Test constructive drawing of a person. Summary of the lesson “A man from geometric shapes

There are several ways to identify a criminal who has fled the scene. They are due to the nature and characteristics of the detected sources of information about the signs this person. Because of this, the solution of this problem is carried out Problems of disclosure and investigation of crimes committed in conditions of non-obviousness. - Volgograd, Higher School of the Ministry of Internal Affairs of the USSR, 1989. - S. 122 .:

  • - according to the materially fixed traces of the criminal, left by him at the scene of the incident and close to him (traces of hands, shoes, etc.);
  • - according to the materially fixed traces of criminal behavior that arose in the situation of the scene as a result of the interaction of the offender with other objects, including the victim, the response of the latter in self-defense (traces of the use of the instruments of crime, the instruments of crime themselves, blood stains of the criminal, his belongings, etc.). d.);
  • - according to the testimonies of the victims and eyewitnesses about the signs of the appearance of the offender, the direction, the transport in which he disappeared;
  • - according to the data on the method, motive, purpose of the crime, stolen property and other elements, signs of the event under investigation;
  • -- according to other data: a) the results of exposing the staging of the situation at the scene of the incident; b) according to other facts of the behavior of any persons whose actions showed their guilty lack of interest in solving the crime; c) according to information about the so-called guilty awareness of someone in the circumstances of the crime (for example, obtaining information that the accused arrested in another case, in a conversation with his cellmates, told about the commission of this crime by him); d) according to information circulating in certain circles and areas that has become the property of the investigation, about the possibility of committing a crime by any person (such information can come, for example, from the administration of the ITU, frequenters of pubs, brothels and other hot places) (see Appendix 2 ). Guide for investigators. Issue 2. -M .: "Legal Literature", 1990. - S. 136.

The named ways of identifying criminals can be divided into two general groups, since one of them is based on the results of a forensic analysis of a crime, and the other is based on the results of a forensic analysis of events of a pre- and post-criminal nature. In the forensic analysis of a crime, all currently known and alleged circumstances of the deed are taken into account (time, motives, goals, method, mechanism for committing it, the number of persons involved in the crime, the time they were at the scene, the way they arrived at this place, etc.), carrying this or that information about the signs of the criminal (criminals) Problems of disclosure and investigation of crimes committed in conditions of non-obviousness. - Volgograd, Higher School of the Ministry of Internal Affairs of the USSR, 1989. - S. 133 ..

In the conditions of work on "hot pursuit" of particular importance is the discovery and study of the material traces of the criminal and his behavior at the scene and near him, as well as the interrogation of the victim, the identification and interrogation of eyewitnesses in order to obtain information about the gender, age, number, nicknames and other signs of criminals. This makes it possible to organize the pursuit of criminals following the traces of leaving the scene of the incident, protective measures (ambushes, combing forests, etc.), operational and procedural identification of the person sought (if necessary, using his photo and isorobots made) in the places of his possible occurrence or occurrence.

During an encroachment on their life, property, the victims often resist the criminals. As a result, various injuries are formed on the body and clothes of the latter. The body, clothes, shoes of a criminal can also be damaged under other circumstances: in the course of overcoming any obstacles, breaking locks, exposing window panes, etc. In addition, clothes, hands of a criminal can be stained with dirt, other substances, with with which he came into contact during the commission of the crime.

About some signs of a criminal who escaped from the scene of the crime (about his gender, age, professional affiliation, approximate height, about individual anatomical and functional signs) can be judged by the traces of hands, feet, shoes, teeth, secretions, etc. found at the scene.

November 17, 2000 in the apartment of Saransk on the street. Gorzhuvskaya, 27 on the murdered N., streaks of blood on the wall were conspicuous. They were located opposite the front door at a height of about a meter. The hallway is narrow. Drops of blood on the floor led to the bathroom. There were especially many bloody traces in the living room. She was a complete mess. Things are scattered, the telephone cord is cut. Undoubtedly, the woman was desperately defending herself. Apparently, the perpetrators inflicted a number of stab wounds on the victim. Bleeding, she went into the bathroom. There, with the help of a napkin, she tried to hold back the flow of gushing blood (this, in particular, was indicated by the fact that there were traces of her bloody fingers on the box with napkins). At this time, the criminals, passing into the living room, stepped on the spilled blood. At the same time, traces of the soles of the shoes were formed. Judging by the size of the shoes and the patterns of the soles, the investigator concluded that there were two criminals. One of them was wearing size 40 summer athletic shoes, the other was wearing size 42 sandals. Both that, and other footwear - foreign production. In the same footsteps, it was possible to determine the growth of criminals.

Focusing on these data, the investigator excluded all but three characters from the list of persons to be checked by screening. The head of one of the departments of the publishing house, his deputy and the courier remained on suspicion.

The suspicion that arose in relation to the head of the department (it was fueled by information from his deputy) soon disappeared.

Of the remaining two tested, the nerves were first handed over to the courier. He was forced to confess to his deed after, in order to hide the traces of the crime (after another interrogation), he attempted to get rid of one important piece of evidence. At that moment, when he threw the bundle into the trash, he was detained. The bundle contained the shoes he was wearing at the time of the murder. Problems of disclosure and investigation of crimes committed in conditions of non-obviousness. -Volgograd, Higher School of the Ministry of Internal Affairs of the USSR, 1989. - S. 155.

As the courier later showed, the organizer of the crime was I. Semenov - deputy. the head of one of the departments of the publishing house (in the past - an operative worker of the KGB). Preparing for the crime, he watched the victim for about a year. I studied her daily routine and lifestyle. Convinced that she lives alone, he began to wait for the right moment. He knew how to wait. Before joining the publishing house, where he worked before, he was taught to act deliberately, to calculate all options. And this moment has come. He made friends with the courier, too, not by chance. He knew a lot of "little things" that sometimes play an important role. The courier himself was gullible and easily influenced. It was not difficult for Semenov to manage him. Therefore (as a companion) he suited him perfectly. Another thing was also important. The courier sometimes called at the victim's apartment for correspondence. Therefore, on the day of the crime, the victim let him in. At the threshold, Semyonov stabbed her first with a knife in the neck. His accomplice finished off the victim. Taking money, some valuables, they left the apartment. that the facts in question took place, this allows for a purposeful search for criminals, focusing on identifying persons on whose body or clothing there are (were) the above traces.

The solution of this problem is carried out, in particular, by:

  • - Establishment, interrogation and interrogation of citizens who were near the crime scene, passed by it or in the same transport with the criminal and could pay attention to his appearance;
  • - interviewing employees, studying documents of enterprises, institutions to which the offender could apply for medical assistance, cleaning his clothes.

Identification of the offender can be carried out from the information obtained during the study of documents found at the scene ( lost documents, proving the identity; documents for receiving things, money transfers; invoices; waybills, etc.), as well as items used in the commission of crimes as tools, abandoned vehicles and other objects Dubyagin Yu.P. Guide to the search and investigation of non-obvious murders. - M .: Letter, 1997. - S. 148 ..

In cases where the instruments of crime and other objects of the same plan are not found, the investigator has to operate with a logical model (image) formed on the basis of the analysis of traces of images, as well as data obtained during the production of forensic and forensic examinations, during the interrogation of victims and witnesses. Information about the type, type of object, its specific individual characteristics, defects can be used as the basis for judgments about the identity of criminals, their number, whether the crime was spontaneous or prepared in advance, etc.

