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Криминалистика. Криминалистическая характеристика хищений (самое важное)

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72. CRIMINALISTIC CHARACTERISTICS OF THEFT

Methods of theft can be divided into two large groups:

1) theft of valuables recorded on the balance sheet of the enterprise;

2) theft of valuables not recorded on the balance sheet of the enterprise.

In case of theft, the following circumstances are to be established:

1) a specific official or non-official to whom the property was entrusted, the motives for his criminal actions, the characteristics of this person at the place of work and residence, the presence of his property subject to confiscation or seizure to compensate for the damage caused;

2) the composition of the criminal group in group cases, the role of each of its members - the leader of the group, active and secondary participants;

3) the degree and nature of the responsibility of each of the robbers;

4) the method of committing and concealing the theft;

5) the time during which the thefts were committed, the time of each criminal operation and the place where the theft was committed - in general and in relation to individual episodes, the nature and extent of the damage caused by the entire group and each of the participants individually;

6) the type, size, period and reasons for the formation of shortages or surpluses of inventory items and funds, if any;

7) causes and conditions that contributed to the theft.

Depending on typical investigative situations, various investigative actions are carried out:

1) initiation of a criminal case based on the operational-search data of the OBEP apparatus:

a) red-handed arrest;

b) personal search of detainees, search at their place of work and residence, seizure of their property;

c) inspection of documents, if necessary, their seizure;

d) inspections and, if necessary, seizure of items that could be material evidence, inspections of production, storage and administrative premises; inspections of various equipment;

e) interrogation of suspects and some witnesses;

2) initiation of a criminal case based on official materials:

a) inspection and, if necessary, seizure of documents related to the operation recognized by the audit as unfounded;

b) interrogations of persons responsible for the abuses identified by the audit;

c) searches of these persons in order to find objects and documents that may be material evidence, as well as property that may be confiscated by a court decision, an inventory of this property;

d) interrogations of witnesses indicated in the audit materials;

3) the initiation of a criminal case upon the arrest of robbers red-handed, carried out without any preliminary verification. In such a situation, the nature and sequence of actions of the investigator and the operative worker of the Economic Crime Department in the event of an unforeseen arrest of robbers red-handed without preliminary verification are determined by the specific criminal situation;

4) initiation of a criminal case based on press materials, statements of citizens. The sequence of actions of the investigator is determined by the data set out in the press materials, statements of citizens. When acting in the second-fourth situations, the investigator must proceed from typical generic versions:

1) there is a theft;

2) there was no theft, any violations are possible that are not of a criminal nature or have signs of another crime.

Authors: Aleinikov A.G., Salova E.E.

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