TYPICAL INVESTIGATORS IN THE INITIAL STAGE OF THE INVESTIGATION OF MURDER COMMITTED WITH PARTICULAR CRUELTY, AND THE ALGORITHM FOR THEIR SOLUTION
Pages: 280-292
Year: 2023
Location: Pravova Ednist Ltd
Keywords
pre-trial investigation, murder with particular cruelty, investigative situation, investigative (search) actions, organization and tactics of investigative (search) actions.
Review
The article is devoted to the study of typical investigative situations of the initial stage of the investigation of murders committed with particular cruelty. On the basis of a systematic analysis of the scientific forensic literature and the materials of investigative and judicial practice of investigating crimes of the investigated type, it was concluded that it is the investigative situation that develops at a certain stage of the investigation (initial or subsequent) that determines its organization, determines the sequence of procedural actions and their organizational and tactical support. We considered the investigative situation as an imaginary, abstract, artificial information model, which is the result of a generalization of the practice of investigating criminal offenses of a particular type, as well as a real set of conditions, given factors that exist at a certain stage of the investigation. The results of the systematic analysis of criminal proceedings opened on the grounds of the crime provided for in Clause 4, Part 2 of Article 115 of the Criminal Code of Ukraine, give grounds for the conclusion that the following typical investigative situations are formed at the initial stage of the investigation: a murder with particular brutality was committed under conditions of obviousness, witnesses to the event were established, the criminal was detained at the scene of the crime; the murder with particular brutality was committed under conditions of obviousness, the witnesses of the event were established, there are establishing (initial) data about the criminal who fled from the scene of the crime; the murder with particular brutality was committed under the conditions of obviousness, witnesses to the event were established, there are no or extremely limited identifying data about the criminal, the criminal fled from the scene of the crime; the murder with particular brutality was committed under conditions of non-obviousness, there are data on the occurrence of a criminal offense with a high level of probability, the criminal was detained at the scene of the incident; the murder with particular brutality was committed under conditions of non-obviousness, there are data on the event of the criminal offense and the identity of the criminal with a high level of probability; the murder with particular brutality was committed under conditions of non-obviousness, there are only probable data (assumptions) about the event and the way the crime was committed, there is no data about the criminal. Algorithms of procedural actions of the investigator and non-procedural measures are proposed, which should be carried out in every typical investigative situation. The main organizational and tactical features of decision-making and directly conducting investigative (investigative) actions (interrogation of witnesses, suspect, search, investigative inspections, including surveys, appointment of forensic experts, etc.) with the aim of increasing the effectiveness of the investigation at its initial stage are defined.