It’s rare in which film of the detective genre the scriptwriters and directors do not use the technique of introducing their operative employee into the criminal group. His goal is to become one among strangers and find out the information necessary for solving a crime. In forensics, this method is called operational implementation.
Artistic films, despite the exciting plot and the talented play of the actors, are unlikely to convey the gravity of this investigative event. In real life, the method of operational implementation is enshrined in the Federal Law "On the operational-search activity", which indicates in which cases this type of investigation is allowed, which persons may be involved in it, what actions they have the right to take.
When it is possible and necessary to introduce an employee into a criminal group
The criminal situation in the country is still alarming. In addition to the classical crimes of which thefts, murders, and banditry are involved, drug trafficking, the business of providing intimate services, kidnapping for various purposes, economic illegal operations, due to which the country is losing millions of rubles, and corruption have appeared and spread widely.
Not simple lone pickpockets and not gangs of illiterate tramps, but completely educated people who have created entire criminal syndicates, are engaged in such activities. Almost always, they have a clear organization and numerous connections in various circles of society, not excluding the investigative apparatus. Uncovering their criminal activities, not to mention taking them in the act, is incredibly difficult.
Therefore, detectives have to use operational implementation, as ORM (operational search method). According to federal law, it can be applied in such cases:
Evidence of criminal (unlawful) activity cannot be obtained in another way, for example, through procedural actions.
The investigation does not have time to draw up all the necessary documents to institute criminal proceedings, as criminals can evade justice.
There is information about the upcoming crime (for example, the murder of an important politician or an impending terrorist attack), but it is not possible to prevent it without additional information.
In practice, the prompt introduction of criminals into groups is also carried out in other situations, for example, when there are well-founded fears for the lives of specific people, and the investigation does not have enough information to save them.
Also, the introduction as the last chance to solve the case is practiced when the investigation comes to a standstill, or when it is otherwise impossible to bring a high-ranking official in charge of corruption.
Who can be used as an informant
Operational implementation as an ORM is most often carried out by police officers (operational employees). Such people must necessarily be little-known personalities and never as operatives intersect with members of the group.
The implemented employee must be psychologically stable, be able to easily and quickly establish contacts with people, have knowledge of the direction of the criminal group, where they introduce him, so as not to arouse suspicion.
Thus, the following entities can be subjects of operational implementation:
- Employees of operational units (opera), which are officially in the state, but do not advertise their activities (are unofficial).
- Employees on staff and performing their duties publicly (this is a risky option, which is used in extreme cases).
- Any employees of the operational unit who have agreed to the implementation.
- In addition to professional operas, the Federal Law “On Police” No. 3-FZ (Articles 6 and 13) allows the involvement of non-staff employees and any other persons in the operational implementation of the ARD (operational search activity) , if this is useful to the investigation. Of course, this is possible only with the consent of the person to carry out the assigned mission.
In addition to the direct implementation, for the purposes of the investigation it is allowed to recruit people from a criminal group who, for whatever reason, wish to provide the necessary information to law enforcement officials. The law does not prohibit receiving data from such informants for a monetary reward.
Implementation Tasks
It would seem that everything is clear here. The task of operational implementation is to obtain the necessary information. This can be information about drug suppliers and points of sale, about upcoming criminal actions (venue, time, number of participants, and so on), about personal and professional contacts of group leaders.
The implemented employee (confidant) is obliged, for personal safety and for the fulfillment of the assigned task, to behave in such a way as not to raise suspicion of anyone. Often he needs to establish contacts with the main persons in the group, gain confidence in them and become close in order to receive the most reliable data, and if possible even influence crime prevention.
Implementation Classification
For all the apparent clarity and uniqueness of the process, it may differ in some ways.
Types of operational implementation by the number of confidants:
Autonomous (one employee). Using this implementation, the following tasks are solved:
- Clarification of the composition of the group, its leaders, organizers, perpetrators of particularly serious crimes, the role of each member.
- Establishment of specific facts of crimes committed by a grouping.
- Clarification of all persons who witness violations.
- Fixing traces of a crime (for example, a photo).
