion is multi-episode in nature, the identity of the criminal is known;

▪ extortion is one-time in nature, the identity of the criminal has been established;

▪ extortion is one-time in nature, the identity of the criminal has not been established.

The third situation is the most difficult, since the investigation takes place contrary to the will of the victim, and the range of possible actions of the investigator is significantly narrowed. The reluctance of the victim to apply for extortion to law enforcement agencies can occur for a number of reasons, such as: fear of revenge from extortionists, the commission of crimes by the victim himself, the criminal origin of the subject of extortion; the ability to meet the demands of criminals; the desire to get protection from another criminal group, etc.

In such cases, during the production of investigative actions, the investigator needs to find out the motives for the unfair behavior of the victim and take measures to eliminate the existing obstacles.

When conducting search activities, the coordinated nature of the actions of the investigator and operational workers is important.

In a situation where the identity of the extortionist has not been established, the initial investigative actions, as a rule, are accompanied by the following organizational measures of a search nature:

▪ providing search participants with information about the appearance and special features of the extortionist;

▪ presenting photo albums of registered persons to victims and eyewitnesses of the crime;

▪ verification of data on the method of committing a crime using regional and centralized automated information retrieval systems, records of forensic units;

▪ drawing up a composite portrait of the wanted person;

▪ study of reports, orientations, archival criminal cases in order to identify crimes committed in a similar way.

After establishing the identity of the extortionists and their detention, investigative actions in accordance with Art. 91 of the Code of Criminal Procedure are carried out in the following order: inspection of the scene (place of detention of the extortionist); personal search and examination of detainees; inspection of objects of extortion (when caught red-handed); searches at the place of residence (temporary stay) and work of the extortionist; interrogation of witnesses; interrogation of detainees as suspects; presenting suspected persons for identification to the victim and witnesses; face-to-face confrontations between victims and suspects; obtaining samples for a comparative study; appointment of expertise; organizing the search for accomplices in the crime.

The data obtained at the initial stage of the investigation make it possible to concretize the versions put forward and plan in detail the subsequent actions of the investigator and operatives.

5.21. Forensic characterization of misappropriation or embezzlement of another's property

In the general array of crimes in the sphere of the economy, a significant place is occupied by theft of someone else's property entrusted to the guilty person, by means of its appropriation or embezzlement (Article 160 of the Criminal Code).

In most cases, when misappropriations are made, money, including foreign currency, becomes the subject of criminal encroachment. In connection with the development of the securities market, the interest of thieves in bonds, checks, shares, certificates, bills is increasing. Highly liquid assets are stolen from among commodity-material objects: non-ferrous and precious metals, oil and oil products, electronic equipment.

The choice of the appropriation method depends on a number of objective and subjective factors: the legal protection of certain areas of business, the state of protection, accounting and control at a particular enterprise, the competence and conscientiousness of its leaders, the technical equipment and organization of the plunderers, their personal qualities, the nature of the subject of encroachment. When choosing a form of property for encroachment, robbers primarily focus on the degree of its legal and technical protection.

Preparation for assignment may consist of the following actions: registration of an enterprise only for the implementation of one or more operations for the theft of funds and material values; production of false constituent documents of the enterprise (constituent agreement, charter, minutes of the general meeting); inclusion in the charter of the enterprise of activities that require significant capital investments; obtaining bank loans under the pretext of developing production, mastering new technologies, implementing large-scale construction projects, including conditions for mandatory prepayment in contracts for work, supply, and sale. In order to raise funds, ostensibly for the implementation of various investment programs, the possibilities of advertising in the media are widely used. Overstatement in the purchase documents of the actual costs for the purchase of raw materials for the needs of production allows the thieves to appropriate accountable funds.

Special thoroughness distinguishes the preparation of misappropriations committed by organized criminal groups. Robbers pay great attention to the planning of their criminal activities, the selection and distribution of functions among accomplices, the choice of technical means, and the development of methods for hiding the traces of crimes.

Misappropriation and embezzlement aimed at misappropriation of other people's property are carried out in various branches of economic activity in a variety of ways. Among the universal (applicable without taking into account the specific profile of the enterprise) methods include the following: waste of funds received under the report for the needs of this enterprise, payment for actually unfulfilled work, inclusion of "dead souls" in the payroll, receipt of funds from the cash desk of the enterprise on the basis of fictitious documents (fake estimates, business trip reports, entertainment expenses, etc.), appropriation of raw materials, semi-finished products, finished products, equipment and other property belonging to the enterprise.

There are also various ways of concealing assignments. These include the deliberate bankruptcy of an enterprise, when creditors and controlling organizations create the appearance of a financial collapse, the true cause of which is the theft of monetary and material values. There are cases of transfer of stolen funds to bank accounts of other legal entities and individuals, including those located abroad. It is not uncommon for the frequent change of the legal address and the actual location of the enterprise, its re-registration with a change in name and legal form. Accounting and other documents subject to storage, in which there are traces of criminal activity, are in many cases destroyed by thieves, masking this by loss, fire, flooding of premises.

For this category of criminal cases, typical traces of criminal activity to be detected remain mainly in the operational, technical, accounting, organizational and managerial documentation of enterprises. In the course of studying the circumstances of misappropriation, investigators often encounter such sources of information as the constituent documents of firms, minutes of meetings of founders and shareholders, decisions of enterprise management bodies, agreements and contracts, invoices, checks and receipts, advance reports. Important data for the investigation may be contained in the draft notes of the robbers, their business correspondence, banking documents, and on technical media (floppy disks, video recordings, magnetic tapes). The direct objects of criminal encroachment, property and valuables acquired as a result of theft can also testify to criminal activity.

Data on the identity of criminals include information about their official position, role functions in the appropriation mechanism, the nature of relationships with other accomplices, age, psychological and business qualities. This category of persons, as a rule, is characterized by a sufficiently high educational level, significant professional training and relevant knowledge.

The process of investigating the misappropriation or embezzlement of other people's property is usually associated with the need to study a large array of various documents, a thorough study of the specifics of the financial and economic activities of various organizations and their economic ties, the widespread use of special knowledge, and a significant length of time.

5.22. Tactics of search and seizure in cases of misappropriation or embezzlement of other people's property

Preparation for a search and seizure involves, first of all, determining the range of items and documents to be found and seized. In addition to the information collected by the investigator on the basis of the results of the pre-investigation check and the investigative actions already carried out, it is advisable to obtain advice from an accounting specialist (with the possible subsequent involvement of him in the search or seizure) on the types and content of documentation that can confirm or refute the fact of misappropriation someone else's property. If there is information that the thieves used computer, organizational or other equipment in the process of criminal activity, relevant specialists should be included in the investigative and operational group conducting the search or seizure.

Documents of interest to the investigation may include: minutes of the general meeting, meetings of the board, the supervisory board and other governing bodies; constituent and organizational and administrative documents (charter, memorandum of association, orders and orders); constituent documents of subsidiaries; agreements and contracts with other institutions and a book of their registration; acts of documentary audits of the tax inspectorate, audit commissions, audit firms, and other regulatory authorities; correspondence, powers of attorney, draft notes. Depending on the circumstances of the case, accounting documents are seized: quarterly and annual balance sheets, the general ledger, order journals, documents for accounting for transactions on settlement and other bank accounts, cash book with cashier's reports, documents for accounting for fixed assets, low-value and wearing items, documentation accounting for materials, costs for the production of finished products and their sale.

Through the production of seizures in state institutions, documents are required that necessarily accompany the financial and economic activities of the enterprise of interest to the investigation. In cases where it is inappropriate to try to obtain the necessary information at the enterprise itself, its constituent documents can be familiarized and seized at the territorial branch of the registration chamber, with quarterly and annual accounting balance sheets - at the tax inspectorate, with obtained licenses for certain types of entrepreneurial activities - in the licensing structures of executive authorities. Organizations-suppliers or customers store various types of agreements and contracts concluded with this enterprise, business correspondence, receipts and expenditure documents.