Ample opportunities in obtaining information about a criminal open up when a crime weapon is discovered during the investigation (it can be thrown, forgotten by the criminal at the scene, in its vicinity, etc.).

The instrument of crime and the traces on it that were formed before the commission of the crime (in the process of storage, use, repair, etc.) may have signs indicating its possible owner or person in whose possession it was. In addition, the weapon may indicate its prevalence among a certain ethnic, social or other group of the population, the professional characteristics of the person who committed the crime.

Establishing the fact that the same weapon was used in the commission of a number of crimes makes it possible to expand the idea of ​​the identity of the offender (by summing up information about him contained in different cases) and, in particular, to resolve the issue (by finding out the places and time of the crime) about whether he is a local resident or a visitor.

"Exit" to the criminal on the instrument of crime in a number of cases becomes possible on the basis of the clarification of Dubyagin Yu.P. Guide to the search and investigation of non-obvious murders. - M.: Letter, 1997. - S. 150.:

  • - where, by what persons and for what purpose homogeneous objects are used;
  • - where and how the tool or one or another of its structural elements was made;
  • - where it was purchased;
  • Where was it stored.

To build a version of the subject of the crime, registration and accounting data can be used firearms.

Operative-search capabilities are used to identify persons in possession of unregistered weapons. as well as data contained in archival criminal cases, inspection materials and other sources.

It should always be borne in mind that the establishment of the owner of the weapon used in the commission of a crime does not yet mean the establishment of a criminal. It is required to prove that it was this, and not another person, who used it in the commission of a crime. Otherwise, one can fall into error, since sometimes criminals use weapons that belong to other persons, which they have lost, stolen from them or taken for temporary use under a plausible pretext.

When committing crimes are often used:

  • 1) stolen vehicles belonging to state or public enterprises and private individuals;
  • 2) personal transport of criminals, their relatives, acquaintances;
  • 3) transport assigned to criminals at their place of work.

The fact of the use of transport by criminals is established by detecting appropriate traces at the scene of the incident or its environs and excluding the version that these traces could have been left before and after the crime by outside vehicles, as well as based on the testimony of witnesses and victims.

Transport (cars, motorcycles, scooters) is used:

  • 1) under their license plates;
  • 2) under their own, but veiled (for example, smeared with mud) numbers;
  • 3) under other people's numbers, taken from other cars, stolen from the traffic police, etc.

Establishing the owner of vehicles, and through them criminals, is carried out primarily through the use of traffic police records.

When checking the identified owner of a vehicle, particular attention should be paid to ascertaining:

  • - the availability of transport at a given time;
  • - whether the car was operated at the time of the crime;
  • -- external damage to the transport and defects in the engine, control system, the occurrence of which coincides with the time of the crime;
  • -- the facts of repainting, repair of cars that took place in the period after the crime.

Great importance should be attached to determining the direction in which the criminals fled from the scene of the incident, the organization of the prosecution of criminals along these tracks, the study of traffic situations in which they found themselves, the identification and interrogation of witnesses who saw the transport of criminals, provided them with technical assistance along the way and etc. Dubyagin Yu.P. Guide to the search and investigation of non-obvious murders. - M.: Letter, 1997. - S. 151.

One of the tasks of a forensic analysis of a vehicle, a crime scene, a place where a car is abandoned is to find out the reasons why it was abandoned in a given place, to determine the state and scheme of transport communications in this region. This work contributes to solving the problem of determining the area of ​​residence, work, and other possible stay of the offender.

It should be borne in mind that the very fact of the use of motor vehicles in connection with the commission of a crime is indisputable evidence that the offender (criminals) has knowledge of the design of machines and their management. And this adds a significant touch to the “portrait” of the criminal created by the investigator and indicates the type of people among whom he should be looked for (real and former professional drivers, “private traders”, etc.). Problems of disclosure and investigation of crimes committed in conditions of non-obviousness. - Volgograd: Higher School of the Ministry of Internal Affairs of the USSR, 1989. - S. 133.

Importance to identify the offender has a forensic analysis of the stolen property. First of all, this involves determining and taking into account during the investigation the following circumstances:

  • - type, purpose of stolen things and objects;
  • - general and special features of each thing (object);
  • - the value of each stolen item and the total value of the stolen item. Certain things that are stolen during the commission of crimes (or things that are attempted by criminals) sometimes carry information about the individual properties, qualities and relationships of the participants in the crimes: their age, professional, other characteristics, lifestyle and behavior.

Thus, killings for the purpose of taking possession of vehicles indicate that the offender knows how to drive the type of transport that is stolen and stolen. The theft of a large number of things indicates that the crime was committed by a group of persons or by one person in several stages. The latter situation is characterized by the hiding of the kidnapped near the scene of the crime in a specially prepared or natural hiding place, as well as the concealment of the kidnapped in his house, in the houses, outbuildings of relatives, friends, and connections of the criminal located nearby. The commission of a major theft is also possible by one person, if the stolen goods are transported by car.

The facts of the theft of wine and vodka products from retail outlets are quite informative. They, in particular, indicate the propensity of criminals to drink alcohol (often abuse). Not infrequently, such crimes are a link between drunkenness that began earlier and then continues.

What things are stolen is often directly influenced by the profession, interests, hobbies of criminals. Therefore, it is no coincidence that when investigating, for example, crimes related to the possession of narcotic drugs, investigators usually operate with a very limited range of typical versions about the identity of the offender and the goals of the crime. And this is right, because the commission of these crimes is typical for drug addicts or persons engaged in criminal business on the basis of the sale of stolen drugs.

One of the areas of forensic analysis of the stolen is to predict the fate of the further movement of property after it is stolen and hidden, i.e. determining for what purposes this or that thing can be used in its existing or modified form (in the household, for processing and resale, for committing crimes, etc.), as well as determining possible ways and channels for its implementation. This makes it possible to more purposefully identify persons in whose jurisdiction it turned out to be, and through them to identify criminals.

This method is based on the fact that sooner or later, in one place or another, the stolen must appear (in its existing or modified form) and “speak”. Work in this direction usually begins with compiling a list of stolen items, identifying their common and special features Problems of disclosure and investigation of crimes committed in conditions of non-obviousness. - Volgograd: Higher School of the Ministry of Internal Affairs of the USSR, 1989. - S. 144 ..

The solution of this problem is achieved on the basis of interrogation of the victim, officials, financially responsible persons, watchmen, other employees of enterprises, as well as other persons who knew these things well, conducting inventories and revisions, finding documents that contain signs of the stolen (passports for things, bills of lading, receipts, etc.), receiving messages from organizations that have manufactured, delivered these things.

In cases where it is possible and necessary, exact analogues of stolen items should be selected (or produced) Guide for investigators. Issue 2. -M .: "Legal Literature", 1990. - S. 139 ..

This is done in the following way. Focusing on the description of a thing (or object) that is missing, a similar thing (by type, color, size, etc.) is selected or manufactured. Then it is necessary to make sure that the analogue is similar in its main indicators to the original (this is done by presenting the analogue for viewing to the victim, his family member, financially responsible person). After that, the object and the information it contains are used:

  • - to organize a wide range of protective measures aimed at identifying and detaining persons who stole certain items during the commission of a crime;
  • -- for identification of analogues by witnesses, victims, suspected persons, when the originals are destroyed, processed, completely used or it was not possible to find them.

