Forensics. Forensic characteristics of criminal violations of occupational health and safety rules (the most important)

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Forensics. Forensic characteristics of criminal violations of occupational health and safety rules (the most important)

Lecture notes, cheat sheets

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87. CRIMINALISTIC CHARACTERISTICS OF CRIMINAL VIOLATIONS OF LABOR PROTECTION RULES AND SAFETY

The mechanism of this type of crime includes the activities of responsible officials and the destructive nature of any harmful factors caused by this activity. The time interval between the activity of the responsible person and the destructive consequences may be different.

Criminals are characterized by internal disorganization, lack of due diligence and caution, excessive self-confidence. The motives for committing such crimes may be false economic, mercenary, careerist, they may also be absent in violations of an unmotivated nature.

Typical investigative situations are as follows:

1) all case materials were collected by a special commission and then transferred to the prosecutor's office to initiate a criminal case. Such a commission is created at enterprises in the event of an accident or catastrophe. Plans and diagrams of the scene, extracts from technical and regulatory documents, expert opinions are usually already attached to the case materials;

2) the case is initiated on the basis of information about the fact of a traumatic incident received from the administration of the enterprise, the Ministry of Internal Affairs, hospitals, and so on immediately after the incident. Information about a traumatic event only indicates the possibility in this case of a criminal violation of safety regulations. At the same time, the situation at the scene of the incident may be completely preserved or undergo minor changes;

3) as primary materials about a traumatic incident at work, there is a statement from the victim or his relatives, materials from the press, public organizations, supplemented by information obtained in the course of a prosecutor's check. Such materials usually contain data on the fact of a criminal violation of safety regulations in a particular production, the circle of persons responsible for the incident. Most often, a month or more passes from the moment of the incident. The scene of the incident is not preserved. This situation is the most difficult to investigate due to the late start of the investigation and the loss of a number of significant factual data.

During the investigation, the following investigative actions can be carried out:

1) inspection of the scene and the corpse;

2) forensic medical examination of a corpse;

3) seizure and inspection of technical and other documentation;

4) interrogation of victims;

5) forensic medical examination of injured victims;

6) interrogation of eyewitnesses of the incident;

7) interrogation of persons responsible for the state of industrial safety and compliance with safety regulations at this enterprise.

At the initial stage of the investigation, a safety expert examination is appointed, an investigative experiment is carried out, it is necessary to inspect the scene of the incident as soon as possible, since its situation at the enterprise is changing very quickly due to production processes.

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

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