As part of the educational program, future investigators of the Ministry of Internal Affairs will certainly learn how to correctly and correctly investigate criminal acts. There is a general methodology for considering offenses, and there are special approaches that are used for a number of nuances. In particular, a separate method exists for crimes involving minors. Consider the features of a sequential case study process.
general information
The problem of training investigators of the Ministry of Internal Affairs in recent years is especially acute, since the number of criminal acts on the territory of our state does not decrease over the years. Not only the absolute number of committed crimes is growing, but the ratio between serious and relatively harmless offenses for society is changing. In the framework of such a correction of the situation, forensic science comes to the forefront, which allows one to study the features of the situation’s progress and determine ways that would reduce the number of crimes in the foreseeable future.
Modern forensics is a fairly advanced science, and yet experts recognize that the investigating authorities need to be reformed and developed, since in the current state they are not effective enough and efficient. The authorities must oppose the criminal community with a more powerful monitoring tool than it currently has, and this obliges the unification of scholars in the field of jurisprudence and forensics in order to form the most effective theoretical and practical approach to the investigation problem. The modern methodology has developed over many years, but its weakness is the presence of outdated elements.
General method
As part of the training for investigative authorities in educational institutions, students are taught a general theory of crime investigation. This, of course, is an abstraction, which nevertheless allows us to lay down a general idea of ​​the audience about the issue under study. For the first time, Shaver, a Russian scientist specializing in forensics, pointed out the possibility of forming a general idea of ​​the investigation process. He suggested taking into account the methodologies and applying them to investigate isolated cases, based on the peculiarities of the offense - the choice of the method of disclosing the act should depend on them.
The crime investigation technique attracted particular attention of Belkin, a Russian scientist who actually laid the foundation for modern general forensics in Russia. This scientist admitted that it is necessary to formulate such a universal method that would be applicable to various crimes. He first tried to identify its structure. The author tried to create a system that would not depend on the category of an illegal act and would become the basic starting impetus for the application of any particular technique. In science, such developments did not meet with extensive support, and at the moment there are more blank spots than clearly defined rules and sequences that are applicable in practice.
General Provisions
The crime investigation methodology applicable to any case should be such an approach that would eliminate the diversity of forensic views on various internal scientific and applied problems. At the moment, it is necessary to develop such a research program that would allow the use of the latest tools in identifying the perpetrators, regardless of the illegal act.
The crime investigation process begins with an initial step. The main task of the whole work is to determine what exactly happened, who took part, what consequences became dangerous for society. The task of the investigators is to determine where the suspects are located, detain them and determine if there are legal grounds for punishment. If available, preventive measures must be applied. The next step is the investigations, during which the features of the truth are revealed, the perpetrators are prosecuted, their role in the incident is exposed to the public. Forensic agencies are responsible for organizing preventive measures and providing redress for damage if it exists. If other tasks, stipulated by procedural legislation or criminal laws, are inherent in a particular case, they also need to be solved.
Step by step
Each of the stages of the investigation of crimes is divided into additional. The internal structure of the steps is almost identical to each other. It is necessary to characterize what are typical situations, what is the content, what are the versions of the investigation. This takes into account how much initial data the forensic structure responsible for the investigation has, what type of start-up information is. The investigator's task is to draw up an investigation plan, apply a standard program, special operations and tactical combinations. Their number is determined by how many varieties of starting information the investigation has. The number of tasks assigned to investigators and the number of versions generated by the working group play a role.
The final stage of the investigation of crimes is the formation of tactics of the investigation in relation to a specific case. The investigation team must determine what tactics and simplified combinations will be effective, and develop their combinations. It is necessary to analyze evidence that should be confirmed in order to use it further for the prosecution. The complex of such facts within the framework of one case depends on what is the mechanism of the studied criminal act.
Combinations and their features
Both the initial stage of the investigation of crimes and the subsequent involve the use of various actions and algorithms that are effective for a specific purpose. Composing complex combinations, the working group should include in them such actions to search, investigate, operational measures that would comprehensively form a single algorithm that meets the current circumstances. The choice of tactics is based on the versions of the investigation and the intent of the team leader. The tactics of individual events should not be disclosed to the public. No one should be ordained into it except direct participants. The task of the leader is to draw up a list of issues that can be solved using the selected methods. Only this list is submitted for review.
The tactical simplified combinations used at different stages of the investigation of a criminal case are combinations of techniques that are selected based on the goals of the investigation team and the tasks of the particular investigation. Such combinations should be implemented in order to prove the facts necessary to determine the culprit.
Plans and methods
When conducting investigations in criminal matters, the investigator must remember that private methods are always practical and scientific recommendations that are designed for favorable working conditions. In reality, these are far from always being formed, so there is a need to adapt a typed system. Forming a plan, the investigation team must first assess the situation and determine what stage of a particular case (initial, next). They evaluate how the crime is solved, in what conditions the investigator is forced to work. Further, in private methods, it is necessary to find the situation as close as possible under general conditions and apply its combinations, approaches to strategy and tactics for a specific offense. The content of the links of such a technique is adapted, taking into account current circumstances, the reality in which the investigation team works. This very often is extremely far from the favorable starting conditions described in theoretical studies.
