Lecture 19 Methodology for investigating thefts, robberies, robberies (page 1)

Lecture 19 Methodology for investigating thefts, robberies, robberies (page 1)

Lecture 19 Methodology for investigating thefts, robberies, robberies

§ 1 Criminal law and forensic characteristics of thefts, robberies, robberies.

The most common crimes against property (Chapter 21 of the Criminal Code of the Russian Federation) are theft, robbery and robbery for which responsibility is established by Art. Art. 158, 161, 162 of the Criminal Code of the Russian Federation.

The common and direct target of thefts, robberies and assaults is other people's property. As a rule, the items of theft are money, wearable items, equipment or small expensive items (for example, jewelry, cell phones, etc.). By type of property that is being encroached upon, one can distinguish theft of property of individuals, theft of property of commercial legal entities, theft of state or public property.

In some cases, the legislator attaches special importance to the subject of theft (for example, items of special value). In such cases, an attack on a special object receives its own criminal law characteristics. Thus, the subject of theft provided for in Art. 164 of the Criminal Code of the Russian Federation, there may be objects or documents that have special historical, scientific, artistic or cultural value.

The objective side is characterized by the unlawful gratuitous seizure and (or) conversion of someone else’s property for the benefit of the perpetrator or other persons, committed for selfish purposes, causing damage to the owner or other holder of this property by these actions.

According to the method of acquiring such property, they are distinguished:

theft, i.e. secret theft of someone else's property (Article 158);

robbery - open theft (Article 161);

robbery - an attack with the purpose of theft, committed with the use of violence dangerous to the life or health of the person attacked, or with the threat of using such violence (Article 162).

The secret theft of someone else's property (theft) should be classified as the secret actions of a person who has committed an illegal seizure of property in the absence of the owner or other possessor of this property, or unauthorized persons, or although in their presence, but unnoticed by them. In cases where these persons saw that a theft was being committed, but the perpetrator, based on the surrounding situation, believed that he was acting secretly, the act was also a secret theft of someone else's property.

Open theft of someone else's property, provided for in Article 161 of the Criminal Code of the Russian Federation (robbery), is the theft that is committed in the presence of the owner or other owner of the property or in full view of strangers, when the person committing this crime is aware that those present at the time understand the illegal nature his actions, regardless of whether they took measures to suppress these actions or not.

When determining the amount of stolen property, one should proceed from its actual value at the time the crime was committed. In the absence of information about the price, the value of the stolen property can be established on the basis of expert opinions.

The special historical, scientific, artistic or cultural value of stolen objects or documents (Article 164 of the Criminal Code of the Russian Federation) (regardless of the method of theft) is determined on the basis of an expert opinion, taking into account not only their value in monetary terms, but also their significance for history, science, art or culture.

A mandatory sign of the objective side of robbery is the use or threat of use of violence dangerous to life or health.

Violence dangerous to life or health (Article 162 of the Criminal Code of the Russian Federation) should be understood as violence that entailed the infliction of grave and moderate harm to the health of the victim, as well as the infliction of minor harm to health, causing a short-term health disorder or a minor permanent loss of general ability to work.

Violence should be considered dangerous to life or health even in cases where it did not cause harm to the life or health of the victim, but at the time of use created a real danger to his life or health.

In cases where, in order to steal someone else's property, a potent, poisonous or intoxicating substance dangerous to life or health is introduced into the victim's body against his will or by deception in order to bring the victim into a helpless state, the act must be qualified as robbery. If, for the same purpose, a substance that does not pose a threat to life or health is introduced into the victim’s body, the act must be classified, depending on the consequences, as robbery combined with violence. The properties and nature of the action of substances used in the commission of these crimes can, if necessary, be established with the help of an appropriate specialist or by expert means.

The subject of the crime is a person over 14 years of age. These crimes are characterized by direct intent and have a “common set” of aggravating circumstances, namely: the commission of an attack by a group of persons by prior conspiracy; repetition; penetration into a home or other storage facility; causing significant damage and, depending on the nature of the crime, other aggravating circumstances are provided. This explains the similarity of their investigation methods.

When investigating thefts, the following circumstances must be established: whether theft occurred (in practice, there are often cases of erroneous statements about theft and facts of staged theft); time, place and method of the theft; whether the criminal used technical means and which ones; from whom the theft was committed and who owns the stolen property; on what basis did the victim possess the subject of the criminal offense; what things were stolen, their signs; the amount of damage caused; where the stolen property is located; who committed the theft; the number of criminals, the role of each of them in committing the crime, whether there was a prior conspiracy between them, whether the criminal committed other thefts; what circumstances contributed to the theft.

