Review

Based on a systematic analysis of scientific forensic literature, provisions of the current criminal procedural legislation of Ukraine, materials of investigative and judicial practice the author of article explores the features of the method of committing robbery with penetration into the dwelling as an element of their forensic characteristics.

Today, in scientific literature scientists express different thoughts and approaches to the definition of the concept of a crime commitment (the method of crime commitment), it’s structures and correlation with other elements of forensic characteristics.

Based on the analysis of investigative and judicial practice, we have identified three independent but interrelated structural elements of the method of committing the robbery, namely: the way of preparation, immediate execution and the method of concealment.

The specifics of the method of committing robbery with the penetration of into the dwelling is that an attack for the purpose of committing a robbery is committed with the use (or threat of use) of violence, which is dangerous to the life and health of the victim, the use of physical force or the threat of its use, which causes a real danger to health, for example, squeezing the neck, hands, grabbing hair, etc., also here it is necessary to include the introduction into the body of the victim person dangerous to life and health of potent psychotropic substances, which leads to helpless state of the victim's person, it is possible to distinguish three main ways of committing robbery with penetration into the dwelling: 1) secret penetration; 2) open penetration; 3) the penetration into the dwelling in a fraudulent way.

Given the fact that the assault at committing robbery with penetration into the dwelling is manifested through the use of violence, it should be pointed out that violence can be both physical and mental.

In this article we have found out the peculiarities of the method of committing robbery with penetration into the dwelling as an element of their forensic characteristics, identified its problematic aspects and provided scientifically sound proposals for their solution.

Keywords: criminalistic characteristic, way of committing, robbery, penetration into dwelling.