When using this method in solving crimes, it is advisable to adhere to the following recommendations:

  • - the selection of analogues should be preceded by a detailed interrogation of an informed person about the signs of genuine things;
  • - the selection of analogues should be carried out in the presence of witnesses with the execution of the corresponding protocol;
  • -- the presentation of analogues of physical evidence for identification should be carried out in full accordance with the procedural rules governing the procedure for identification. Problems of disclosure and investigation of crimes committed in conditions of non-obviousness. - Volgograd: Higher School of the Ministry of Internal Affairs of the USSR, 1989. - S. 160 ..

The use of information about the stolen can be carried out both in the process of investigative actions and in the course of operational activities. In the latter case, information about the kidnapped person and its signs should be disseminated among employees of the internal affairs bodies (first among regional bodies, and, if necessary, on a regional, republican scale). Further work involves checking (including documentary) commission shops, markets and other enterprises and places where the stolen goods can go.

The identification of criminals is facilitated by the registration of stolen items (watches, weapons, etc.). The basis for constructing a version of the person who committed the crime arises if such items are found in certain persons (including those detained while committing other crimes). In addition, forensic accounting of stolen property makes it possible to trace whether it was used in the course of committing new crimes and, based on this, to decide on ways to search for a criminal and the territory where he can be found.

The offender can be identified by the way his criminal behavior. However, this usually becomes possible when certain skills, professional and other knowledge, capabilities, properties, age and other characteristics of the criminal are displayed in the traces of such behavior. The use of the marked data may be useful in determining the boundaries of the territory in which search activities should be deployed, determining the groups and types of persons to be verified, and studying the versions put forward in relation to specific suspects.

Thus, the opening of money vaults carried out by exploding locking devices indicates that the offender has special knowledge in pyrotechnics, has access personally or through connections to explosives. The use of autogenous devices for the same purposes gives grounds for the conclusion that the offender is familiar with gas welding. Based on the traces of the use of these devices, the question of the level of his skill in terms of mastering these devices can be resolved.

The discovery of opened heavy safes stolen from the enterprise in other places, as a rule, indicates that the criminals used the vehicle, acted as a group and prepared to commit a crime.

Theft, associated with the senseless destruction, damage to things, goods, interior details and furnishings of the premises (tes by acts of vandalism) is typical for the criminal behavior of teenagers in a state of intoxication.

In addition, information about the methods used by criminals in the process of preparing, committing crimes of concealing the traces of the deed and their participation in them may be important if similar crimes were recorded before or after the commission of this crime. This allows us to build a version of the commission of all these crimes by one person and organize its identification on the basis of combining information contained in different cases Dubyagin Yew.P. Guide to the search and investigation of non-obvious murders. - M .: Letter, 1997. - S. 153 ..

In other cases, data on the mode of criminal behavior (activity) are usually used in combination with data on other elements of the crime.

In the event that, in the course of urgent actions, the investigation failed to find the source and obtain information that allows building a version of the commission of a crime by a specific person, work to identify it is carried out according to the following scheme.

  • -- building a mental model of a person based on the definition of his group affiliation,
  • -- definition of its search area,
  • - identification in the given zone of persons similar in their characteristics to the characteristics of the model of the criminal,
  • -- Ensuring the verification of identified persons to determine their involvement in the crime being solved.

Determining the group affiliation of the offender is drawing up an idea of ​​which category of people (to which class to which social stratum of the population) the person identified in the case belongs to. The solution of this problem, even at a hypothetical level, makes it possible to outline the circle of persons among whom there may be a criminal. This opens the way for identifying persons of the corresponding category, building and purposefully checking the version of their possible involvement in the deed.

The basis for determining the group affiliation of a criminal can be based on reliable knowledge about any of his signs (signs), when the available evidence directly indicates this, as well as presumptive (probable) knowledge arising from the analysis of data about the method, motive for committing a crime, etc. d. The formed set of identification features can be combined, in particular, including established and expected features.

Usually, primary data allow you to get an idea of ​​a fairly big circle people to be checked, and therefore by themselves they, as they say, do not make the weather. Thus, the problem arises of ensuring the specification of the initial set of objects to be checked. For this purpose, a classification is made, the division of this set into groups and subgroups in relation to the system of competing versions about other, unknown signs of criminals (division into local and visitors, convicted - not convicted, adults - minors and etc.) With regard to each allocated group, its own work plan is drawn up and, if necessary, its implementation is ensured by attracting additional human, technical and other resources. As the versions put forward are checked, the number of groups may be reduced due to unconfirmed versions and the exclusion of certain groups of people from the number of checks. As a result, the priority, most realistic group (or groups) of persons being checked is determined, around which the main efforts and attention of the participants in the investigation are concentrated.

An important task for ensuring a rational and productive search for a criminal is the task of narrowing the circle of persons being checked as much as possible. The solution of this problem is facilitated by obtaining data on new, hitherto unknown features of the criminal and including them among the features of the mental model of the criminal, excluding from the circle of those being checked those who are not characterized by these signs, as well as those being checked who, as their check has shown, are not involved. to crime.

Having returned from Afghanistan, 30-year-old warrant officer Kurtin lived alone in a two-room apartment in Saransk.

One day in the second half of December, he did not show up for work. Two days later, his colleagues, with the participation of witnesses, opened the front door of his apartment. There they found the corpse of Curtin with signs of a violent death.

In the corridor, not far from the front door, they saw a dried pool of blood. On the floor there are many dried blood trails in the form of rounded drops and longitudinal stripes - drag marks leading to the kitchen door. On the walls of the corridor are abundant blood stains in the form of splashes. Near the right wall, under a hanger, on a shelf, there was an electric drill with traces of blood and dried hair on the cartridge.

Curtin's corpse was on the floor in the kitchen. Nearby lay a blanket with traces of blood, which partially covered right hand and pelvic region. Blood blots in the form of splashes are also fixed on the door and on the wall.

The corpse was wearing a sports suit, shorts, socks. On the feet - ankle boots with a zipper. Moreover, the left ankle boot is in a buttoned state, and the right one is unbuttoned. The clothes had no damage, but were abundantly soaked in dried blood. The victim belonged to the number of well-fed people. His height is 179cm. As it turned out through interrogations, the Sharp tape recorder, the Quasar player with headphones, eleven compact cassettes and a tracksuit disappeared from the apartment.

According to the conclusion of the examination, Curtin's death occurred as a result of an open craniocerebral injury in the form of multi-comminuted fractures of the skull bones and brain damage.

To solve the murder, they used the method of forensic modeling described in the manual by G.A. Gustov "Modeling in the work of an investigator".

  • 1) the rapprochement of the perpetrator with the victim,
  • 2) the interaction of these two persons, including the actions of the offender that led to the death of the victim,
  • 3) subsequent actions of the offender.

Mentally tracing the mechanism of the development of events in detail at each stage, we studied and tested several of its probable options by comparing them with the peculiarities of the situation in the apartment and the traces found in it. As a result, an opinion was formed that events unfolded as follows.

A few seconds before the murder, the victim, being in the corridor at the front door, leaned over and began to put on half boots. Fastening the zipper on his left boot, he began to fasten the right one. At that moment, the offender, standing shod and dressed near the hanger next to the victim, took an electric drill from the shelf and struck Curtin with at least two blows to the head with great force. The victim fell (note that brain matter, blood and hair were found on the end part of the electric drill cartridge. Subsequently, forensic experts confirmed the fact of contact interaction between the end part of the electric drill cartridge and Curtin's head at the time of inflicting bodily harm).

