Participants of the crime scene inspection
Issues of organizing interaction between internal affairs bodies during the detection and investigation of crimes, including during the inspection of the crime scene, are regulated by the norms of the Code of Criminal Procedure of the Russian Federation and departmental regulatory legal acts (orders of the Ministry of Internal Affairs of Russia, instructions, directions).
To ensure immediate travel to the scene of an incident, investigators are on duty in each territorial department of the Department of Internal Affairs, coordinated with operational services and forensic units.
After receiving a report of a crime, to ensure the most effective implementation of urgent investigative actions (including inspection of the crime scene) and operational search activities, an on-duty investigative and operational group (hereinafter referred to as SOG) is formed. It includes:
investigator or interrogator;
employees of operational units;
public security police officers;
employees of forensic units;
dog inspector (if it is necessary to use a detection dog).
In addition to the indicated employees, the operational duty officer of the internal affairs body and the person responsible from the management of the internal affairs body also take part in the activities of the duty SOG.
Duty Officer
by the internal affairs body, preparing for the inspection after receiving a report of a crime:
1) takes measures to suppress the crime (with the involvement of immediate response groups, patrol service, local police officer), detain the persons who committed it, block possible escape routes and block their hiding places, identify eyewitnesses, ensure the protection of the scene of the incident;
2) organizes a visit to the scene of the incident by the SOG on duty by providing its personnel with forensic equipment, means of communication and transportation, and, if necessary, attracts additional forces and means for inspection;
3) maintains contact with the SOG on duty to constantly receive information about the situation at the scene of the incident in order to take, if necessary, additional measures to organize the above investigative action;
4) organizes the receipt of the necessary information from existing data banks and immediately transfers it to the SOG.
Responsible duty officer from the management of the internal affairs body
:
1) goes to the scene of an incident upon receipt of a message about the commission of a grave or especially grave crime, as well as in other cases requiring his presence;
2) ensures control over the organization of the activities of the duty SOG.
Investigator
is an official authorized, within the limits of competence provided for by the Code of Criminal Procedure of the Russian Federation, to carry out a preliminary investigation in a criminal case, to independently make decisions on investigative and other procedural actions (with the exception of cases when obtaining a court decision or the consent of the head of the investigative body is required). During the preparation and inspection at the scene of the incident, the investigator:
1) manages the SOG on duty, determines the order of its work, ensures the coordination of the actions of its personnel to identify victims, eyewitnesses of the incident and persons who committed a crime, as well as collecting (detection, recording and seizure) traces of a criminal act;
2) if necessary, through the operational duty department of internal affairs, attracts additional specialists and other persons (for example, employees of the patrol service[3]) to participate in the inspection of the scene of the incident;
3) puts forward forensic versions, taking into account the information received at the scene of the incident, and plans the implementation of urgent measures aimed at solving the crime. For this purpose, he gives instructions to employees of operational units to carry out the necessary operational investigative measures (ORM), and exercises other powers provided for by the criminal procedure law;
4) allows, in cases provided for by law, access to the scene of incidents of persons who do not officially participate in the inspection (including representatives of the media);
5) bears personal responsibility for the progress and results of the specified investigative action.
Operations officer
:
1) carries out operational search activities aimed at identifying, detecting and detaining persons suspected of committing a crime; verification of seized items according to operational and forensic records; identification of eyewitnesses of the incident, as well as places of storage and sale of stolen goods;
2) informs the operational duty officer of the internal affairs body information about the nature of the crime; signs of the persons who committed it; characteristics of the stolen property, other data;
3) carries out the instructions of the investigator and informs him about the results of his activities.
District Commissioner of Public Security Police:
1) takes measures to protect the scene of the incident, establish and provide the necessary medical (pre-medical) assistance to the victims; identifying possible eyewitnesses of the incident, as well as persons involved in the commission of a crime, in cases of arrival at the scene of the incident earlier than the duty SOG;
2) informs the investigator about the nature of the crime committed and other circumstances;
3) assists employees of the operational unit in the pursuit and detention of persons suspected of committing a crime;
4) carries out the instructions of the investigator to identify and call eyewitnesses, as well as other persons who have information about the crime and the persons who committed it;
5) if it is impossible for the on-duty SOG or employees of criminal police units to arrive at the scene of the incident, conduct an inspection of the scene of the incident, and other actions provided for in clause 1. Part 2 of Art. 157 of the Code of Criminal Procedure of the Russian Federation on establishing and securing traces of a crime and other circumstances.
Employees of forensic units.
