Forensics. Features of a bribery investigation (most important)

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Forensics. Features of a bribery investigation (most important)

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81. FEATURES OF INVESTIGATION OF BRIBERY

Typical investigative situations at the initial stage of the investigation:

1) there is a statement of the bribe giver, and he is ready to contribute to the exposure of the bribe taker, who is not aware of this.

When the bribe giver confesses, a preliminary check is usually not necessary.

In this case, the investigator's actions are as follows:

a) interrogation of the bribe-giver;

b) detaining the bribe-taker red-handed (before this, if possible, an inspection of the alleged subject of the bribe is carried out, and after the arrest - a personal search of the bribe-taker, sometimes - his examination);

c) interrogation of the bribe taker;

d) searches at the places of residence and work of the bribe-taker, seizure of his property;

e) seizure and inspection of documents;

f) interrogation of witnesses;

g) conducting face-to-face confrontations;

2) the bribe giver and the bribe taker act in conspiracy; information about the crime came from operational sources; offenders are unaware of this.

In the case when it is necessary to expose both the bribe-taker and the bribe-giver at the same time, at the initial stage it is usually carried out:

a) the detention of both participants red-handed at the time of giving and receiving a bribe, their personal searches;

b) searches at their places of residence and work, seizure of their property; interrogation of suspects;

c) seizure and examination of official documents;

d) interrogation of witnesses;

3) information about the facts of bribery came from official sources. Participants know that law enforcement agencies are interested in their actions.

This situation is the most difficult to investigate. In such cases, usually carried out:

a) interrogation of witnesses;

b) seizure and inspection of documents; interrogation of suspects;

c) if there are sufficient grounds, searches of the suspects.

During interrogation, the following questions are asked:

1) who received or extorted a bribe;

2) were there intermediaries;

3) what was the subject of the bribe;

4) for what the bribe was given or extorted;

5) what is the time, place and mechanism of transfer of a bribe;

6) whether the bribe taker has performed the appropriate official action in the interests of the bribe giver;

7) how this was expressed, in what documents it was reflected;

8) who knows about the fact of giving or extorting a bribe;

9) who can confirm individual facts reported by the applicant.

During the search they are looking for:

1) the subject of the bribe, its packaging;

2) valuables acquired by criminal means;

3) checks, product labels, allowing to establish the fact of the acquisition of a particular thing in a certain period;

4) documents, records containing information about the circle of participants in bribery and the role of each of them;

5) draft documents and documents reflecting actions performed for a bribe.

Forensic examinations are often carried out in cases of bribery:

1) fingerprinting - to identify traces of the hands of criminals on the subject of a bribe or packaging;

2) forensic handwriting - to identify the executor of a document, letter, note, anonymous statement;

3) technical and forensic examination of documents - to establish corrections in a document, forge a signature, seal, etc.

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

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