After that, the offender put the drill aside and went into the bedroom. There he took the blanket and returned to the victim lying on the floor. Putting the blanket near Curtin's body, the offender rolled him onto the blanket and dragged him (on the blanket) to the kitchen (thus freeing up the passage in the corridor near the front door). Then he returns to the drill, picks it up and goes to the kitchen. There, he inflicts two more blows with a drill on the head of the prone Curtin, finishing him off. The murder weapon is placed on a shelf under a hanger. Moving around the apartment, the offender stepped on a pool of blood and left bloody footprints on the floor.

Only after that, taking the Sharp tape recorder, the Quasar player, 11 compact cassettes, a tracksuit, he leaves the apartment, closes the front door with a latch and hides.

Based on the described version of the model of criminal behavior, a model of a criminal was built. It contained an indication of a number of the most likely signs. Ideas about them have developed as a result of the derivation of consequences in the study of individual elements of this model.

The starting point of the analysis was the instrument of crime - the drill. Since it belonged to the victim, this circumstance testified that the offender had not prepared for the murder in advance. Realizing the situationally determined intent to commit a crime, he took advantage of what was at hand. He most likely saw the drill when, having entered the apartment, he undressed. This circumstance testified in favor of the version that the crime was committed by a person familiar with the victim. This was also indicated by the analysis of other circumstances. It was carried out according to the following scheme:

  • - if the victim put on shoes, then he was probably going to see off the criminal or go somewhere with him,
  • - if the victim, bending down, fastened his shoes and was not afraid of the person standing behind him, then, probably, the victim knew him well and was not afraid of an attack,
  • - since the offender committed a robbery attack on the former "Afghan" who participated in the hostilities, he is a decisive person,
  • - since the skull is pierced at each blow with a drill, then, probably, the criminal is a strong person,
  • - if the offender had to use a blanket to facilitate the movement of the victim from the corridor to the kitchen, then he is probably not athletic,
  • - since the offender left bloody footprints suitable for identification at the scene of the incident and did not take measures to destroy them (even the most clear and clearly visible traces were not erased, although it was easy to do), then he probably left this locality, and was sure that his shoes would not be detected (this characterizes him as an improvident person with low intelligence),
  • -- since the offender stole a "set" of items, consisting of a tape recorder, a player, compact cassettes and a tracksuit, then he is probably young, civilian (not military) shoes,
  • -- since at the scene there were only homogeneous bloody footprints from men's shoes with a sole length of 27-28 cm, then, most likely, the offender was alone and has a height of about 170 cm (data from the table),
  • - since the offender, having committed the murder out of mercenary motives, stole objects of only a small volume, although there were other valuable things in the apartment (for example, a rolled up new carpet), he probably did not use the car.

Summing up the results of this analysis, we built a general model of the offender. It included a complex of such signs: 1) a young man, 2) about 170 cm tall, 3) physically strong, 4) wears civilian shoes, 5) decisive, 6) has a low intellect, 7) is familiar with the victim, 8) knows about the presence of victim of a Japanese tape recorder, 10) most likely left the settlement.

Using the information model of the offender, we determined the circle of citizens among whom the offender could be and, together with the employees of the criminal investigation department, compiled a list of these persons. At the same time, the main attention was paid to the following signs: gender, age, height, physical data, acquaintance with the victim.

Checking these persons, first of all, it was found out whether they also had other features reflected in the model of the criminal Guide for Investigators. Issue 2. -M .: "Legal Literature", 1990. - S. 145 ..

Due to the fact that Curtin's circle of acquaintances was limited mainly to military personnel of his unit and acquaintances at the place of residence, they began to identify and compile a list of soldiers who were demobilized, as well as officers and civilians who, for various reasons, left the city after the murder.

After “sifting”, it turned out that Churkin, born in 1969, height 168 cm (data from the medical record), of average build, reflected in the model of the criminal from among those who left after the murder, had the most characteristics. Earlier, he did military service in the same military unit where Kurtin served, visited the victim’s apartment and saw a Japanese tape recorder with him.

It was established that Churkin, after demobilization, went home to Karelia in November, on December 20 he appeared in the city of Saransk, where he met in a military unit with acquaintances in the service, and on December 21 he left by train home.

We decided to urgently leave for the city of Segezha. Arriving at the place, they made a search in Churkin's apartment, during which they found Kurtin's stolen things. At the very first interrogation, Churkin confessed to the murder of Kurtin and spoke about the circumstances of the deed.

Experts found blood on his clothes, which could be Curtin's blood, and also established that the bloody footprints in the victim's apartment were left by the protectors of Churkin's half boots.

A serious crime with the help of the modeling method was solved within 3 days.

The construction of a mental model of a criminal is closely related to the definition of the zone of his search. In other words, this means drawing up an idea of ​​the social environment in which territory, in relation to what activity, etc. it is necessary to deploy operational and investigative measures to identify the criminal.

The solution of these problems is based on the corresponding versions and classifications, which are based on the actual data established in the case of the Problems of Detection and Investigation of Crimes Committed in Conditions of Non-obviousness. - Volgograd: Higher School of the Ministry of Internal Affairs of the USSR, 1989. - S. 162 ..

Indications of the criminal search area may be contained in the testimony of witnesses, in the materials of the study of some traces of any actions of the criminal (for example, tracks of traces leading from the scene in the direction of the nearest settlement).

The results are also important for the successful solution of the problem under consideration. complex analysis informative from the point of view of the elements of the crime event, the situation of its commission, the subsequent actions of the offender, their signs, the relationship of relationships (in particular, taking into account the presence of railway stations, river piers, etc. near the scene of the incident, highways, their directions, distance from the scene to the nearest settlement, features of the place of detection of hidden stolen property, crime weapons, vehicles abandoned by criminals, tools and technical means used in the commission of a crime).

As with the specification of persons to be identified and verified, the classifications of search zones can be single and multiple, carried out in stages as new signs are included in the mental model of the criminal, established during the investigation. The division of search zones into component parts (for example, a city into districts, a district into quarters, city enterprises into groups of enterprises) can be based on competing versions, which are built taking into account the data reflected in the forensic characteristics of crimes of the corresponding category. (Summary data can be useful in this regard, indicating whether the crimes of the corresponding category are committed by local or visiting criminals, how far from the scene they live, where they most often spend free time in what areas professional activity work from which regions, places they come to commit crimes, etc.)

The correct division of the circle of persons, among whom there may be a criminal, into subgroups, the definition and localization of the search area for such persons allow us to resolve the issue of the quantitative composition of the operational-investigative group participating in solving the crime, correctly determine the directions and specific areas of their work, assigning each of them of the relevant executors (for example, in relation to certain groups of persons being identified), distribute responsibilities between investigative and operational workers, draw up a general work plan and a work plan for specific executors.

A series of robberies and murders for mercenary and sexual reasons was committed in Saransk during two months of August and September 1999. Judging by the handwriting, in particular by the fact that the perpetrator stabbed his victims in the neck, it seemed that all the crimes were committed by the same person. In studying these crimes and their comparative analysis attention was drawn to the fact that all of them were committed not far from the tram line connecting the city railway station with the Avtozavodsky district. This made it possible to build a version that the offender is poorly oriented in the city, being, apparently, a visitor from some neighboring region by rail.