In addition to those indicated during the investigation of a robbery or assault, it is of particular importance to clarify the following circumstances: whether the offender used violence during the attack, how it was expressed, whether it was dangerous to the life and health of the victim, whether he was injured and to what degree of severity; whether the criminal was armed, what exactly, where he got the weapon from and where it is located; whether he used vehicles; whether the criminal tried to hide the crime, what methods were used for this; whether anyone knew about the impending or committed crime. When investigating robberies and robberies, the victim is an important source of information about the identity of the criminals and the circumstances of the crime.

Essential for the forensic characterization of thefts is the secret nature of the abduction and, as a rule, the absence of eyewitnesses to the crime. Information about the circumstances of the theft is obtained by studying traces of a break-in, traces of hands, feet and other changes made by the criminal to the material situation. The main direction of the theft investigation depends on the method of its commission.

Theft of personal property can be classified according to the place where it was committed, the subject of the theft and the method of seizure of the property.

Thefts vary depending on the location: thefts at train stations, on trains, in hotels, shops, theaters, schools, etc.

The subject of theft varies: theft of household items, theft of suitcases from passengers, purses from spectators, livestock and poultry, cars, etc.

According to the method of seizure of property, it is necessary to distinguish: theft of temporarily abandoned unguarded property (purchases, parcels, bicycles, etc.); theft of household items from stairwells and garden plots; theft through open windows and vents, including using the so-called “fishing rod”; thefts from wardrobes and locker rooms; pickpocketing. Burglary has become widespread in large cities.

The personality of a criminal is usually characterized by a stable antisocial orientation. A significant part of the criminals had previous convictions. The vast majority of thefts are committed by men. In many cases, a person is under the influence of alcohol or drugs when committing criminal acts.

Regarding the identity of the victim, it can be noted that, according to statistics, a significant number of thefts (both secret and open) are committed from persons with whom the offender met on the eve of the crime (for example, while drinking alcohol together), seeing that the victim had a large amount of money or expensive property, decided to take possession of them. Also, thefts are often committed “on a tip” made by one of the victim’s acquaintances. Cases where the offender and the victim did not know each other are also common (for example, pickpocketing, robberies and robberies committed against random passers-by).

Depending on the subjective prerequisites, the nature and ownership of the stolen property, the conditions of its storage, and the situation, there are two main ways of committing robberies:

an attack preceded by preliminary preparation; attack without preparation, with sudden criminal intent.

Preliminary preparation for an attack on any object of attention of criminals (a warehouse, store, savings bank, office, apartment, taxi, etc.) is characterized by planning and implementation of the following actions:

— familiarization with the location of the object, routes of approach and escape;

— preparation of weapons for attacking people (firearms or bladed weapons, gas cylinders), weapons for breaking barriers (locks, doors, bars);

- theft of a vehicle to remove stolen property and leave the scene of a crime;

— “reconnaissance” of the attack site, calculations based on time and distance;

- taking measures to change appearance through the use of masks, wigs, glasses.

Crimes without prior preparation are committed situationally, as a rule, in deserted places, by persons in a state of intoxication.

Of great importance for putting forward search versions about the subject of a crime is such an element of forensic characteristics as information about the group and individual characteristics of persons committing robbery attacks.

Theft investigation

When constructing a methodology for investigating thefts, it is most important to take into account the method of their commission, primarily by whom, where, what and how it was stolen.

The methods for investigating burglaries and burglaries from state and public storage facilities are of greatest practical importance.

The investigation of burglaries begins, as a rule, in the absence of any information about the persons who committed the crime. In this regard, initial investigative actions and their skillful combination with operational search activities aimed at detecting criminals and stolen property become especially important.

The most important initial investigative actions in these cases are inspection of the scene of the incident, interrogation of the victim and eyewitnesses. The main task of these actions is to collect the data necessary to build versions of the persons who committed the theft and to search for stolen property.

Such data includes, first of all, information about the acquaintance of the criminal with the victim and the place of the theft. Apartment burglaries are often committed by persons who are in one way or another connected with the victim: his relatives, neighbors, co-workers, acquaintances. The criminal’s knowledge of the victim’s home environment and lifestyle inevitably affects the method of committing the crime. Therefore, it is recommended to pay attention to the way the criminal entered the apartment, his knowledge of the structure of door locks, places to store things, location of rooms and emergency exits. The criminal’s orientation at the scene of the theft also affects the speed and purposefulness of his actions, the choice of storage facilities to be opened and the selection of valuables, and the length of stay at the crime scene. Particular attention should be paid to the time of the theft and the choice of stolen valuables. Criminals’ knowledge of the time of absence of apartment residents, the time they received property, money or other valuables, places of their storage, etc. may indicate a certain circle of persons who could commit the theft.

During the investigation of one case, it was established that the theft was committed in the morning during the short absence of the owner, who was making purchases at the market. Usually there was someone in the apartment. The perpetrator was identified among the victim's neighbors.