In a bank serving legal entities and individuals of interest to the investigation, agreements on settlement and cash services of an enterprise, payment orders, receipt and expenditure orders, checks for cash receipts, acts on checking cash discipline and other documentation can be seized. Seizure is also carried out in respect of documents and valuables kept by the suspects in individual bank safes.

When preparing for a search at the workplace or in the home of suspects, it must be established whether they have bodyguards, visual surveillance and operational communication devices, technical means of protection, and weapons. It is advisable to establish surveillance over the place of the forthcoming search. The task of attracting additional forces from among the employees of special units to the search is also being solved.

During the search, the goal is to detect and seize documents, as well as draft records, indicating the presence of traces of appropriation of objects of criminal encroachment, criminally acquired values. Minutes of general meetings of interest to the investigation and correspondence of company officials, agreements, contracts, payment orders, check books, prospectuses for issuing securities and their registers, cash and balance reports, waybills, invoices . Safes and workplaces of the suspects, their personal belongings, utility rooms, places of possible hiding places, vehicles are subject to verification. In addition, cassettes with magnetic tapes in answering machines and voice recorders, pagers, floppy disks, computer memory blocks, typewriters with a memory device, and video recordings should also be seized. If there are grounds to believe that the searched person was engaged in forging documents used to carry out the theft, special attention should be paid to the search for printing equipment, paints, engraving tools, printers, scanners, cliches of seals and stamps, their test prints, drafts with test samples of other people's handwriting and signatures .

During the search of the apartments of the thieves, their property is simultaneously seized in order to ensure compensation for material damage.

5.23. Examinations in cases of misappropriation or embezzlement of other people's property

The range of forensic examinations carried out in the category of criminal cases under consideration is quite wide and depends on the method of appropriation and the circumstances to be clarified. Along with the most common forensic and economic expert studies, commodity research, technological, physical-chemical, engineering and some others are also carried out.

Forensic accounting is traditional for investigating misappropriation cases. Its subject matter includes data on the material assets of an enterprise, institution or organization and their sources, financial and economic operations and their results, documentation and reflection of them in accounting. The number of questions resolved by an expert accountant, in particular, includes the following: how is the shortage of certain types of property assets that occurred in a given period in the warehouse characterized in quantitative and total terms; what entries in the accounting registers are not confirmed by primary documents; for what amount and for what transactions was a documented unjustified capitalization or write-off of a certain type of valuables carried out; what is the amount of documented unjustified withdrawal of funds from the cash register or from accountable amounts; whether proper accounting practices were followed for the range of business transactions under study; what deviations from the accounting rules made it difficult to identify data on shortages (surpluses) of inventory items. [10]

In the course of the investigation, it becomes necessary to conduct a financial and economic expertise, the subject of which is actual data related to the formation, distribution and use of income and funds of enterprises and organizations, negative deviations in these processes and financial planning that affected financial indicators and related results economic activity, as well as circumstances conducive to the commission of crimes due to non-compliance with financial discipline.

When examining the circumstances of the production process, a technological expertise is assigned to resolve the following issues: on the compliance of the materials used in the manufacture of industrial products and consumer goods with those provided for by the current state standards and technical conditions; about the violations of production technology that have taken place and their consequences; on actual costs and waste in the manufacture of products; on the condition and characteristics of production equipment at the enterprise.

Commodity expertise is intended to establish the type, type, quality of industrial and food products, their condition, variety, raw materials, method and place of manufacture, methods of packaging, transportation, storage, sale and use of them, determine the causes of changes in the quality and appearance of goods, the manifestation of defects .

Since most assignments, as already noted, are carried out using forged documents, they become the subject of forensic examinations.

Documents are sent for handwriting expertise to identify the executors of signatures and individual entries, additions, and the entire text as a whole. In these cases, the following are subject to study: signatures under the constituent documentation of the enterprise, agreements and contracts, statements for receiving wages; dopiski in expenditure and receipt documents; handwritten text in waybills, estimates, purchase acts, warehouse accounting cards, draft records of robbers.

Technical and forensic examination of documents reveals the facts and methods of manufacturing counterfeit securities, licenses, quality certificates, payment orders, plastic cards, memorial orders and other financial and accounting documentation, as well as passports and identity cards. The subject of the study can also be the technical means used in the forgery and use of false documents: copiers, faxes, scanners, teletypes, printers, software, printing equipment, dyes and chemicals.

In connection with the widespread introduction of automation tools in the field of accounting and settlements of Russian enterprises, assignments made using computer technology are becoming widespread. The methods of committing such crimes include unauthorized entry into computer databases and the implementation of illegal financial transactions, as well as deliberate changes in the software and hardware of measuring and computing systems in order to appropriate someone else's property.

There are a number of cases of this kind known, including an attempt to steal 68 billion rubles. through the intrusion of criminals into the software of the payment systems of a number of commercial banks and the use of modem communications. In such situations, there is a need to carry out computer technical expertise, which has the ability to identify the user and programmer of the computer, restore changed information arrays, identify the fact and determine the method of unauthorized penetration into the computer system.

5.24. Forensic characteristics of bribery

According to the law, the subject of a bribe is money, securities, other property, as well as property benefits.

Benefits of a property nature as one of the types of bribes can be expressed in the gratuitous provision of various material services to the bribe-taker: payment for a trip abroad or free organization of recreation, repair of a car or summer cottage, or construction work during the construction of any objects for the bribe-taker without receiving appropriate payment from him ; "sale" of expensive property for an incomparably low price compared to its real value; registration of a bribe-taker or his relatives for highly paid positions in case of actual non-fulfillment of official duties by them.

The time and place of receiving and giving a bribe, the methods of committing a crime are determined by the nature of the activities of the subjects of bribery, their professional and criminal experience, the organization of the bribe takers, the features of the subject of the bribe, and the development of methods for concealing the crime.

A bribe can be received at any time of the day that is convenient for the contracting parties, but more often this happens during working hours.

Investigative practice knows cases of receiving bribes at the workplace of a bribe taker, bribe giver or intermediary, in notary offices, intermediary firms or other institutions and organizations, when they are veiled under a legitimate transaction (for example, a construction contract); in other places that are not crowded or, on the contrary, a large crowd of people, which contributes to the imperceptible transfer of a bribe, including to another person present at the same time, at the direction of the bribe taker; in places where there are yards, randomly located buildings, landscape features that allow them to be used for inconspicuous retreat; near pre-prepared caches, where you can leave for some time the subject of a bribe to withdraw it in the future in order to prevent red-handed detention.

Methods of committing bribery can be divided into a number of types on the following grounds:

▪ by the presence or absence of mediation in bribery:

▪ without an intermediary;

▪ with an intermediary;

▪ by the presence or absence of influence inducing an interested person to give a bribe:

▪ with extortion;

▪ without extortion;

▪ on the content of the official’s actions aimed at satisfying the interests of the bribe-giver:

▪ using illegal official actions (inaction);

▪ using legal actions (inaction);

▪ according to the form of bribe transfer:

▪ veiling a bribe under a legal transaction (registration, for example, of a household contract);

▪ receiving a bribe without veiling.

The mechanism of trace formation in bribery is due to a number of factors, the most significant of which are: the type of bribe, the situation of its transfer, the structural elements that make up the way the crime is committed. Bribery is characterized by ideal footprints, footprints, handprints, indicating the presence of the suspect in a certain place; sales receipts, labels, labels, packaging of the bribe, photographs, personal records, documents confirming the personal or business ties of the participants in the crime, unusual or illegal actions of an official in the interests of the bribe giver, etc.

5.25. Typical situations and the program of actions of the investigator at the initial stage of the investigation of bribery

At the initial stage of the investigation of bribery, the following most typical situations may arise.

1. There is a statement of a specific person about giving them a bribe (one-time or systematic). The applicant is ready to participate in the exposure of the bribe taker, who is not aware of the fact of the application.

In such cases, the following is carried out first: the interrogation of the applicant; inspection of the alleged subject of the bribe; if necessary - listening and sound recording of telephone conversations, as well as the relevant ORM. Then, based on the results of these investigative actions and measures, the bribe-taker is caught red-handed, his personal search is carried out; interrogation of the detainee; interrogation of witnesses, which may also be persons who took part in the detention of the bribe-taker; searches at the places of residence and work of the detainee, seizure of his property; seizure of official documents. Sometimes at the initial stage of the investigation, forensic examinations are appointed.