With this in mind, special tasks were sent to all regions adjacent to the Republic of Moldova. They set the task of immediately reporting to Saransk about all street attacks on women with stab wounds to the neck area.

At the end of October, a message was received from Chuvashia that an attempt had recently been made to kill Nikonova, who had been stabbed in the chest and neck in the forest plantations near the bazaar in the district center of Burnara, in the forest plantations near the bazaar. Nikonova managed to break free and first hide in the forest, and then get to the house. According to Nikonova, a resident of the Burnary district, Ivanov, who had previously been convicted of murder, was detained a few days later. During the investigation, it turned out that it was he who committed these serious crimes in Saransk. Ivanov turned out to be a seasoned criminal. During interrogations, he explained with cynical frankness that he came to this city only to satisfy his sexual and material needs through murder. After committing crimes, he did not stay in the city, but immediately left for the Burnary region to his parents. Such raids were considered by him as the most safe way actions. The blows to the neck were inflicted with a knife because after such wounds, in his opinion, the victim could no longer scream and death inevitably followed.

In addition to the described murders and attempts, Ivanov, later sentenced by the court to capital punishment, was convicted of committing a number of other crimes - robbery, robbery, rape, and hooliganism.

Forensic analysis of pre- and post-criminal events, as a direction for identifying a criminal, is also based on a forensic analysis of a crime and the environment in which it was committed. However, its originality lies in the fact that it involves a search activity that does not go in a straight line from the victim, material evidence, etc. to the offender, but from the objects of forensic analysis of the crime event and the situation of its commission to other, forensically significant pre-criminal and post-criminal events, and already from them, first to the probabilistic-information model of the criminal, and then to the original, which replaces this model.

Speech in this case we are talking about events of two plans: 1) events that the criminal was aware of, since he was a participant in them; 2) events about which the offender, not being their direct participants, learned from other persons. The nomenclature of forensically significant events is very diverse. They are subdivided on various grounds, which are used as their own signs, the connection with him of criminals, victims, stolen property.

In practice, first of all, events are taken into account, the participants of which were the victim and the offender (events of the pre-criminal plan), as well as those events in which only the offender participated before and after the commission of the crime, provided that these events have any connection with the offender ( for example, those that caused the intent to commit a crime, as well as events related to the preparation for a crime by the sale of a criminal kidnapped by harboring, etc.)

Identification and development of such events allows you to identify their participants and check the latter for their involvement in the crime being solved Dubyagin Yu.P. Guide to the search and investigation of non-obvious murders. - M.: Letter, 1997. - S. 156 ..

In 1999, a young woman named Svetlana disappeared in Saransk. According to her husband Novikov, the missing person went by train to visit her parents in the city of Orel, but did not arrive there. Where she is, he does not know. Concerned parents contacted the police. However, many months of searching for the missing did not give anything. Her traces are lost.

In the fall of 2000, an unfamiliar young girl called Svetlana's parents on a long-distance telephone and said that if they want to find out anything about their missing daughter, they need to come to the station, where they will find out the details for 1,700 rubles. Svetlana's father went on a date with a stranger. The circumstances of his meeting with a young girl named Irina were the event from which the disclosure of a serious crime began.

Before telling anything about the fate of Svetlana, Irina found out if the money had been collected. The missing father had no money with him. The interlocutor rescheduled the conversation for the next day. To the question: “Is Sveta alive?” - dropped: "No, she withered."

A day later, the interlocutors met again, but with prompt escort. In the pocket of Svetlana's father was a portable tape recorder, handed to him by the criminal investigation officers. The recording, listened to after the meeting on the platform, served as the basis for the detention of the husband of the missing woman and his cohabitant. As the investigation showed, Svetlana was killed by order of Novikov and his cohabitant by one criminal. The body was burned, and his remains were buried. The motive for the crime is the intention of the lovers to marry, but without dividing the Novikovs' apartment and the property acquired together with his wife, which, naturally, Svetlana prevented.

The minor Irina, with whom the father of the murdered daughter met in Stupino, was the sister of Novikov's cohabitant. She not only knew about the murder of Svetlana, but also took an active part in hiding the corpse of the victim of the crime.

There are two ways to identify and analyze forensically significant events of a pre- and post-criminal nature Guide for investigators. Issue 2. -M .: "Legal Literature", 1990. - S. 150 ..

One of them is based on the use of data collected during the study of the personality, lifestyle of the victim, as well as persons who are with him in family, service and other relations (in this way, events in the sphere of everyday life, in places of work, rest, other pastime are identified and investigated) .

At the same time, the goal is, on the one hand, to form the necessary evidence base, on the other hand, to identify persons subject to verification for their involvement in the crime. Particular attention should be paid to persons whose behavior is associated with events from the category of evidence of behavior (for example, persons who incited their acquaintances to give false testimony if they were called for interrogation, as well as persons who, having learned about the initiation of a criminal case, unexpectedly and without visible signs of for some reason they quit their job and fled in an unknown direction).

On a May morning in 1999, in the village of Kovylkinsky District, an explosion of an unknown device killed the chairman of the collective farm, Rybolovlev.

The members of the district investigative group who arrived at the scene examined the explosion site and seized various objects (traces of blood, fragments of polyethylene, fragments of silver and gray metal, particles of yellow color, parts from a flashlight, soil samples and clothes of the victim).

The found items were carefully packed, the packages were signed and sealed. In the inspection report and on the diagram, the points of detection of objects and the distances to the epicenter of the explosion were noted. Subsequently, several additional inspections were carried out, associated with combing the area.

Household rounds were made in order to identify eyewitnesses of the incident and the persons who committed the crime. From conversations with local residents, it became known that an explosive device placed in a plastic bag was planted at the gate of Rybolovlev's house before 6 o'clock in the morning. However, it was not possible to collect information about the identity of the perpetrator. In this regard, and also taking into account the complexity of solving the crime, the case was transferred for further investigation to the prosecutor's office of the republic.

First of all, the investigator ordered a technical expertise, entrusting it to forensic experts. The experts were provided with objects from the scene, an inspection protocol, diagrams, and the victim's clothes. The examination was carried out in as soon as possible Her findings indicated that:

  • -- objects seized from the scene are improvised explosive devices (IEDs),
  • - the device was equipped with 65 grams of Sokol gunpowder, which was in a metal cylinder,
  • -- the cylinder was made of a steel tube with a diameter of 30 mm,
  • -- IED was disguised in the case of a three-battery flashlight manufactured in the period from 1971 to 1983,
  • -- the person who made the IED has the practical skills of a welder, turner, grinder, driller, and also has knowledge in the fields of explosives and plumbing.

Having studied and analyzed the available materials, the investigator outlined the versions detailed plan their checks. It was decided to pay the main attention to checking the versions of the commission of the crime on the basis of hostile relations that the victim had with any of the people who knew him from his work, place of residence, etc.

In this regard, data on the identity of the victim, his connections, acquaintances, and lifestyle were carefully collected and studied.

When checking specific persons, it was taken into account whether they have the skills indicated in the conclusion of the explosives expert examination, the possibility of having objects seized during the inspection or having acquaintances with the listed characteristics.

Responsible for the completeness of the verification of each version were appointed specific operatives, who regularly reported on the progress of work, received information received new tasks. In the course of painstaking work, dozens of people were checked, house-to-house rounds were once again carried out in the village and nearby settlements, persons who came to visit and on other matters were identified.