- Establishing the whereabouts of criminals.
Group This type of operational implementation is most convenient for confidants, but it is often difficult to implement. For it to work, it is necessary to create conditions for cooperation between two or more confidants (effective conspiracy of each, the ability to exchange necessary information, organizational unity).
According to the time to continue implementation, they are divided into types:
- Short-term (only a few hours or days).
- Long (for months and years).
The law states that all information obtained must be documented in an appropriate report. Otherwise, the lawyers of the accused may submit this information as untrue, and the evidence may be declared inadmissible.
In special cases, the report may be replaced by an operational summary or encryption. It is desirable that material evidence be attached to the messages - photos, documents or their copies, videos or any other items related to the investigation.
Objects of operational implementation
Knowing the exact addressee of the operational-search event is required. Objects of implementation may be:
- Crime gang.
- Two or more persons who have created a group by prior agreement.
- "Near-criminal environment." It surrounds the object of interest of investigators.
- Another (not a grouping) object of interest is an operational investigation. For example, an enterprise whose managers are suspected of corruption or tax evasion.
Attorneys of persons engaged in financial, economic or other activities that may fall into the circle of interests warn their clients to be especially wary of new employees, talkative companions trying to make friends, and personal relationships.
Preparatory stage
Operational implementation as an operational-search measure should be clearly planned and carefully prepared. Before starting the operation, the following conditions must be met:
- Understand the objectives of implementation.
- Assess the operational environment in which the confidential will have to work.
- In detail (to the smallest details) to develop an operational plan.
- Calculate the necessary funds for the implementation and get them.
- If several people take part in the implementation, clearly outline their responsibilities and “lose” the situation. These people may not all be confidential. Often, for successful implementation, helpers are needed ("decoy ducks"), who also must masterfully fulfill the roles assigned to them.
- Make an implementation plan.
- Create systems for monitoring and controlling the progress of the operation.
- To organize communication channels and financial support of the implemented employee.
- Comprehensively prepare the confidant. In this case, we mean not only physical training, but also the creation of the required external image, mastery of the behavior style, study of the necessary data.
Rights and opportunities of the confidential
Methods of operational implementation may vary, depending on the situation and circumstances of the case. But almost always a believable legend is created for the confident, on the basis of which he falls into the group. This may be information about his stay in prison or a pre-trial detention center for any crime. In this case, a person must first create a cover, for example, to really put him in a correctional facility for some time. Such information should be accessible to members of the group.
Another way of implementation is based on the fact that a confidant can first become a client of a criminal group, for example, buying forbidden goods (drugs, weapons, etc.) from its members, and then offer its services as an executor of any functions.
Another way is to provide the members of the group with important information for them, explaining their actions by a desire to take revenge on their superiors, leaving the service due to dismissal, or to come up with another plausible verified legend.
Of course. All these actions are agreed in advance and agreed upon with management.
Sometimes gang members may demand real evidence of their loyalty from a confidant, for example, participating in an armed attack or committing a murder.
How the introduced employee should act in this case is stipulated in the Federal Law “On the operational-search activity” (Article 16). It says that confidants have the right to imitate illegal actions, commit minor misconduct and crimes, cause harm (including material) to other persons.
It is strictly forbidden to commit murders and other serious crimes, even under the threat of disrupting the operation.
Implementation and Law
It should be noted that operational implementation is possible only subject to the adoption and approval of an appropriate decision (order). It is compiled on the basis of Art. 8 (part 5) of the Federal Law on the Horde. This order may subsequently become a justifying document for the confidant if he has to commit any illegal acts during the execution of his mission. Such an order exempts him from criminal liability.
Recall that all actions permitted to be implemented by an operational operative are also stipulated in the Federal Law on the ARD Art. 16 (part 4), Art. 75, 37, 38, 39, 40, 41 and 42.
In addition, the credentials of the confidant are recorded in the Criminal Code (Article 24) and in the Criminal Procedure Code (Articles 24, 26 and 28).
If the circumstances are such that the employee has to apply actions not specified in the above articles, the management, on the basis of an implementation order, may petition for a leniency or pardon.