2. There is a statement or operational information about a specific fact (facts) of the transfer of a bribe to an official and the performance by him of certain actions in the interests of the briber; the bribe-taker and the bribe-giver are not aware of this.

In this situation, at the initial stage of the investigation of a criminal case, the following are carried out: interrogations of witnesses whose statements or messages served as a prerequisite for preliminary verification, as well as other persons who have information about the circumstances of the crime and are ready to help expose bribe-takers; seizure and inspection of official and other documents that may contain information about the actions (inaction) of an official in favor of the briber; if there are grounds for this - searches at the places of residence and work of participants in bribery, seizure of their property; interrogations of suspected persons; if objects of a bribe are found - their inspection; face-to-face confrontations between witnesses and suspects. At the same time, in agreement with the investigator, ORMs are conducted aimed at identifying all participants in bribery, their locations, connections, searching for bribe items, expanding the circle of witnesses, etc.

3. Information about the facts of a bribe came from official sources (for example, reports from institutions, departments on the results of audits, audits, etc., indicating illegal actions of an official in favor of one or more persons); bribe-takers know that law enforcement agencies are interested in their actions.

In this situation, first of all, seizure and examination of official documents are carried out, and then - interrogations of witnesses, including those who participated in audits and other types of audit of financial and economic activities. Otherwise, the circle and sequence of investigative actions are the same as in the first situation. Along with investigative actions, an ORM complex is being carried out.

5.26. Forensic characteristics of the manufacture or sale of counterfeit money or securities

The subject of forgery and sale are bank notes of the Central Bank of the Russian Federation, government securities or other securities in the currency of the Russian Federation or foreign currency and securities in foreign currency, if they were in circulation at the time of the crime. Counterfeiting banknotes or securities that have gone out of circulation does not form the corpus delicti of the crime in question. Counterfeiting of metal coins is practically not found at present.

Given the great public danger of counterfeiting, each state is trying to find effective measures to protect its banknotes and securities from counterfeiting. However, improving protection methods does not stop criminals.

There are two types of forgery: partial and complete. Partial forgery has not found wide distribution, since it mainly boils down to drawing or re-gluing zeros cut out from tickets of lower denominations to increase the face value of a fake ticket and is designed for the inattention of the person to whom it is handed, or conditions under which it is difficult to detect signs of a fake ( e.g. elapsed time of day).

With a complete forgery, a significant similarity of counterfeit banknotes and securities with genuine ones in shape, color and other features is ensured. Often they are made on paper that is close in appearance to genuine paper, which has an imitation of the security features of genuine paper.

For a complete fake, the following methods are characteristic: printing (offset, photozincographic, phototype), copying, photographic, combined.

Forgery of money in the printing method consists in the manufacture of special printing forms and obtaining prints from them, which achieves a great similarity of fake tickets with genuine ones and the possibility of replicating them in significant quantities.

In recent years, the method of copying with the help of copiers, which is used for color copying, has become widespread, which very accurately reproduces the color gamut of money and securities.

The combined method is a combination of printing and copying methods. Counterfeit bills made in this way are difficult to distinguish from genuine ones.

Despite the high quality of forgeries, counterfeit banknotes and securities can be detected by the signs that appear in them, which are characteristic of specific methods of their forgery.

For example, the signs of offset printing are the absence of thickening of the ink along the edges of the strokes and the deformation of the paper. With the photozincographic method of forgery, deformation of the paper, uneven distribution of the dye in the strokes, thickening of the coloring layer along the edges of the strokes, their unevenness and more intense coloring are observed. Phototypes are characterized by: a fuzzy image, doubleness and blurring of lines, deformation of small elements and letters, pallor of color. Counterfeit currency and securities made using copiers are distinguished by a grainy display of strokes, gloss and superficial overlay of the dye, the presence of dots ("goosebumps") in blank areas and the background of banknotes.

The location of the crime depends mainly on the methods of forgery and other circumstances. Often counterfeiting is carried out at the location of copiers and photographic equipment, relevant materials, as well as in garages, basements, sheds. The sale of counterfeit money occurs more often in markets, train stations, at currency exchange points; there are frequent cases of using "fakes" in a taxi to pay for fares at night.

The variety of ways to counterfeit banknotes and securities corresponds to a wide range of traces of its commission. The most typical of them are:

▪ technical means of counterfeiting (printing presses, cliches, presses, installations for photo reproduction, copying equipment); drawing instruments, brushes, paper cutters or scissors, numberers, samples and stencils for inscriptions, foundry molds, punches for stamping, crucibles, forges, blowtorches, as well as equipment for electroforming in cases of manufacturing counterfeit metal banknotes;

▪ raw materials and consumables: special grades of paper, copy paper, photographic materials, glue, as well as soft metals and salts of precious metals;

▪ counterfeit paper and metal money, blanks of paper and metal money, genuine money with traces of tattoos or cut out elements (for example, cutting out zeros), with a washed-out image, carbon paper with traces of copying banknotes and securities, their sketches, etc. .;

▪ handprints, micro-objects, and other traces on raw materials, counterfeit money and other items that may become objects of expert research to identify persons involved in counterfeiting.

Counterfeiters can be both individuals and persons belonging to criminal groups. For criminal groups, it is typical that all actions for the preparation, manufacture and sale of counterfeit money and securities are carefully planned and carried out under a single management, with a clear distribution of roles and specialization, with strict secrecy. Such groups, as a rule, are equipped with modern technical means and technologies that ensure the high quality of counterfeit products.

Organized formations of counterfeiters involve artists, photographers, specialists in printing companies, operators of electromultiplier equipment into criminal activities - as a rule, they have no criminal record, leading an outwardly normal lifestyle, purposeful and patient, capable of devoting years to mastering tools, studying technologies and acquiring skills to achieve the expected result.

5.27. 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

The following typical situations are typical for the initial stage of the investigation of criminal cases on the facts of counterfeiting.

1. Found counterfeit banknotes or securities; manufacturer and distributor unknown.

In this situation, the following initial investigative actions are carried out: a detailed interrogation of the person who discovered the fakes, about the circumstances of their appearance and the likely distributor; inspection of counterfeit money or securities; inspection of the scene; inspection of individual items on which traces of the dealer could remain; interrogation of witnesses; appointment of a comprehensive examination of counterfeit money or securities in order to establish metals, grades of paper, dyes, technological processes, devices and equipment used in their production, as well as other examinations. At the same time, search operations are carried out to identify and check near the places of sale of fakes of financial, trade institutions, including those engaged in foreign exchange transactions, as well as citizens who, by their actions, cause reasonable suspicion, collect information about the appearance of a potential distributor, etc.

Based on the investigative actions carried out, versions of the possible circle of persons involved in the crime are put forward and verified:

1) have been criminally charged in the past for counterfeiting, forgery of documents and similar crimes;

2) with the skills of engravers, printers, photographers, zincographers, etc.;

3) having access to raw materials, equipment and apparatus that can be used in the production of counterfeit money.

2. A person detained while trying to sell a counterfeit banknote or security denies his involvement in the crime.

At the initial stage of the investigation in this situation, the following are carried out: interrogation of the detainee about the circumstances of the appearance of counterfeits and their implementation, inspection of counterfeit money, inspection of the scene, interrogation of witnesses (if any), appointment of examinations. If there are sufficient grounds, searches may be carried out at the places of residence and work of the distributor, in his garage, shed, dacha, etc. At the same time ORM are carried out.

3. A person is detained while selling counterfeit money; the detainee admits that he is a distributor, names the manufacturer.

In this case, the same investigative actions are first carried out as in the second situation, and then the manufacturer is detained, his detailed interrogation, searches at his places of residence and work, interrogations as witnesses of persons who have any information about the crime. At the same time ORM are carried out.