Skillfully organized and professionally implemented events gave a positive result. Tetenkin, a resident of the city of Kovylkino, came into the field of view of the investigation team. It was established that on the day of the death of the victim, he was in the village with his mother, where he came to install a monument on the grave of his father. Around 5 o'clock in the morning, he allegedly went hunting. Returned home at 10 o'clock. Having learned about the death of Rybolovlev, already at 14 o'clock he suddenly left for Kovylkino, without erecting a monument to his father. He did not tell his wife or daughter about what had happened in the village, although they knew the Rybolovlev family well. As it turned out, Tetenkin disliked the victim because of the conflict on the hunt. Earlier, he asked one explosivesman for explosives in order to “scare” Rybolovlev. He had all the skills to work with metal, as he studied at a vocational school and a technical school, he had access to metal pipes, machine tools and welding machines, he used a 3-battery flashlight. During the search, a sawn-off shotgun, gunpowder "Falcon", a backpack were seized from him. psychological portrait it followed that Tetenkin was vindictive and cruel.

Interrogated at the initial stage of the investigation, he gave evidence that, in a number of respects, significantly contradicted the established information. In this regard, Tetenkin was summoned to the prosecutor's office of the republic for additional interrogation and face-to-face confrontations.

Worried about the repeated call, he visited the members of the team in which he worked, found out what they had told the investigator. Some time later, being in a strong degree of intoxication (although he had not previously abused alcohol), he committed suicide by throwing himself under a train.

The examinations of microparticles, biological and chemical, led to the conclusion that the microfibers, dog hair, gunpowder found on the polyethylene seized from the explosion site coincided with the fibers of Tetenkin's backpack fabric, the hair of his dog and the gunpowder found on the suspect.

Other versions of confirmation were not found.

The collected data made it possible to establish the truth in the case and draw a reasonable conclusion about the commission of Tetenkin's murder of Rybolovlev.

The second way offers the realization of knowledge of acts of behavior typical for certain groups of criminals before and after they commit crimes, about which criminal cases have been initiated.

In the literature, it is called the forensic analysis of the operational situation.

In the forensic understanding, the operational situation is a set of various behavioral acts that have taken place in a certain territory over a certain period of time, which are significant from the point of view of solving this crime.

The content of the operational situation includes two groups of heterogeneous circumstances. These are, firstly, phenomena that are subject to official registration due to their illegality and for other reasons (crimes, other offenses not covered by the criminal law, other recorded, although not illegal phenomena, such as facts of conscription into the army, death and burial of people and etc.) secondly, the facts of the event related to the life of the population, the behavior of people, although they are not objects of official registration and accounting, but nevertheless of operational and investigative interest (collective drinking, festivities, the appearance in the region of persons with a dubious reputation etc.) Dubyagin Yu.P. Guide to the search and investigation of non-obvious murders. - M .: Letter, 1997. - S. 157 ..

The activity of collecting, researching and using information about the operational situation is based on the following provisions.

The investigator proceeds from the premise that an unknown criminal who has committed a crime being solved in a criminal case is also a participant in other forensically significant behavioral acts. their participants are established who are then checked for their involvement in the crime being solved

The study of the operational situation can be carried out both within relatively small (within a village, microdistrict, district, city of district significance) and large regions (on the scale of a group of adjacent districts, an oblast, several oblasts, etc.) time should be covered, also does not have a clear answer. Sometimes it is effective to study the situation only for a period of several hours before or after the crime (sometimes both before and after). More often longer periods of time are covered (a day, several days, a month, etc.).

The implementation of this method involves, first of all, the identification of other crimes, presumably related to:

  • 1) with the preparation of a crime that is being solved (for example, when solving murders committed with the use of firearms, cases of unsolved thefts of the same type of weapon, robberies associated with the possession of such weapons are analyzed),
  • 2) with the commission of this crime,
  • 3) with ensuring the safe departure of the offender from the scene by hiding the traces of the deed in an attempt to avoid the detention of exposure,
  • 4) with the realization of the opportunities opened up as a result of the crime (sale of the stolen, use of forged documents, etc.)

Along with this, crimes similar in terms of some elements, committed by persons who are at large during the commission of the disclosed act, are analyzed. It should be borne in mind that the degree of similarity of individual elements or episodes of criminal activity may be different. This is due to the specific capabilities of the offender, the situation of the deed, the characteristics of the objects of encroachment and other circumstances of an objective-subjective nature. It may also be necessary to analyze crimes that generally have no similarities either in terms of their criminal law or in terms of forensic characteristics with the one being disclosed. This is due to the fact that the general antisocial orientation of persons who have embarked on a criminal path is often manifested in various, sometimes significantly different (both in form and content) actions that fall under the criminal law Dubyagin Yu.P. Guide to the search and investigation of non-obvious murders. - M.: Letter, 1997. - S. 160 ..

Information on this matter can be obtained from various sources(this is done by interviewing local residents, studying archival criminal cases, as well as cases of solved and unsolved crimes for which investigation is underway, the so-called abandoned materials in the bodies of inquiry, books of records of incidents in the city and regional departments of the bodies of the Ministry of Internal Affairs of materials and records of ambulance stations and etc.)

The content of the ORD is disclosed by the legislator through the definition of the concept of this activity with the designation of its purpose (Article 1 of the Law), by setting tasks (Article 2), defining principles (Article 3), legal framework (Article 4), an exhaustive list of operational-search measures (Art. 6), the grounds and conditions for their implementation (Art. 7 and Art. 8), the regulation of the rights and obligations of the subjects of this activity (Art. 14 and Art. 15), the use of the results of the OSA (Art. 11), etc.

The content of the operational-search activity is considered in the relationship of the subject and the actions carried out by him with a certain opposition to his objects of the operational-search activity. Operational-search activity to a certain extent is in the nature of a "conflict", a discrepancy between the goals and interests of the subjects and objects of this activity. The purpose of the former is to solve its problems, primarily to identify, prevent, suppress and solve crimes, identify and identify the persons who committed them, the purpose of the latter is to avoid responsibility, to evade justice. Since the procedural status of ORM objects is initially unclear, their guilt is not determined, the content of the ORD includes a number of provisions that are directly aimed at ensuring the rights and freedoms of a person and citizen in the implementation of this activity.



OPERATIONAL SEARCH PREVENTION (CRIME PREVENTION IN OPERATIONAL SEARCH ACTIVITIES)

1. The concept of operational-search prevention or prevention of crimes in operational-search activities

Operational-investigative prevention 1 is a set of special preventive measures carried out by operational units and employees of the bodies carrying out operational-search activity, within the established powers, with the aim of:

Prevention (prevention) of impending crimes 2 ;
- suppression of attempted crimes (i.e. suppression of intentional actions or inaction directly aimed at committing a crime);
- identifying persons prone to committing crimes and providing them with a preventive impact to prevent criminal attacks on their part;
- obtaining information about actions (inaction) or events that pose a threat to the state, military, economic or environmental security of the Russian Federation;
- identifying the causes and conditions conducive to the commission of crimes, as well as taking measures to eliminate and neutralize them.

The preventive activities of the ORO are based on the principles:

legality;
- observance of the constitutional rights and freedoms of man and citizen;
- combinations of overt and covert methods of work;
- interaction with state authorities of the Russian Federation, public associations, organizations (including those performing general educational functions) and citizens.