Information about the profession and occupation of the criminal can often be obtained by studying the method of entering the premises, overcoming barriers, opening locks, and using certain technical means. In some cases, the type and type of property stolen indicate that the criminal has certain professional and technical skills. Thus, car theft, theft of scientific equipment, books, paintings, and other artistic values ​​are usually committed by persons possessing certain professional and technical skills and knowledge.

For example, during the investigation of a series of thefts of television cables, suspicion fell on one of the workers of the television studio. During the search, pliers were confiscated from the suspect, which were identified by traces of the cable being cut at the theft sites.

The profession and occupation of criminals can be determined by the objects, particles of substances and other traces they left behind. Thus, in practice, there was a case of identifying a criminal based on a button from a serviceman’s uniform. In another case, the criminal, who worked as a stoker, was identified by particles of coal brought to the scene of the theft.

Information about the appearance and physical properties of criminals can be obtained by studying the traces of hands, feet, teeth and actions they left behind. Thus, breaking into storage facilities, moving furniture, removing objects located at a certain height, and other actions may indicate the physical strength and height of the criminal. By studying the actions performed at the scene of the theft, it is possible to determine the number of criminals, what traces from the scene of the theft could remain on the body, clothes and tools of the criminals, for example, dust and soot from a destroyed chimney, traces of oil and other food substances, particles of paint on burglary tools and etc.

When staging an apartment burglary in order to conceal the fact of loss or embezzlement of valuables entrusted to the apartment owner, the criminal is psychologically content with simulating traces and external signs of the crime. Criminals succeed in reproducing the method of crime, representing its internal, hidden side, only in exceptional cases. As a result, a detailed study may reveal a discrepancy between the method of the crime allegedly committed and the traces left during the staging. It often turns out that the traces found could not have been left at all using this method of committing the theft. For example, traces of a door being broken into were left not on the outside, but on the inside; traces on the lock shackle were left at a time when the lock was not in the closed, but in the open position; traces at the ends of the puncture or screws indicate not that they were pulled out, but that they were unbent, unscrewed, etc. In other cases, it turns out that with this method of theft there must have been traces left that are actually absent (negative circumstance). For example, there are no footprints found on the dust-covered floor where the criminals must have walked, or there are no traces of moving objects, breaking doors or locks, etc. Staging may also be indicated by traces of aimless damage to objects, their scattering, and a discrepancy between the sequence of traces left and the actions of the criminals. Thus, during the investigation of one of the thefts, based on the location of the pieces of broken glass, it was established that the “criminals” first scattered the things under the window, and only then broke the window from the outside into the room.

During the interrogation of the victim

it is necessary to find out the circumstances under which he discovered the theft and collect information about the stolen property and suspects. In addition to finding out where and when the victim noticed the theft or learned about its commission, you should ask him in detail about the changes that he discovered in the apartment after the theft and which may indicate certain actions of the criminals.

Of great importance for the search for the stolen person is a detailed clarification from the victim of signs of property that disappeared after the theft. In addition to group characteristics (name, quantity, price, grade, color, place of manufacture, etc.), it is important to establish the individual characteristics of a thing, usually known to its owner. These are, for example, numbers of bonds, typewriters, scuffs or tears in clothing resulting from wear, embroidered or otherwise applied marks, inscriptions, ink or oil stains, etc. In order to obtain information about the suspects, it is advisable to find out from the victim who might have known about the presence and location of stolen valuables, whether the victim himself informed anyone about this, whether unauthorized persons visited his apartment in connection with repairs, maintenance of the energy network, or purchase -selling any things, etc.

Operational search activities are carried out simultaneously with investigative actions.

, the nature of which is determined by the collected data on criminals and stolen valuables. If, judging by the circumstances of the case, the criminals are located near the scene of the theft, it is necessary, with the help of police officers, to organize a pursuit in the footsteps of the criminals, ambushes in places where they may appear, or a “combing” of the surrounding area. Along with checking suspicious persons, it is advisable during these activities to identify additional witnesses and obtain from them information about hiding criminals. It is advisable to involve members of the public in these events.

Search for stolen property

Search for stolen property

, as a rule, is carried out by police officers and begins immediately upon receipt of information about the stolen person. For this purpose, inspections of markets, buying points, consignment stores, and pawnshops are organized. If the criminal could go to another place to sell the stolen property, it is necessary to inform the police authorities of the relevant districts and regions about the signs of the criminals and the stolen property.

Of great importance for the search for criminals is the use of forensic records (criminal registration) and material evidence found at the scene of the theft. The fingerprints of the criminals discovered during the inspection of the crime scene must be checked using a fingerprint file. These traces must be sent to the forensic department of the police to compare them with fingerprints found during the investigation of other crimes.