5.28. Forensic characteristics of crimes related to illicit trafficking in narcotic drugs or psychotropic substances

In accordance with the Criminal Code, crimes related to drug trafficking include:

▪ illegal acquisition, storage, transportation, production, processing of narcotic drugs, psychotropic substances or their analogues (Article 228);

▪ illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues (Article 228.1);

▪ violation of the rules for the circulation of narcotic drugs or psychotropic substances (Article 228.2);

▪ theft or extortion of narcotic drugs or psychotropic substances (Article 229);

▪ inducement to consume narcotic drugs or psychotropic substances (Article 230);

▪ illegal cultivation of prohibited plants containing narcotic substances (Article 231);

▪ organizing or maintaining dens for the consumption of narcotic drugs or psychotropic substances (Article 232);

▪ illegal issuance or forgery of prescriptions or other documents giving the right to receive narcotic drugs or psychotropic substances (Article 233).

Drugs are substances that, when used, cause a special mental state (drug intoxication), to which a person gets used very quickly and begins to experience a constant and ever-increasing need for their further use, which ultimately leads to drug addiction and irreversible changes in the central nervous system. system. In this regard, narcotic drugs are prohibited by law for use outside of medical and scientific purposes.

By origin, drugs can be divided into two groups: vegetable (natural, natural) and synthetic. There are also semi-synthetic drugs.

The most widespread drugs in Russia are handicrafts made from narcotic varieties of hemp and opium poppy, as well as medical preparations of the opium group.

The main types of narcotic drugs homemade from hemp include: marijuana (cannabis), hashish (anasha), hash oil.

One of the main types of drugs handicraft made from poppy is raw opium - a thickened milky juice that is released from cuts in green poppy pods. It can be processed by evaporation and other methods.

These types also include: poppy straw - poppy boxes and stalks (whole, crushed, pressed); extraction opium, obtained by extracting narcotic alkaloids with water or solvents, followed by evaporation to a resinous state; infusion or decoction of poppy straw (koknar).

A strong drug is cocaine - obtained from the leaves of the South American plant "coca", a natural alkaloid.

Medical drugs containing drugs include: tincture of opium, morphine, codeine, noxiron, etc. They are found in various types of packaging (vials, ampoules, powders, tablets).

In recent years, new, previously unseen narcotic drugs have appeared in illegal circulation in Russia. This is heroin (one of the most dangerous drugs, because it very quickly causes persistent addiction), as well as lysergic acid and its derivatives (LSD). Lysergic acid is not used in its pure form, but serves as an initial component for the production of narcotic drugs of the LSD group, which have a strong hallucinogenic effect. As a rule, LSD is applied to perforated paper with repeating images (a heart, a letter, an image of an animal, etc.).

Amphetamines, synthetic substances that are stimulants of the central nervous system, some of which have psychotropic or hallucinogenic effects, are becoming increasingly illicit. Amphetamines are found in the form of solutions, powders, capsules, impregnated paper, but more often - in the form of tablets with logos in the form of images of a crown, a bird, a car, an Indian head, a dollar, etc.

The main ways of committing this type of crime:

▪ theft of narcotic substances from processing plants, pharmaceutical warehouses, as well as from pharmacies, medical, research and other institutions;

▪ obtaining drugs from pharmacies and medical institutions using counterfeit and illegally written prescriptions;

▪ illegal sowing of poppy and hemp with subsequent extraction and processing of narcotic substances;

▪ travel for the purpose of procuring drugs to areas where poppy and hemp are cultivated or there are significant areas with wild plants of these species;

▪ extraction of drugs from medicinal substances containing them;

▪ drug smuggling;

▪ acquisition of drugs through purchase, exchange, borrowing and other means.

The most common way to acquire and sell drugs is to sell them at retail, usually in small doses designed for one-time consumption.

Typical drug distribution locations are crowded places: markets, parks, subway stations, hotels, restaurants, places of entertainment, and brothels.

Often traffickers operate in groups where roles are pre-assigned: one offers drugs, another monitors from a distance to warn of danger, a third stores drugs. Some traffickers use children and teenagers to sell drugs to ensure their safety. There is also a so-called contactless way of selling drugs. In this case, the dealer hides pre-packaged narcotic drugs in various places (under a stone, in a fence gap, mailbox, tree hollow, etc.). Having received the money, the dealer indicates to the buyer the place where the drugs are stored.

The main ways of consuming narcotic drugs are: smoking, inhalation, swallowing, subcutaneous, intramuscular and intravenous injections. A combination of different methods is also possible.

You can identify a drug addict by his appearance and some behavioral reactions that appear after taking a particular drug. The duration of the use of narcotic drugs is evidenced by characteristic external signs: general exhaustion and decrepitude (baldness, wrinkling of the face, loss of teeth, discoloration of the skin, yellowness, earthiness). The behavior of a drug addict during the period of drug starvation is especially characteristic and cannot be disguised. Attention is drawn, in particular, to motor excitation, aggressiveness, sweating, hand trembling. With the introduction of the drug by injection, there are numerous traces of injections on the body, scars, scars, damage to the veins. In addition, the saliva, urine, hair, blood of drug addicts contain traces of narcotic substances.

Traces of narcotic drugs also remain on various items used both for the manufacture of drugs (scales, sieves, meat grinders, knives, etc.), and for their transportation, sale, use, purchase (plastic and paper bags, bags, bags, needles, syringes, cotton and gauze swabs, juice cans, etc.). When transported by road, gas tanks, radiators, bumpers, spare wheels, car interior and trunk, rear axle and other parts and assemblies of the vehicle can be used for concealment. Recently, the facts of transportation of drugs in suitcases and boxes with a double bottom or double walls have become more frequent.

5.29. Examinations in cases of crimes related to illicit trafficking in narcotic drugs or psychotropic substances

In cases of this category, the following types of forensic examinations are traditionally assigned: substances, materials and products, botanical, medical, psychiatric, biological, narcological, forensic.

The objects of examination of substances, materials and products are narcotic drugs of handicraft and industrial production, raw materials for their manufacture, their traces on dosing devices (scales, spoons, dishes), consumption (tubes, syringes), packaging, storage, clothing.

The following shall be sent for examination: seized narcotic drugs, particles of narcotic plants, objects with traces of a narcotic substance, devices for drug consumption, clothing, cigarettes (cigarettes) seized from the suspect, washings from the hands of the suspect, etc.

When sending plant objects for examination, it is necessary to ensure the safety of all parts of plants: inflorescences, leaves, stems, bolls, etc.

Experts are usually asked the following questions:

1) whether the substance submitted for research is a narcotic drug or a strong pharmaceutical preparation; if so, which ones;

2) what is the content of narcotic active components in the substance submitted for research;

3) how (industrial or homemade) the substance seized from the suspect was made;

4) whether there are traces of narcotic or potent drugs on the carrier objects (the walls of the syringe, ampoules); if so, which ones;

5) whether tobacco products submitted for examination (cigarettes, cigarettes, including smoked ones, tobacco crumbs, etc.) contain narcotic drugs; if so, which ones.

The following questions may be asked before the forensic botanical examination:

1) whether the seeds submitted for examination are opium, oil poppy or hemp seeds; if so, what kind;

2) whether the seeds of opium or oilseed poppy (cannabis) seized during the search are similar to the samples of seeds of these plants seized from the place of sowing;

3) whether the samples of plants taken from the place of sowing are opium, oil poppy or hemp; if so, what species do they belong to;

4) can this hemp (heads of opium or oil poppy) be used for the manufacture of narcotic drugs;

5) where is the zone of growth of this plant;

6) what is the degree of vegetation of plant samples submitted for examination.

A forensic biological examination is carried out in order to establish the fact of drug consumption by a given person, for which blood, hair and various secretions of the human body are subjected to research.

Based on samples of blood, hair, urine, saliva of the subject, the following questions are posed to the expert:

1) whether there is a narcotic substance in the blood, hair, urine and saliva submitted for examination;

2) if so, which one.

Forensic psychiatric examination solves the following issues:

1) whether the subject had a mental illness at the time of the commission of the act incriminated to him and whether he is sane;

2) whether the accused fell ill after the commission of the crime with a mental illness that deprives him of the opportunity to be aware of his actions and manage them;

3) whether the subject needs to apply compulsory medical measures and which ones;

4) whether the accused has mental deficiencies that do not exclude his sanity and procedural capacity, in what way they are expressed and whether they make it difficult for the accused to defend himself;

5) if the accused has mental deficiencies, does this affect his ability to correctly perceive the circumstances relevant to the case and give correct evidence about them.