The main areas of preventive activities of the ORO are:

Crime prevention (general, which is a purposeful activity of the subjects of crime prevention to identify, eliminate and neutralize the causes and conditions of crimes; individual, which is a set of measures to identify specific individuals who can be expected to commit a crime and provide them or their environment with positive influence in order to prevent the commission of a crime and change the behavior of a person from antisocial to law-abiding);
- prevention (non-admission) of impending crimes (i.e. a set of measures aimed at preventing plotted and prepared crimes in order to incline persons to voluntarily refuse to find, manufacture or adapt means of committing crimes, search for accomplices, conspiracy to commit a crime or other intentional creating conditions for their commission);
- suppression of attempted crimes (i.e. a set of measures aimed at stopping intentional actions (inaction) of a person (persons) directly aimed at committing a crime).

Collecting information about criminally active persons, their intentions, connections, criminal experience, lifestyle, behavior, past and analysis of this set of information; if this information gives grounds to draw a conclusion about the likelihood of criminal behavior of this person, then operational and preventive monitoring is established for him, he is put on a preventive record;
- monitoring of persons put on preventive records is carried out, as well as search activities are carried out to detect signs of preparation of crimes, criminal intentions or criminal activities of these persons, their involvement in crimes that remain unsolved 3 ;
- work is underway to disunite and neutralize organized criminal groups (OCGs) or criminal communities (organizations) (PS);
- the reasons and conditions for the commission of crimes during the ORM are identified, and proposals are developed to inform the state authorities of the Russian Federation about the need to take measures to eliminate and neutralize these causes and conditions;
- documentation of work is carried out to record the facts and circumstances, actions and deeds of persons under operational and preventive supervision, including using video, audio recording and photography; the results of documentation are attached to the preschool educational institution or to the materials of the collections of individual prevention in accordance with the regulatory legal acts regulating the OSA;
- the received materials are realized taking into account the non-disclosure of covert sources of information.

The objects of preventive activities of the ORO are:

Persons preparing crimes, or attempting to commit them, or expressing the intention to commit unlawful acts;
- persons contributing in various ways (in the absence of elements of a crime in their actions or inaction) to commit crimes or create a threat to the state, military, economic or environmental security of the Russian Federation (for example, persons creating prerequisites for the leakage of information constituting state, official and other legally protected secret);
- persons who in various ways prevent employees of law enforcement and regulatory bodies from performing their official duties, as well as exerting psychological and other influence on them and their loved ones in order to influence the results of their official activities;
- persons with whom the RO has terminated confidential cooperation on grounds that compromise them;
- law enforcement officers who create prerequisites for the disclosure of confidential sources, planned operational-search activities, for the leakage of information constituting state, official and other secrets protected by law;
- the very causes and conditions that contribute to the commission of crimes by individuals and legal entities, as well as malfeasance in law enforcement and regulatory bodies.

Special mention should be made of the preventive activities of the ORO to prevent terrorism, including the identification and subsequent elimination of the causes and conditions conducive to the commission of terrorist acts (prevention of terrorism). This is fundamentally guided by the Federal Law of the Russian Federation of March 6, 2006 No. 35-FZ “On Countering Terrorism”.

BUT. Consider the content of individual preventive work.

The basis for carrying out individual prevention is the availability of reliable data indicating the possibility or intention of a person to commit a crime.

The decision to implement individual prevention should be based on a thorough criminal law analysis of the person's actions, taking into account the characteristics of his personality and other circumstances.

The prevention of specific individuals should not entail the infringement of their constitutional rights and freedoms.

The activities of the RO for the implementation of individual prevention include:

a) identification of persons subject to prevention;
b) study of these persons and sources of negative impact on them;
c) predicting the individual behavior of the object of prevention;
d) verification of the object of prevention according to operational records;
e) putting the object of prevention on the appropriate preventive account;
f) planning measures for individual prevention;
g) direct preventive impact;
h) verification of the results of preventive measures taken.

Preventive action is carried out in the following main forms:

1) individual conversation (introductory and explanatory, educational with the involvement of the public, warning with the removal of an official presentation);
2) attraction to individual work persons who can have a positive impact on the person being prevented (for example, officials of regulatory and other state authorities, the public, family members of the object of prevention);
3) creation around the object of prevention of an environment of intolerance for antisocial behavior, excluding the commission of illegal acts by him;
4) implementation of constant and preventive control over the actions of the person being prevented;
5) other forms.

The methodology for carrying out each of the forms of preventive action is developed by the operational divisions of the bodies that carry out the operational-search activity. As an example, consider some standard provisions of the method of conducting an individual conversation.

Individual preventive impact in the form of a conversation is carried out using the method of persuasion and, as a rule, contains:

a) an explanation of the reason for the conversation;
b) obtaining explanations in writing with the consent of the prevented person or orally about the circumstances and motives for committing offenses;
c) warning about possible consequences in case of realization of criminal intentions.

It should be remembered that in the course of an individual conversation, it is prohibited to use information received from persons who confidentially cooperate with the ORO, if this could lead to their decryption. During the warning conversation in accordance with paragraph 13 of Part 1 of Art. 11 of the Law of the Russian Federation of April 18, 1991 No. 1027-1 (as amended on March 31, 1999 No. 68-FZ) “On the Police”, an official mandatory submission for the elimination of government agency, organization or public association of circumstances conducive to the commission of crimes.

For carrying out individual preventive work, as a rule, office premises of law enforcement agencies are used, the environment and conditions in which must meet safety requirements and contribute to the achievement of the goal of prevention.

Individual preventive measures cannot be taken against persons suspected of committing a crime. In these cases, if there are grounds provided for by the criminal procedure law, a procedural decision must be made.

B. Consider the content of crime prevention activities.

This area of ​​preventive activity is a complex of operational-search and other measures aimed at preventing planned and prepared crimes. Crime prevention includes:

a) identification of persons deliberately creating conditions for the commission of a crime;
b) elimination of the circumstances that the person intends to take advantage of when committing a crime;
c) artificial creation of an environment that excludes or significantly impedes the possibility of committing a crime;
d) bringing a person to criminal, administrative, disciplinary and other liability for the commission of prepared actions.

The methods of action to prevent crimes are selected depending on the current situation, the specific composition of the planned and prepared crime, the social status of the defendant, his psychological characteristics and other conditions and circumstances.

Documentation of work to prevent planned or prepared crimes, as well as registration decisions taken(including procedural ones) is organized in accordance with regulatory legal acts regulating operational-investigative, criminal procedural and administrative procedural activities, as well as the procedure for bringing law enforcement officers to disciplinary responsibility. The very illegal activity of persons contemplating or preparing to commit crimes is necessarily documented, including recorded in accordance with the law using photography, video and audio recording.

3. Separation and neutralization of organized criminal groups and criminal communities (organizations) as a form of operational-search prevention

Organized crime has affected almost all spheres - political, economic, social. OPG and PS operate in every subject of the Russian Federation. They are formed into strict vertical systems and have both interregional and international ties. The scale of organized crime in Russia is becoming national threat. Therefore, the ORO is faced with the task of reducing the scale of this dangerous phenomenon, taking measures to disunite and neutralize organized crime groups and PS, bringing their leaders and participants to justice. Therefore, the separation and neutralization of organized crime groups and PS should be considered as one of the most important and complex forms of operational-search prevention using conspiratorial (tacit), and, if necessary, demonstrative methods of influencing all aspects of relations in organized crime groups and PS and their surroundings, aimed at to the violation or weakening of the links of organized crime groups and PS, the reduction or deprivation of the effectiveness of their joint criminal activities.