The methods of committing theft established during the investigation must be compared with the methods of similar thefts committed recently in the area. For this purpose, information available in the police and prosecutor's offices is used.

Currently, a number of forensic institutions have carried out experimental work on the creation of computer-based information retrieval systems that make it possible to obtain data on the identity of the criminal and the circumstances of the crime by studying the natural statistical relationships of the elements of criminal activity that appear in representative arrays of criminal cases. This work was carried out separately on an array of burglaries in a large city and thefts of state and public property.

These information retrieval systems can be successfully used to build standard versions when investigating thefts.

If, when comparing the crimes under investigation, a coincidence of the expressed individual characteristics of the method of committing the theft is established, it can be concluded that the thefts being compared were committed by the same person or group of persons. This conclusion is very important for more accurately determining the area of ​​activity and location of criminals, replenishing information about their identities and directly identifying the perpetrators (if they are identified in one of the crimes being compared). Of similar importance is the verification of persons living in a given area who have previously been convicted of similar methods of committing theft.

Cases of pickpocketing are usually initiated as a result of the arrest of a criminal red-handed or at the request of the victim when the criminal managed to escape.

When detained red-handed, the main task of the investigator is to verify the involvement of the detainee in the theft, to detect and procedurally record evidence.

The greatest difficulties are caused by the investigation of pickpockets.

, initiated at the request of the victim when the criminal fled.
In these cases, operational search and investigative actions to identify and detain the criminal become of primary importance. The starting point among such activities is the interrogation of the victim
, during which information is obtained about the stolen valuables, the time, place and method of the theft, and the suspects. When ascertaining the circumstances preceding the theft, attention is paid to the moments when the victim was in a crowd, squeezed or pushed by other persons, when his attention was distracted by throwing an object, exclamations, quarrel or any similar means. Distraction is used by pickpockets to quickly and quietly remove valuables from a pocket, bag, etc. In this case, roles are often distributed: one of the accomplices distracts the attention of the victim, and the other accepts the stolen goods. In some cases, when committing thefts, criminals use devices to disguise their actions (“screens”), artificial hands, etc.

If the victim has doubts against any person, it is necessary to interrogate him in detail about the appearance of that person and the clothes that person was wearing. Then it is advisable for the victim to present an album with photographs of persons who, according to the criminal investigation department, may be involved in pickpocketing. The victim's identification of a specific person should be documented in a protocol.

The circle of suspects in pickpocketing may be limited to studying the method of committing it. Persons who repeatedly commit thefts use the same method of committing it, which allows criminal investigators to identify the criminal. It is essential to study the time, place and special circumstances of pickpocketing, for example, theft from people sleeping on trains, theft from drunks, etc.

If there are reasonable suspicions against a certain person, he is subject to immediate detention and a personal search.

.
a personal search of the detainee
with interrogation about the amount of money he has and the contents of documents. The discovery of special devices for committing theft and things belonging to different persons, for example, several watches, wallets, passports, etc., is of serious incriminating significance. A search of the detainee's apartment may also lead to the discovery of similar evidence of his criminal activity. The detainee is fingerprinted and checked against criminal records.

Inspection of the crime scene is advisable in all cases where the criminal could have thrown away stolen or incriminating things, left traces of his presence, as well as for a detailed study of the circumstances and method of committing pickpocketing. When items thrown by a criminal or stolen items are found, they are checked to see if there are fingerprints on them. In a positive case, a fingerprint examination is prescribed. If parts or particles of a substance preserved in the victim’s pockets or bag (fabric, tobacco, dust, hair, etc.) are found on the objects, body or clothing of the suspect, their comparative study and subsequent examination must be carried out.

Of considerable importance in the investigation of pickpocketing is the interrogation of police officers who participated in the arrest, store employees, transport services, etc. about the behavior of the accused at the scene of the theft, the neighbors and colleagues of the accused about his lifestyle, connections, etc.

Investigation of robberies and robberies

The greatest public danger among crimes against property is robbery. The open nature of the crime makes it especially important in the cases under consideration to conduct qualified interrogation of victims and eyewitnesses of the crime. The seizure of the victims' property by criminals allows the investigation to be carried out in the direction of searching for the stolen property. The investigation differs significantly depending on whether violence was used or not used during the seizure of property. The use of bladed weapons and firearms, resistance and active defense of victims lead to the appearance of numerous traces that are successfully used to search and identify criminals. A special situation arises in cases where robbery is accompanied by the death of the victim. In these cases, the murder investigation technique is used.

In cases of robbery and robbery, the initial investigative actions include interrogation of victims and eyewitnesses, inspection of the scene of the incident, forensic medical examination of the victims, as well as operational search activities based on specific circumstances.