This examination, as a rule, is preceded by a forensic narcological examination, during the production of which it is often necessary to appoint a forensic psychiatric examination. Addiction experts answer the following questions:

1) whether the person suffers from chronic drug addiction;

2) whether he needs compulsory treatment for drug addiction;

3) whether there are any contraindications on the part of the health of the subject for such treatment.

A comprehensive forensic and narcological examination can be carried out to address issues of:

1) whether the person is under the influence of drugs or alcohol at the time of the study and what is the degree of intoxication;

2) whether there are signs of recent use of narcotic drugs or alcoholic beverages and how long ago they were used;

3) what could be the degree of drug intoxication at the time of drug use;

4) what drug was used;

5) how the drug was introduced into the body, which one and in what quantity.

Of the number of forensic examinations in this category of cases, traceological, technical and forensic examinations of documents and handwriting examinations are most often appointed.

5.30. Forensic characteristics of arson and criminal violations of fire safety rules

The crimes of this category include: intentional destruction or damage to another's property, committed by arson or explosion (part 2 of article 167 of the Criminal Code); the same actions committed through negligence (part 2 of article 168 of the Criminal Code); terrorism committed by explosion or arson (Article 205 of the Criminal Code), organization or participation in mass riots accompanied by arson, the use of explosives or explosive devices (Part 2 of Article 212 of the Criminal Code); violation of the rules for accounting, storage, transportation and use of explosive, flammable substances and pyrotechnic products (Article 218 of the Criminal Code); violation of fire safety rules (Article 219 of the Criminal Code); destruction or damage to forests as a result of careless handling of fire, as well as by arson (parts 1 and 2 of article 261 of the Criminal Code); sabotage committed by explosion or arson (Article 281 of the Criminal Code) and some others.

The direct subject of a criminal offense in cases of arson is any property (movable and immovable) of material value, the destruction or damage of which causes significant material damage to its owner or legal owner.

The motives of crimes related to the destruction or damage of property by arson, as a rule, are domestic, personal, often mercenary in nature (revenge, jealousy, envy, the desire to receive an insurance premium). However, in recent times, arson has also been committed during showdowns between criminal gangs in order to eliminate or intimidate competitors, provide conditions for systematic extortion, etc.

The most common types of arson are:

▪ use of flammable materials located at the crime scene;

▪ use of pre-prepared flammable materials and devices;

▪ creating conditions at the appropriate facility for the ignition of certain substances or objects from external heat without the use of open fire (focusing the radiant energy of the sun using lenses on flammable paper, rags, shavings), etc.

The forensic characterization of criminal violations of fire rules is different in that its most important element is typical violations of the relevant rules, leading to a fire or creating conditions for its spread. These include:

▪ violation of the rules for installation and operation of heating, electrical and gas networks, electric heating and lighting devices and equipment;

▪ violation of the rules for the manufacture, storage, transportation, and mailing of flammable materials, substances and products made from them;

▪ violation of fire safety rules when performing welding and other fire-hazardous work;

▪ careless handling of open fire.

Residential premises, cultural and entertainment institutions, hotels, catering establishments are characterized by the occurrence of fires due to improper operation of household and industrial electric heating and lighting devices, heating and gas installations, leaving unextinguished cigarette butts in fire hazardous places.

Fires in industrial premises occur in the overwhelming majority of cases due to non-compliance with fire safety rules in the manufacture, storage, transportation and use of explosive and flammable substances, flammable liquids and other flammable materials. In warehouses and retail premises, fires are caused by non-compliance with the rules for warehousing or storage of inventory items, leaving electrical and other heating devices unattended, smoking in prohibited places.

At agricultural facilities, in the forest, fires occur due to careless handling of sources of increased fire hazard, kindling fires, smoking near unharvested or stacked dry herbs and cereals, wooden buildings.

In all cases, the emergence and spread of fires, the onset of serious consequences are facilitated by clutter in the premises, malfunction or lack of primary and automatic fire alarm and fire extinguishing equipment, etc.

The number of fires usually increases in the autumn-winter period, when people spend most of their time indoors and especially when there are cases of centralized heating and lighting shutdowns, which entails the use of fire hazardous means for heating and lighting the premises. In summer, in hot dry weather, the number of forest fires increases sharply.

Despite the destructive effect of fire, as well as the inevitable destruction of a significant part of the traces in the course of extinguishing the fire, a wide variety of traces always remain at the scene of the incident: bottles, cans, canisters, and other containers in which combustible substances could be delivered; traces of flammable liquids on various surfaces; remnants of documents that may indicate the concealment of another crime; various devices and devices for ignition at the appointed time; electrical appliances and electrical installations that could contribute to the emergence of steam, wiring, cables with traces of a short circuit or melting, footprints and vehicles on the outskirts of the fire; objects dropped by the criminal (matchboxes, lighters, newspapers used to pack combustible materials, etc.). Traces of arson can also be found on the suspect's body or clothing: traces of fuel and scorching on clothing, hair, burns and other bodily injuries on the hands and other parts of the body, traces of combustion products on the body and clothing.

Among the perpetrators of arson, there are a significant number of men who are prone to drunkenness, hooliganism, aggressive and quick-tempered, previously convicted. In cases of arson of personal property of citizens, about half of the arsonists were previously prosecuted for other crimes. The vast majority of arson is committed alone. In recent years, in connection with the growth of organized crime, members of criminal groups have used property arson as a means of intimidation when committing other crimes or settling scores with competitors.

Persons who violate the rules of fire safety are distinguished by frivolity, arrogance, careless attitude to the assigned task, optionality, laziness, low professional level, and a tendency to drink alcohol and drugs.

5.31. Features of initiating criminal cases on arson and criminal violations of fire safety rules

The reasons for initiating criminal cases on arson and criminal violations of fire safety rules are statements and reports of citizens, officials, publications in the media, direct detection of signs of a crime by law enforcement agencies.

Solving the issues of initiating criminal cases of this category is a certain difficulty, since the results of the inspection of the scene of the incident do not always allow one to immediately draw a conclusion about the causes of the fire. Given this, as well as the need for timely disclosure of crimes related to fires, the legislator prescribes the immediate initiation of criminal cases in the following cases:

▪ loss of life and other serious consequences;

▪ significant material damage;

▪ availability of information about concealment of another crime by means of fire;

▪ signs of arson or explosion.

In other cases, as a rule, a preliminary check is carried out, the purpose of which is to establish signs of a crime or their absence. A preliminary check is most often carried out by employees of the State Fire Supervision Service of the EMERCOM of Russia.

During the inspection, an inspection of the scene of the incident is carried out, an act is drawn up with the participation of the owner or legal owner of the property (the causes of the fire, if any, must be indicated in the act); technical documentation is requested (general plans of the facility and construction drawings, diagrams of electrical, gas, heating and water supply networks, fire alarm lines, ventilation system; technical documentation for equipment and apparatus; state fire supervision orders, acts of the fire and technical commission, orders and instructions on fire safety, departmental fire safety rules, acts of control checks of electrical, gas and other equipment, act of the departmental commission to investigate the causes of fire, etc.); a survey of eyewitnesses, owners of property, other informed persons is conducted; search and rescue operations are carried out in order to identify the perpetrators, as well as persons who have information about the circumstances of the outbreak and development of the fire.

In cases where signs of a crime are established, the materials of the check are sent to the investigator, who makes a decision to initiate a criminal case, or to refuse to initiate, or to conduct a preliminary check.

5.32. Features of the inspection of the scene in cases of arson and criminal violations of fire safety rules

Inspection of the scene of an incident in cases of arson and criminal violations of fire regulations is recommended to be carried out by an investigative-operational group (SOG) consisting of an investigator, a forensic specialist, an employee of the state fire supervision unit, an investigative officer of the criminal investigation department, an operative officer for combating economic crimes, a specialist in fire equipment, a specialist testing fire laboratory, specialists - representatives of the energy and gas service. If necessary, the SOG may also include: a forensic doctor, traffic police officers, emergency services.