Domestic and foreign practice of law enforcement agencies in the separation and neutralization of organized crime groups and PS developed the following most optimal ways to carry out these activities aimed at depriving organized crime groups and PS of its infrastructure, connections and sources of funding:

Decomposition of a criminal formation from within using confidants and full-time covert employees (for example, by authorized "recruitment" of operatives by defendants in order to penetrate their environment), conspiratorial influence on the leaders of organized crime groups and PS;
- the use of emerging conflict situations and contradictions in relations between the links of the organized criminal group and the PS, the leaders of the organized criminal group and the PS and its most active members, discrediting the leaders and authorities of the organized criminal group and the PS in the eyes of accomplices;
- initiation of the situation and situations (for example, through various kinds of misinformation), causing the indispensable appearance of contradictions and conflict relations between individual members and links of organized crime groups and PS;
- impact on organized crime groups through the active use of circumstances that have an external impact on the strategic goals of organized crime groups and PSs, primarily on their legal intrusion into the economic sphere, laundering of criminal proceeds, on imposing their own rules on the business community and real impact on certain spheres of the socio-economic life of the regions, as well as on plans for them to commit crimes;
- disclosure of any crimes committed by members of criminal groups, carried out by the joint forces of various ORO, as well as by the prosecutor's office;
- forceful real or demonstrative impact of ORO on organized criminal groups and PS, aimed at reducing the sphere of influence of organized crime groups and PS, destroying plans for their criminal activities, creating favorable conditions for the operational development of organized crime groups and PS, collecting evidence to expose and bring to justice the participants in crimes;
- the use of market mechanisms for the shadow economic activity of organized crime groups and PSs, as well as the possibilities of competing structures, which undermines the financial basis of organized crime groups and PSs.

Separation and neutralization of organized criminal groups and PS takes a long time, but it allows to solve serious crimes of the past years, return money stolen from the state from abroad to the country and clear the regions from criminal influence.

In the international practice of actions to separate and neutralize organized crime groups and PSs, the following methods are most often used:

Creation of tension in the organized crime group and the PS on various issues of their activities, bringing this tension to conflict situations, clashes between the groups that are part of the organized crime group and the PS, leading to a partial or complete rupture of ties between them;
- creation of OROs of special structures camouflaged as organized crime groups and PSs, with their help ousting organized crime groups and PSs from certain areas of business activity (market sectors) and establishing control over organized crime groups and PSs by these structures;
- the arrangement of clashes of interests of various organized crime groups and subsidiaries, the gradual bringing of their opposition to each other to the weakening of each of them as a result of the struggle among themselves;
- Gradual displacement of the strengthened organized criminal groups and PS from the market sectors using competing organized crime groups and PS with covert operational support of a competitor, based on the tactical and strategic interests of fighting organized crime;
- replacement of the leaders of organized crime groups and PSs and their entourage with those members of organized crime groups and PSs that may be more susceptible to influence from the ORO;
- forcing uncertainty and fear among the members of the organized criminal group and the PS by conducting more frequent military actions against them;
- organization and conduct of official checks of active members of the organized criminal group and PS for a variety of reasons, including the legendary ones;
- frequent detentions of members of organized criminal groups and PS, regardless of whether legal consequences will come for these temporarily detained;
- exerting pressure on business structures controlled by organized criminal groups and PS;
- constant operational development of convicted leaders and other participants in organized crime groups and PS in institutions executing punishment.

Anti-criminal intelligence, which consists in conducting ORM of the ORM complex and other measures (including analytical ones) aimed at obtaining operationally significant information about the criminal intentions of organized crime groups and PS, is of great importance in the separation and neutralization of organized crime groups and PS. It should be considered a response to criminal intelligence, which is one of the main means of organized criminal groups and PS, without the use of which not a single direction of their criminal activity is realized, especially counteraction to law enforcement agencies. Criminal intelligence, for the implementation of which significant funds are allocated, is carried out in order to collect various kinds of information regarding the activities of law enforcement and regulatory authorities, business entities and specific individuals.

In conclusion, we note that, in general, such a significant task as the prevention of crime as a whole should be addressed based on the population, on the institutions of civil society, with strict observance of the constitutional rights and legitimate interests of citizens.

Operational search as the initial organizational and tactical form of operational-search activity, there is a system of operational-search activities carried out by internal affairs bodies in order to detect persons, facts, objects (including property), documents of operational interest.

An analysis of the fight against crime allows us to conclude that operational search is most often aimed at identifying information about the following categories of objects:

persons of operational interest;

The events of the crime

Circumstances conducive to the commission of crimes;

property stolen as a result of a crime;

Documents, instruments of crime, as well as other items, traces and places of detective value or prohibited for use, carrying or storage.

Subjects operational search are employees of operational units and other ATS services; citizens assisting them, incl. on a confidential basis.

In order to search for the necessary information, operational-search measures, technical and other means specified by the Law on OSA are used.

Operational search activities can be carried out in continuous mode (at the operational service facility), periodically (on all, several, one object) or selectively (locally, on the part of the object of interest).

The effectiveness of the collection of information of operational interest depends largely on the knowledge of the operational staff of the essence of operational recognition, search features, tactical methods of operational search.

Depending on the search property, the signs by which it is possible to carry out operational recognition are divided into two main groups: group, indicating the group affiliation of the object of recognition, and individual, specific to a person, thing, or event.

To the main search features objects of interest for operational-search activities include:

signs of a person's appearance (including a suspect, an eyewitness, etc.);

traces left at the crime scene;

· traces left on the body, clothes of persons who were at the scene of the crime (including on the perpetrators and eyewitnesses);

signs of stolen property;

the way in which the crime was committed (modus operandi);

Nicknames and nicknames of criminals and their accomplices.

The main directions for the implementation of this organizational-tactical form of the ORD are the search for:

among citizens living in the territory serviced by the internal affairs body, in places where crimes are likely to be committed;

· in criminogenic groups (among persons with previous convictions, drug addicts, alcohol abusers, etc.);

among those brought to criminal responsibility for the crimes they have committed;

· on objects of the state, municipal and other property on which commission of crimes is possible;

· in places of concentration of persons of operational interest, as well as in places of alleged sale of stolen goods.

It should be noted that the operational search in each of these areas has its own organizational and tactical features, which must be taken into account when conducting it and reflected in tactical plans.

When carrying out search activities, operational officers can be significantly assisted in obtaining information of operational interest by employees of other services of the internal affairs bodies and members of the public.

Primary information (information) that does not need additional verification is subject to use (implementation) in order to solve the tasks of the operational-search activity and other operational tasks of the ATS.

Under implementation of primary information their use is understood to take measures against persons who have committed unlawful acts, as provided for by law, as well as to eliminate the causes and conditions conducive to the commission of offenses.

Primary information can be implemented in several ways, determined by its content and completeness:

a) taking general preventive measures;

b) the implementation of measures aimed at preventing and suppressing specific planned or prepared crimes;

c) the initiation of a criminal case or the transfer of verified primary information to the investigative apparatus for the conduct of a preliminary investigation and the adoption of operational-search measures aimed at uncovering the crimes committed (clause 1, article 3, articles 109, 112 of the Code of Criminal Procedure of the RSFSR);