Confidors are prohibited from:
- Conduct inflammatory activity.
- Create evidence and evidence artificially.
- Use technical means that threaten the lives of people or harm the natural environment.
- Commit a murder.
- Engage in criminal conspiracy with members of the group.
Protection and promotion of confidential
Since the concept of operational implementation consists in joining a gang of a police officer, who, if his true status is revealed, can pay his life, a number of measures are being taken to ensure the secrecy of the operation. These are:
- The aforementioned legend (fictional biography or any time period from it).
- Fake documents (passport, diploma, driver’s license and others).
- Another (different from real) registration.
- A very narrow circle of people dedicated to the operation is provided. All information about the ongoing operational implementation and about the confidents are classified as state secrets. Therefore, the actual data on the persons involved in the introduction of criminal groups are stored in folders under the heading "secret."
- In some cases, non-police confidents are protected.
- If a high risk to the life of an implanted person is initially assumed, a target contract is concluded with him, guaranteeing his legal protection.
The Federal Law on the ARD (Article 16. Part 5) provides for a special rule affecting the accrual of length of service and pension on preferential terms for employees working as a confidant. For this provision to take effect, there must be an order to introduce a specific person into the gang.
For informants recruited from among the members of the criminal group, there are also certain incentives. The Federal Law on the ARD (Art. 18, p. 4) states that persons in the criminal community who provide useful information to the investigation are exempted from criminal liability (provided that they have not committed serious crimes).
Examples
Operational implementation is by no means an invention of the modern world. Not a single person in the world will say when it was used for the first time, but it is known for sure that the ancient Greeks and Romans used this technique.
Among the most famous film works in the plots of which this technique was used, one can name the beloved by many the tape "The meeting place cannot be changed."
If we talk about operational implementation as a method of obtaining important information, then you can not get around the role of Stirlitz (Major Isaev). Yulian Semenov created this image on the basis of the life of a real person Vsevolod Vladimirov, who had to be a confidential many times.
A good example of operational implementation is demonstrated in the popular modern series “Chef”. In it, actor Andrei Chubchenko brilliantly played the role of a police officer who joined the criminal gang.
This film shows a wonderful way of introducing it into a gang. In order for the legend of Chubchenko (based on the film by Colonel Viktor Rastorguev) to be believable, he had to spend several years in the area where he lived, like an ordinary prisoner, without the slightest indulgence. Moreover, even the closest and dearest people did not know about the mission he was carrying out.
In real life, there are also many examples of operational implementation. The story of businessman Pavlov, who in October 2009 wrote a statement stating that he was brutally beaten, stolen property, including a car and a large sum of money, and then kept him in an unknown place, “roams” on Internet sites. The operatives worked out many versions.
According to one of them, in the Moscow region there was a group specializing in robbing car dealerships and attacking motorists. It was decided to introduce two police officers into the gang. They provided information about LLC Doroga, where they repaired foreign cars. Here, criminals delivered spare parts from stolen cars. In April 2010, all members of this group were detained.
Operational implementation in the ORD was very widely used in the Soviet era, especially in the prewar and postwar years. Then, former prisoners were often invited as confidants who wanted to take the true path. Because of their habits, they very quickly found common interests with the bandits, and no one was particularly interested in their legends. Therefore, such operations basically ended successfully.
The problems of the operational implementation of confidants, which were former prisoners, consisted in the fact that they often broke down and again became criminals.
In the 50s of the last century, the Mitin gang operated in the Moscow Region, whose members committed a number of resonant crimes. It was decided to introduce a confidant with the call sign "Mishin." It was thanks to his work that he was able to attack the trail of bandits and provide evidence of many of the crimes they committed.
Later, this story formed the basis of the novel “Era of Mercy” by the Weiner brothers, and Stanislav Govorukhin made his famous film about the everyday life of police captain Gleb Zheglov and his assistant Vladimir Sharapov.
Prompt implementation of a police officer in a gang is a very difficult and risky undertaking. But until the criminal situation improves, this method of operational-search measures will remain in the arsenal of the police.