Upon the arrival of the SOG to the place of fire, the investigator organizes the study of the situation, the removal of strangers from the scene and the surrounding area, assistance to the victims, identification of eyewitnesses, obtaining from them primary information about the incident, checks the readiness of the technical and forensic means necessary for the inspection, develops an inspection plan, instructs participants SOG.

The inspection begins after the fire is extinguished and the head of its extinguishing, as well as representatives of the energy and gas service, find out the possibility of safe work of the members of the SOG during the inspection of the conflagration.

After making sure that there are no obstacles to the inspection, the investigator proceeds to the working stage of the inspection of the scene. In the process of a general inspection, he examines the place of the fire and determines:

1) combustion zone - the space in which the combustion of substances, materials takes place, heat is released and combustion products are formed;

2) zone of destruction - the space surrounding the zone of combustion, in which the impact of damaging fire factors on the objects located in it (structures, equipment, etc.) takes place;

3) a zone of concomitant changes - territories and premises adjacent to the first two zones, where actions were taken to extinguish a fire, evacuate people, animals, property, violations in the operation of instruments, equipment, etc. were noted.

The investigator also determines the boundaries of the inspection, the alleged source of fire, the starting point of the inspection and the direction of movement; conducts orientation and overview photography or video recording.

A detailed inspection begins with an examination of the source of the fire. It is determined by the concentration of the most burnt objects, the presence of arson, burnouts - directed deep destruction of materials and structures, "focal cone", i.e. traces of burning in the form of a triangle, the apex of which is directed towards the source of the fire. During a detailed inspection, attention is paid to the search and thorough examination of heat generating, electric and gas installations in the combustion zone; automatic fire detection and extinguishing means; triggered fire alarm sensors; remnants of electrical equipment and appliances with traces of emergency operation, electrical wiring, cables with traces of insulation damage, short circuit; parts of structures, objects, materials on which or in the composition of which the presence of flammable and combustible liquids is expected; containers containing such substances or their residues; parts of equipment, devices with traces of exposure to fire, high temperatures, etc.

Certain difficulties sometimes arise when inspecting electrical and gas equipment. Their inspection and removal must be carried out with the participation of specialists from energy and gas services who:

1) help to establish that the detected gas, electrical equipment and devices are disconnected from power sources and will not turn on accidentally;

2) help the investigator correctly, in compliance with the appropriate terminology, record the name of the detected objects, their brand, basic technical data, type and method of laying wires, cables, etc.;

3) provide assistance in the seizure of electrical and gas equipment, which must be carried out in compliance with established rules. Thus, when wires and cables are detected, parts of them with traces of short circuit, melting, together with the remaining sections (at least 50 cm) are removed; switches, plug sockets, switches, protection devices (fuses, circuit breakers, etc.) are removed entirely with supply wires; sconces, electric stoves, irons, floor lamps, etc. are removed entirely along with the connecting cords.

During the inspection, the preserved doors, locks and other locking devices, windows, walls are also examined. Combustion products (ash, soot, slag, coals, etc.) are examined in order to detect traces of substances and materials used for arson. Both in the hearth and in other places of the conflagration, experimental and control samples of soil, ash, coals, parts of destroyed objects are taken for subsequent expert research.

The corpse found at the site of the conflagration is examined with the participation of a physician. During the inspection, the following is recorded: the location of the corpse (with reference to fixed landmarks, the location of gas or electrical equipment, the use of which could lead to a fire); corpse posture; the form and nature of damage, their localization; the condition of the clothes; the presence on it and near the corpse of traces of flammable liquids or combustible liquids, other flammable materials, containers in which they could be located.

5.33. Examinations in cases of arson and criminal violations of fire safety rules

At the initial stage of the investigation, fire-technical and, if necessary, forensic medical examinations are appointed.

Fire-technical expertise is appointed immediately after the fire is extinguished, which allows the expert to personally get acquainted with the scene. It helps answer a number of questions. Typical questions are: where was the source of the fire; what was the direct cause of the fire; whether these malfunctions of equipment, devices, violations of the technical conditions for their operation can cause a fire; what is the temperature of spontaneous combustion and self-ignition of certain substances; whether spontaneous combustion of these substances, materials could occur under certain conditions; what were the ways of the spread of fire and the conditions that contributed to its development; what products and in what quantity were formed in the combustion process; what time is needed for the complete combustion of a given amount of substances, materials, etc.

A forensic medical examination of a corpse can provide answers to questions about the cause of death, the nature of the injuries, the mechanism and duration of their formation, whether a living person or a corpse was exposed to fire, etc.

At the next stage, traceological, forensic chemical, forensic electrotechnical, forensic technological, forensic explosives, forensic merchandising and some other examinations are carried out in cases of this category.

Trasological examinations are appointed to identify a person, vehicles on the traces found at the scene and on items seized from the accused (suspect), as well as to establish the whole in parts of the items found at the site of the conflagration and seized from the accused (suspect).

Forensic examination of substances, materials and products answers the following questions: what are the substances found at the scene or seized from the accused, what are their physical and chemical properties; whether the combustion products contain impurities of flammable liquids and combustible liquids, which ones; whether spontaneous combustion or self-ignition of substances removed from the fire site could occur under specific conditions (or under what conditions); what substance was in the container found at the scene, whether it is homogeneous with the substance seized from the accused (suspect), etc.

A forensic electrotechnical examination is carried out in order to establish the compliance of the installation of electrical networks, appliances, electrical equipment with the rules for the installation of electrical installations, the nature of violations committed during the operation of electrical facilities; identifying and determining the causes of overloads of electrical networks, short circuits of electrical wires and cables, etc.

Forensic technological expertise resolves issues of violations of design assignments, standards, technological conditions, instructions, other regulations, admitted during the installation and connection of installations, production lines, communications, etc.; malfunctions of mechanisms, various technical devices, non-compliance with the technological process of production as the causes of fires.

With the help of a forensic explosives examination, the ownership of parts, parts of explosive devices, pyrotechnic products, ammunition found at the site of the fire, their tactical and technical data and design features and a causal relationship with fire phenomena are established; the sequence of explosion and fire is determined (what preceded what).

Other investigative actions carried out in cases of this category do not have special specifics.

5.34. Forensic characteristics of hooliganism

The main element of the forensic characteristics of hooliganism is the way the crime is committed. According to Art. 213 of the Criminal Code, hooliganism is a gross violation of public order, expressing clear disrespect for society, committed with the use of weapons or objects used as weapons.

The use of various tools and means in the commission of hooliganism is usually random, although sometimes hooligans prepare them in advance. Of cold weapons and items that replace them, the most typical use of knives, brass knuckles, bicycle chains, chains with weights (flails), various handicrafts in the form of telescopic batons, etc. broken-bottomed bottles ("roses"), sticks, belts with buckles, stones, etc. Anything that might be at the scene of the crime. In group hooliganism, the most active members of the group, the initiators of the crime, usually use the tools to commit the crime.

Hooliganism is committed in various places: in parks, restaurants, shops, apartments, streets, stadiums, etc. It must be borne in mind that hooliganism is usually committed in public, but for its qualification a sign of publicity, understood as the presence of other persons during hooligan actions, is not necessary.

Hooligan actions can be committed at any time of the day, but most often they are committed during leisure time (from 18 to 24 hours).

When committing hooliganism, material traces of the crime often remain. In addition, the ideal traces that remain in the minds of people are of great importance for the investigation. Material traces are mainly found during the inspection of the scene. The most typical of them are footprints, handprints, dents, holes and cuts from the action of edged weapons or objects replacing them, damaged or destroyed property, blood stains, and excretions of the human body.

Features of the method and environment of committing hooliganism are closely related to the personality of the offender. It manifests itself most clearly in group hooliganism. A typical group of hooligans most often consists of two or three offenders who have united by chance (situational). It, as a rule, includes males aged 16 to 27 from among workers, students or unemployed, with secondary or incomplete secondary education, most of them unmarried. The group has a leader, usually previously judged. At the time of the commission of hooliganism, all its participants are most often in a state of intoxication. The group is formed on the basis of joint pastime or residence of its members in one microdistrict (village, village).