By conducting a preliminary investigation of crimes or conducting an investigation at a subsequent stage, the working group may take measures to change the current conditions in its favor. If this succeeds, you can apply standard techniques with greater accuracy, which means that the probability of a positive outcome in the case will be higher, with a minimum of changes. This is not always allowed. More often, the working group has to rework a private methodology, fitting it to the specifics of the offense. The task of workers is to optimize and individualize a typical program, to adapt it to a specific business within the framework of a reasonable one.
Who is the member?
A specific approach is required at all stages of the investigation of crimes involving minors. In this case, the technique is based on general principles, but is supplemented by specific nuances that are dictated by the personality characteristics of a minor person. These are manifested in the actions of people, in behavior. In many ways, they correct the possibilities of preliminary investigative work.
The process of investigating an offense obliges to identify in turn how many years the participants in the act were, what is their date of birth, in what living conditions people live and grow, how they are brought up. At this stage of the investigation of the crime, the investigation team must establish the characteristics of the development of the psyche of the criminal and the level of his growing up, awareness of his own actions and their consequences. It is important to analyze specific personal characteristics and to identify whether those older than him influenced the criminal.
Where do we start?
After the plaintiff submits the application and the criminal case has expired (from three days), the investigation team should begin work on the process. First, three main versions are formulated. It is necessary to determine whether the instigators were older than the offender, whether they were accomplices, whether there was a concealment by adults of offenses committed by a minor. The task of the investigation team is to determine the possibility of involving the criminal in begging, to establish whether he is inherent in the use of narcotic, intoxicating substances and products.
After the expiration of the criminal case (from three days), the preparatory investigative stage begins. The task of the working group is to collect references and characteristics, dossiers and other official documents from which a detailed idea of ​​the identity of the offender can be compiled. The working group should establish in what conditions a person lives, where he studies and works, with whom he is surrounded in everyday life. The investigator should receive as objective information as possible about the minor’s behavioral reactions. When preparing a plan of investigation, you need to remember the impulsiveness inherent in adolescents, imbalance. Such people usually get tired quickly, which also needs to be considered when planning work with them.
What are we doing?
As part of the investigation, it is necessary to remember the current system of classification of crimes in criminal law. The task of the working group is to determine the type of violation being studied. To do this, you need to conduct a number of research work. First of all, they inspect the place where the law was violated. Sometimes already at this stage you can get some idea of ​​the personality of a person who has violated regulatory acts. The scene of the incident can provide useful information on what the perpetrator’s habits are. Most often, you can see signs that a person smokes or uses drugs.
In order for the classification of crimes in criminal law to be correctly applied to the case, sometimes it is necessary to arrest a minor. It is advisable to do this when he is in the place where the law was violated. This is only possible if the circumstances are in accordance with the law.
Continuing consideration
The next step in the investigative work is a search. If the offender has not reached the age of eighteen, the presence of his legal representative at the time of the investigation team at the facility is mandatory. If it is not possible to invite such a person, you can bring in a representative of the office of the house in which the minor resides.
The next step in the process is interrogation. When working with a teenager, the investigator must clearly follow the nuances and restrictions stipulated by applicable laws. If the interrogation involves a conversation with a child under the age of fourteen, the procedure is carried out with the assistance of a qualified teacher.
Investigation tactics
If necessary, work with minor citizens committing illegal acts, the investigator should select tactical techniques that would not harm the unsettled psyche of the child. Particularly difficult is the interrogation aimed at clarifying the circumstances of the incident and the recognition by the criminal of his guilt in what happened. The investigator’s task is to study as much as possible the specifics of the circumstances. It is known that adolescents tend to take the blame. This behavior can have many causes. To determine if there is self-talk, the investigator must use tactical emotional ways to influence a citizen.
If the accused denies guilt, but the investigator is firmly convinced that this is not true, he is allowed to resort to tactics as stipulated by the current legislation for such cases. The working group can demonstrate evidence to the accused, evidence that shows that the child is lying. Another popular method is the effect of surprise, which greatly affects the fragile psyche of a teenager.
About classification
Separation of cases of illegal acts into classes is possible when taking into account the features of what happened. It is necessary to get ahead of what was the object of the attack. On the basis of this, one speaks of a usual case or being studied according to the RF CC. Based on the signs and design features, it is possible to classify the offense as material, formal. A category of truncated corpus delicti is possible.
Assessing the form of guilt, they talk about the content of the subject. The subject is also characterized by features that serve as the basis for the classification of cases. The investigator must assess the composition of the crime, the degree of danger to society and the nature of the offense.