The concept of an operational experiment is contained in a reference document that defines the key areas of combating organized crime, adopted by decision of the Interparliamentary Assembly of the CIS member states on 02.11.1996. This procedure is a reproduction of the situation, actions or other circumstances to suppress criminal behavior, identify entities committing or preparing unlawful acts. Let us further consider how the operational experiment is carried out, the grounds for this event.
General information
An operational experiment must be distinguished from an investigative one. The latter, in accordance with the CPC, is carried out to verify and clarify information relevant to the investigation. It is carried out by reproduction of actions, conditions, circumstances of a specific event. As part of this procedure, the possibility of perceiving certain facts is checked, a sequence of behavioral acts is established, as well as a mechanism for the appearance of traces of a crime. This event, therefore, has a rather narrow focus.
Investigative and operational experiment have a number of common features. These procedures are both aimed at the artificial creation of an event for subsequent study, sequential fixation and monitoring of the state of the observed phenomenon. It, in turn, changes under the influence of factors that are introduced and controlled by a person carrying out an operational experiment in the framework of operational search measures (ORM) .
Distinctive features
The key feature in the operational experiment is conspiracy. It involves masking tasks, roles, and goals. A very limited circle of subjects is dedicated to the structure and design of the event. The forms of fixing the results obtained have their own specifics. An investigative measure is primarily a procedural action. Its results are recorded in the appropriate form. When performing the procedure in question, an act of an operational experiment, a report or a certificate is drawn up. Moreover, the results obtained during the procedure do not act as evidence, but they acquire a crucial role in the process of obtaining them. The results of the event may indicate circumstances, objects, facts. If they are discovered in a procedural manner, they will act as evidence.
An operational experiment may be unspoken or vowel. It can be performed to identify subjects whose intentions are unknown. An operational experiment is allowed to be carried out with respect to specific individuals acting as suspects, for example. In accordance with this, the procedure under consideration may consist in the non-procedural implementation of special experimental measures aimed at checking the received information, collected information, evaluating versions, as well as reproducing the situation, circumstances, actions, a specific event, clarifying the data that are important in solving the crime, receiving new materials.
Content
Within the framework of ORM, an operational experiment may include the reproduction, creation and use of conditions under which the criminal intentions of the suspects will be manifested, objects of encroachment will be detected, tacit control of objects will be established. The content of the procedure may include verification of information empirically with further fixation of the data and controlled phenomena. Such actions, in particular, include the transfer of a bribe item from an ORM participant to the subject extorting it, establishing objects (drugs, a vehicle, weapons, etc.) that are of interest to the offenders, with subsequent control over them. An operational experiment may include psychological activities. For example, it can be a test of a person’s reaction to the presence of a person, photographs, or objects.
Decree
An operational experiment is allowed by decision of the head of the ORO. It, in turn, is adopted with the sanction of the prosecutor. In some cases, the events are urgent, and the possibility of obtaining this or that information will depend on how soon the operational experiment is completed. The decision in this case is issued without prosecutorial sanction. However, during the day the head of the ORO is obliged to inform him of the actions taken. Not later than 48 hours after the start of the procedure, the official who made the decision on its implementation should receive prosecutorial sanction or stop conducting the ORM. An operational experiment performed in violation of this requirement will be considered unlawful.
Limitations
During the procedure, provocation is prohibited. An operational experiment should not be aimed at inducing subjects who had no illegal intentions to commit a crime. The creation of artificial evidence of an unlawful act or circumstances that may have indictment is also not allowed.
Features
An operational experiment is permitted by law exclusively to identify, disclose and suppress crimes of varying severity. To achieve their goals, ORO employees create conditions that are as close as possible to the situation in which the event under investigation occurred. This means that conducting an operational experiment involves attracting the required number of persons, appropriate transport and technical means. In addition, a proper situation is formed in the place of the procedure (this may be some kind of open area or room).
Classification
What could be an operational experiment? An ARD of the first type is aimed at detecting unknown subjects. Its essence is the use of specially prepared and controlled objects of assault. It can be all kinds of baits, traps, etc. They are located in areas where crimes can be committed. For example, for thefts at train stations, stations in ports, these objects are suitcases, bags in waiting rooms, and thefts from vehicles, respectively, cars or other equipment in parking lots.
In practice, the need often also arises to create small companies, to search for housing, shops selling stolen goods, prohibited goods for sale, in order to detect entities who commit crimes in the economic sphere and are wanted at the same time.
An operational experiment is allowed to be carried out in relation to persons detained red-handedly or reasonably suspected of crimes. This is the second type of procedure. In this case, only documentation and direct detention of intruders is carried out. As a rule, such an operational experiment is carried out in the investigation of bribery, drug trafficking, weapons, and other crimes involving objects and substances prohibited for sale.
Tasks
Operational experiment directed:
- To apprehend an attacker at the time he committed the crime and seize the items present.
- Checking and clarifying information on the involvement of specific entities in certain events of an unlawful nature. In particular, it is assessed whether individuals have the appropriate skills, abilities and capabilities.
- Verification of advanced versions of the crime.
- Establishment of the circumstances of the incident.
- Formation of conditions for the detection of wanted entities, stolen property.
Important point
Before starting an operational experiment, an authorized person must verify the following:
- The nature of the conditions that are being created is reasonably obvious. In this regard, he is correctly evaluated and perceived by a person who performs a deliberate action.
- There is reason to believe that the planned event will identify illegal illegal activities, detect a wanted citizen or stolen property.
- The creation of appropriate conditions is not unjustified due to the nature of the illegal transaction in which the entity intends to participate.
Key stages
Analyzing the practice of using an operational experiment, we can distinguish the following stages that make up a certain algorithm for the actions of employees:
- Obtaining reliable information about involvement in criminal activity.
- Making decisions on the execution of the procedure, issuing an appropriate resolution, creating an experiment plan.
- Implementation of measures to document the illegal actions of suspected entities in the process of carrying out activities, identifying and fixing traces.
- The implementation of the detention of persons at the time they committed a crime or wanted citizens when they were discovered.
Plan
It is necessary for an efficient and clear experiment. The plan is compiled in free form and includes, as a rule, two sections: general and descriptive. The content of the first includes a description of the grounds for the experiment, the circumstances that need to be verified. The narrative includes technical and organizational measures, their sequence and quantity relative to:
- The time and place of the procedure, the list of participants, measures for their secrecy and security.
- The calculation of the required funds and forces, material costs.
- Interactions of different operational groups.
- Response to changes in the environment.
- Certain actions on the use of weapons, the use of technical means of fixing the results and monitoring the progress of the event, transport.
Organizational moments
After determining the purpose of the experiment, the initiator:
- Takes measures to keep secret information about the upcoming procedure.
- Coordinates and works out the optimal form of the experiment with the head of the ORO.
- It solves issues related to the provision of search, technical, material content, as well as interaction with other search groups.
- Obtains permission from the authorities to perform the procedure in accordance with the established procedure.
- Attracts, if necessary, additional employees and services, coordinates their actions.
- He is developing a reliable system of secret surveillance of the object using a complex of operational-search and investigative measures for documenting unlawful behavior and detaining subjects when they commit crimes.
Procedure results
They can be issued in different ways. If the event is carried out to verify the involvement of the subject in the crime, the result is recorded in the act. This document in its form and content complies with the requirements established for the protocol of investigative action, without specifying information considered to be state secrets. The results of the action taken can be used to initiate proceedings and evidence (subject to the established conditions for their presentation), act as supporting material in determining tactics for other operational investigative or investigative actions.