5.35. Typical situations and the program of actions of the investigator at the initial stage of the investigation of hooliganism

At the initial stage of the investigation of hooliganism, the following typical situations usually arise:

1) the hooligan is caught at the scene of the crime, the victim is known, there are eyewitnesses and obvious traces of the crime;

2) the hooligan fled the scene, but signs of his appearance and other signs are known;

3) hooligan actions are committed, but the hooligan is unknown.

In the first situation, the investigator (body of inquiry) must first take measures to suppress hooligan actions. Having made a decision to initiate a criminal case, it is necessary to carry out: the detention of the suspect and his personal search; inspection of the scene; interrogation of a suspect; interrogation of the victim; inspection of clothing and examination of the victim and the suspect; interrogation of witnesses; search at the place of residence of the suspect, and, if necessary, at the place of work; appointment of forensic ballistic examination and forensic examination of edged weapons. Depending on the results obtained, the list of investigative actions can be supplemented, for example, by presenting (people or objects) for identification, verifying testimony on the spot, and appointing other examinations.

In the second situation, at the initial stage of the investigation of hooliganism, the following investigative actions are usually carried out: interrogation of the victim; examination of his clothes and examination; inspection of the scene, interrogation of witnesses. The main goal of the investigator is to collect information aimed at establishing the identity of the hooligan and clarifying the circumstances related to the commission of the crime.

The third situation of the initial stage of the investigation of hooliganism differs from the previous one in the lack of information about both the circumstances of the crime and the identity of the offender. If information about hooliganism was received immediately after it was committed, then it is necessary to examine the scene, interview the victim, eyewitnesses, and if signs of a crime are found, initiate a criminal case. Usually, in such cases, the following are first carried out: interrogations of the applicant and the victim, examination of the clothes and examination of the victim, interrogations of witnesses, appointment of forensic examinations.

If a significant amount of time has passed since the moment of the crime, it is necessary first of all to check the materials received, including an inspection of the scene of the incident, since cases of false allegations of hooliganism or the absence of signs of a criminally punishable act in the event are not uncommon. The audit must be carried out within a fairly short period of time.

If the signs of a crime are obvious, patrol units, as well as local inspectors serving the area, are used to detect hooliganism. Together with them, criminal investigation officers who arrived at the scene take the necessary measures to identify and detain the hooligans, block the area of ​​the incident, and organize its examination. If the signs of a hooligan’s appearance are known, a “hot pursuit” of him is organized, a search is organized in places of possible stay (nearby crowded places, public transport stops). Subsequently, it is necessary to take measures to compile subjective portraits and investigative guidelines of the suspect.

If the criminal is unknown, a set of operational investigative measures is carried out, including: interviewing victims and witnesses; examination of the area adjacent to the scene of the incident in order to detect objects that may have been thrown or dropped by the criminal; door-to-door and block-by-block visits; studying the route of movement of the criminal or victim to identify witnesses. Refused materials on facts of hooliganism, suspended and terminated criminal cases are subject to study to identify participants in hooliganism with similar appearance features.

5.36. Forensic characteristics of traffic accidents

Road traffic accidents are divided into types:

▪ vehicle collision;

▪ collision of a vehicle with a pedestrian;

▪ hitting an obstacle;

▪ vehicle rollover;

▪ passengers falling out of the vehicle;

▪ other incidents.

An analysis of accidents allows us to conclude that the largest number of them is the result of a disdainful attitude of drivers, pedestrians and passengers to the rules of the road, in particular: speeding in settlements, at crossing points, crowds of people, near the location of educational institutions, etc. ; reassessment of their capabilities, ignoring specific road conditions (typical for inexperienced drivers); driving a vehicle under the influence of alcohol or drugs; non-compliance with the distance; violation of the rules for crossing intersections, crossings; failure to comply with the requirements of road signs; violation of the rules for crossing the carriageway; unexpected exit to the roadway due to standing vehicles; violation by passengers of the rules of boarding and disembarking; jumping out of a moving vehicle, etc.

The forensic characterization of an accident is notable for its significant originality. Since crimes of this category are committed unintentionally, their typical forensic characteristics lack such elements as the direct subject of the criminal offense and the methods of committing the crime. At the same time, the role of such elements as the mechanism of trace formation and the circumstances of the crime is increasing.

Accidents are characterized by both ideal and material traces. Ideal traces are identified primarily by interrogating all participants in the accident: drivers, pedestrians, passengers, eyewitnesses of the accident, other witnesses, as well as persons responsible for the production and operation of vehicles, heads of transport organizations related to a particular accident.

The material traces of an accident are divided into traces-displays, traces-objects and traces-substances. These traces can be found on the roadway, vehicle and obstacle (another vehicle, structure, person).

Each type of accident has its own material traces. So, when hitting a pedestrian on the roadway, the following can be found: a corpse, traces of blood, parts of clothing, items that previously belonged to the victim; traces of tires of the vehicle, including from braking; parts of parts and parts of the vehicle (glass fragments, etc.); various substances (chips of paint, soil, drops of fuel and lubricants). On the vehicle, as a rule, remain: damage to the body (in the place of collision) in the form of dents, broken headlights, glass; sometimes - the absence of individual body parts (for example, fender liner); the presence of traces of layering (from the clothes of the victim, hair, blood, brain matter, pieces of skin tissue) both directly on the body at the collision site, and on the chassis and bottom of the vehicle. The corpse and its clothes may have damage from parts of the transport with which there was direct contact (traces of tires, as well as layers of soil, fuel and lubricants, chipped paint, glass fragments, etc.).

Considering the circumstances of the accident, it should be noted that the largest number of accidents on the roads occurs in the summer (May - September), i.e. during holidays, trips to the country. The peak of the accident falls on Friday and Sunday, in the evening. In addition, the number of accidents increases on days when climatic conditions impede traffic, reduce visibility (heavy rain, snowfall, fog, ice, etc.).

The subjects of an accident are: drivers, pedestrians (cyclists), passengers, persons responsible for the technical condition of vehicles, as well as officials responsible for the condition of means of communication (roads), signaling or communications, etc.

The bulk of road accidents occur due to the fault of drivers (about 60%), of which one third is committed while intoxicated. The age of the perpetrators is up to 25 or after 65 years, when practical driving skills are either insufficient or have already been lost to some extent.

5.37. Typical situations and the program of actions of the investigator at the initial stage of the investigation of an accident

In cases of road accidents at the initial stage of the investigation, three typical situations are distinguished:

1) the driver and the vehicle are at the scene of the accident;

2) the driver, together with the vehicle, fled the scene;

3) the vehicle is at the scene and the driver has fled.

The most common is the first situation, when both the driver and the vehicle are at the scene of an accident. It should be noted that in this situation it does not matter whether the driver is directly at the scene of the incident or sent to a medical institution or to the police department: the main thing is that his identity has been established and his location is reliably known. The main task in this situation is to establish all the circumstances of the accident and the guilt of specific participants.

The most typical for this situation are the following investigative actions: inspection of the scene (including inspection of the vehicle and, if there are victims, the corpse); interrogation of witnesses of the accident; examination of the driver and the victim in order to establish alcohol and drug intoxication; interrogation of the driver; interrogation of the victim; appointment of forensic examinations.

The second situation is when neither the driver nor the vehicle is at the scene of the incident (there is only information about the event itself and its consequences). The main task in this case is the establishment and detection of both the vehicle and its driver. To do this, the following are carried out: inspection of the scene; interrogation of witnesses, the victim; medical examination of the victim for the establishment of alcohol or drug intoxication; appointment of forensic examinations, as well as instructions to the bodies of inquiry for the production of the relevant ORM.

For the third situation, when the vehicle is at the scene of the incident, and the driver has fled, the same investigative actions are typical (during the inspection of the scene, the vehicle is also inspected). Since drivers who have committed an accident often make false statements about the theft of a vehicle, thus creating a false alibi for themselves at this time, the main task of the investigation in this situation is to expose the perpetrator through both investigative actions and ORM, which are entrusted to the bodies of inquiry.

5.38. Examinations on cases of traffic accidents

Of the number of forensic examinations appointed during the investigation of an accident, the most characteristic are: forensic autotechnical (road transport), forensic medical examination of material evidence (biological), traceological, forensic examination of substances, materials and products. Comprehensive examinations (medical-autotechnical, medico-criminalistic, trasologo-autotechnical) and others may also be assigned, depending on the specific circumstances.

During the forensic autotechnical (road transport) examination, the following circumstances are clarified: what damage is there on the vehicle; when and as a result of which they were formed - before the accident, after or at the time of the accident; at what speed the vehicle was moving before the collision (collision); How fast was the pedestrian moving? at what distance was the vehicle in relation to the pedestrian (another vehicle, obstacle) at various stages of the event (when the pedestrian was on the side of the road, the carriageway, within the visibility zone, etc.); what is the braking and stopping distance of the vehicle; whether it was technically possible to prevent the incident; what is the immediate technical cause of the incident; what circumstances contributed to the accident.

The following questions are most often submitted for resolution by a forensic medical examination: what injuries are on the body of the victim; what are their nature, location, mechanism of formation, sequence of application; what injuries were the direct cause of the death of the victim; when the damage was done; when death came; whether the damage was the result of an accident, and if so, what is the mechanism of their origin (impact, moving, squeezing, etc.); What position was the victim in at the time of the injury? what parts of the vehicle could be damaged; How fast was the vehicle moving? did the victim take alcohol, drugs shortly before death; if so, in what quantity; whether the victim had physical disabilities (defects of vision, hearing); what is his blood type.

When various substances of biological origin (blood, hair) are found on a vehicle, road surface, it becomes necessary to conduct a forensic medical examination of physical evidence (biological), during which the following questions are resolved: is the substance found at the scene of the incident a substance of the human body; if so, which ones; to which group and type it belongs; what is the regional nature of the substance (from which part of the body it comes); what is the age of origin of this trace; whether this substance may belong to the victim, etc.

The objects of study of the trace examination in cases of accidents are the traces of the vehicle left on the road surface and obstacles, as well as objects and their parts that have separated from the vehicle, and traces of the obstacle on the vehicle itself. So, when traces of vehicle tires are found on the road surface, the most common questions are the following: what model of tires left traces at the scene of the accident; on which vehicles tires of this model are installed; what type of vehicle (model) left traces; whether tire marks are left by a particular vehicle; if so, which wheel(s).

When fragments of glass, body parts, clothing are found, a trace examination is carried out to establish the whole in parts.

When the driver leaves the scene of the accident, if the vehicle is at the scene of an accident, it becomes necessary to conduct a fingerprint examination in order to examine the traces of fingers left on various mechanisms, objects of the vehicle (steering wheel, gearshift lever, door handle, window lifter, etc.). P.). In this case, the main question is this: are there traces of fingers left by a specific person.

To establish the homogeneity of a substance found at the scene, the vehicle, the victim, a forensic examination of substances, materials and products (fuel and lubricants, paint and varnish coatings, liquid and bulk cargo) is carried out.

5.39. Features of interrogation of minors

In accordance with the law, the interrogation of a witness or victim at the age of 14, and if necessary - even older than this age - must be carried out in the presence of a teacher. Participants in the interrogation, at the discretion of the investigator, may be the legal representatives of the minor or his close relatives. A defense lawyer has the right to participate in the interrogation of a minor.

It is recommended to instruct the summoned about the rules of conduct before the interrogation. During interrogation, he should not argue, raise questions without the permission of the investigator, and evaluate the evidence. The tone of communication should be even, friendly, but at the same time, the interrogated person must understand that he is participating in the interrogation, and not in the conversation.

Given the increased suggestibility of minors, clarifying and supplementing questions should be posed with extreme caution. Since adolescents during interrogations are often prone to fantasizing, it is advisable to ask control questions. All information provided by minors is subject to scrutiny.

When interrogating a minor victim, the main attention is paid to clarifying the picture of the event, time, place, situation, other circumstances of its commission, obtaining the most complete information about the identity of the criminals, clothing, expressions they used, nicknames.

Sometimes victims, out of a misunderstood sense of camaraderie or because of their own unsavory role in the event, seek to hide the circumstances that are essential to the case. The testimonies of such victims are subject to critical evaluation and re-examination.

Minor witnesses may not be completely frank, since by giving truthful testimony, they thereby incriminate their peers.

When interrogating a minor suspect (accused), the investigator is obliged to clearly state the essence of the existing suspicions or the content of the charges brought. At the same time, it is necessary to popularly explain the special legal terms that qualify his actions as a crime, establish proper psychological contact with him, pay attention to the restoration of the external sequence of events, find out the motives for the crime and other elements of the subjective side of the committed criminal acts - in a word, strive to obtain truthful testimony from him, relating to the entire subject of the interrogation.

Given the fatigue of adolescents, during the interrogation, if necessary, you should take a break, noting this in the protocol.

It is advisable to record the testimony of interrogated minors after the end of the interrogation. Of great importance is an additional means of fixing the testimony of minors - recording on magnetic tape.

5.40. Features of the investigation of crimes committed by members of organized criminal structures

To investigate such crimes, it is necessary to carry out a number of organizational measures.

1. An investigative-operational group (SOG) is being created.

2. A tactical operation plan is being developed to solve the crime and expose the criminals. As part of a tactical operation, as a rule, it is planned:

▪ detention of members of a criminal community at the time of transfer of drugs, weapons, demands for money, etc.;

▪ immediate (simultaneous) searches in apartments, dachas, garages, where there may be items prohibited for circulation, money and valuables obtained by criminal means, etc.;

▪ simultaneous personal search and examination of members of a criminal group;

▪ immediate interrogation of detainees;

▪ seizure of documents from organizations associated with the activities of a criminal community;

▪ seizure of property and accounts.

3. Preparations are underway for a tactical operation.

4. In cases where the victim or witness takes an active part in the process of detaining participants in criminal structures (extortion, transfer of a bribe), the investigator should pay special attention to instructing them: how to behave at the stage prior to detention, what to say in order to maximize the detection of criminal intent how to ensure security, how to use special means of fixing conversations, how to behave immediately before transferring money or items prohibited for circulation, etc.

Ensuring the correct organization of the activities of the SOG includes:

▪ appointment of a group leader;

▪ ensuring sufficient strength of the investigative and operational group, as well as the stability of its core composition;

▪ advance selection of witnesses for searches, etc.

Coordination of the activities of all operational services involved in the implementation process should be ensured.

7. The correct choice of the moment of the beginning of the operation (first of all, it is determined by the alleged transfer of money, drugs, weapons, etc.).

8. Maximum use of the factor of surprise.

Notes

1. Belkin RS Criminalistics: problems, trends, prospects. General and private theories. M., 1987. S. 59; Belkin R.S. Course of criminalistics. T. 5. General theory of criminalistics. M., 1997. S. 112.
2. The authors, adhering to the four-part structure, also include in forensic tactics issues related to forensic versions, investigation planning, and some others. However, it is more appropriate to single out these issues in an independent section, which will be discussed in more detail below.
3. Belkin R. S. Course of criminalistics: In 3 volumes. T. 1. General theory of criminalistics. M., 1977. S. 330-378.
4. Kolmakov V.P. Identification actions of the investigator. M., 1977. S. 73.
5. The classification was proposed by A. N. Vasilevsky in the educational and methodological manual "Forensic-trasological examination". Issue. 4. M., 1973.
6. Belkin R.S. Course of criminalistics. T. 1. M., 1997. S. 309.
7. Belkin R.S. Theory and practice of an investigative experiment. M., 1959. S. 43-53.
8. Belkin R. S. Theory and practice of investigative experiment. M., 1959.P.81.
9. Belkin RS Criminalistics: problems, trends, prospects. From theory to practice. M., 1988. S. 91-92, 94.
10. Rossinskaya E. R. Judicial examination in criminal, civil and arbitration proceedings. M., 1996; Appointment and production of forensic examinations: A manual for investigators, judges and experts. M., 1988. S. 265.

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

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