During the inspection, employees of these units exercise the procedural powers of a specialist (criminologist), who has special knowledge and is involved in assisting in the detection, securing and seizure of objects and documents in the manner established by Art. 58 Code of Criminal Procedure of the Russian Federation. During the examination, a forensic specialist:
1) assists the investigator in the detection, recording, seizure, packaging, as well as preservation of objects and traces of a crime, selection of comparative and control samples;
2) conducts research of objects and traces at the scene to obtain information about the circumstances of the crime and about the persons involved in its commission;
3) discusses with the investigator the need, feasibility and sequence of using certain technical means based on the characteristics of the scene of the incident;
4) assists in the complete and accurate reflection in the protocol of the inspection of the scene of the incident of information obtained as a result of the use of technical means;
5) takes part in putting forward versions regarding the event and the persons who committed them.
In addition to a forensic specialist, specialists of any other profile may be involved to carry out the examination. The choice of specialist is determined by the nature of the crime, as well as the type of traces and objects found at the scene. During the examination, the specialist:
– draws the investigator’s attention to the circumstances associated with the discovery, securing and seizure of objects and documents;
– gives explanations regarding the actions he performs.
In accordance with Part 3 of Art. 58 of the Code of Criminal Procedure of the Russian Federation, a specialist has the right:
– refuse to participate in the inspection if he does not have the appropriate special knowledge;
– ask questions to the inspection participants with the permission of the investigator;
– get acquainted with the inspection protocol, make statements and comments to be included in the protocol;
– bring complaints about the actions (inaction) and decisions of the investigator that limit his rights.
According to Part 4 of Art. 58 of the Code of Criminal Procedure of the Russian Federation, a specialist does not have the right to evade appearing when called by the investigator for an inspection and to disclose data that became known to him in connection with participation in the inspection, if he was warned in advance in the manner established by Art. 161 Code of Criminal Procedure of the Russian Federation.
In accordance with clause 1, part 2, art. 70 of the Code of Criminal Procedure of the Russian Federation, the previous participation of a specialist in criminal proceedings as an expert is not a basis for his recusal.
Dog inspector
:
1) conducts an initial inspection of the scene of the incident to determine the boundaries of the inspection for the purpose of using a search dog;
2) studies the circumstances and nature of the crime, clarifies the time of its commission, the number and characteristics of suspected persons, the directions of their approach and departure, as well as other circumstances relevant to the search for the latter;
3) coordinates with the investigator proposals for the use of a search dog to search for persons who have committed crimes, weapons, other objects, as well as camouflaged shelters (cache) with the help of carriers of scent traces (objects) discovered during the inspection;
4) takes part in the prosecution and detention of persons suspected of committing a crime;
5) draws up an act on the use of a service-search dog or a report indicating the reasons for its non-use.
Witnesses.
In accordance with the state 60 of the Code of Criminal Procedure of the Russian Federation, these are persons who are not interested in the outcome of the criminal case, attracted by the investigator to certify the fact, content, progress and results of the inspection of the scene of the incident. The following cannot be involved as witnesses:
– persons under eighteen years of age;
– persons who are participants in the criminal process of the criminal case under investigation, in connection with which the inspection is being carried out, their close relatives and relatives;
– employees of the internal affairs bodies of the Russian Federation, the federal security service, federal state security bodies, customs authorities of the Russian Federation, the foreign intelligence service of the Russian Federation, the federal penitentiary service, vested in accordance with Art. 13 of the Federal Law of August 12, 1995 No. 144-FZ “On Operational Investigative Activities” with powers to carry out operational investigative activities and (or) preliminary investigation.
In accordance with Part 3 of Art. 60 of the Code of Criminal Procedure of the Russian Federation, witnesses have the right:
– make statements and comments regarding this investigative action that must be entered into the protocol;
– become familiar with this protocol;
– bring complaints against actions (inaction) and decisions of the investigator that limit their rights.
According to Part 4 of Art. 60 of the Code of Criminal Procedure, witnesses do not have the right to:
– avoid appearing when called by the investigator;
– disclose the data of the preliminary investigation if they were warned about this in advance in the manner prescribed by Art. 161 Code of Criminal Procedure of the Russian Federation.
According to Part 1 of Art. 170 of the Code of Criminal Procedure of the Russian Federation, the inspection is carried out with the participation of at least two witnesses. This requirement allows us to ensure the objectivity of the progress and results of the investigative action. When inspecting a large area of the crime scene, it is permissible to increase the number of witnesses.
The inspection can be carried out with the participation of: the person against whom the crime was committed (victim), eyewitnesses, victim, witness, suspect, accused and their representatives, legal representatives, defense lawyer, representative of the administration of the organization, institution, enterprise.
The person against whom the crime was committed (victim),
may be involved in an inspection of the scene of the incident, carried out during a preliminary inspection, i.e., before a decision is made to initiate a criminal case. His participation allows the investigator:
– clarify the boundaries of the scene of the incident;
– properly organize its inspection;
– quickly and purposefully search for traces of a crime, objects, and also take measures to detain, prosecute or detect the person who committed the crime.
Before the examination begins, it is necessary to obtain an explanation from the victim about what happened in order to compare the information he provided with the actual situation at the scene of the incident.
Eyewitnesses
incidents may be involved in an inspection carried out before the initiation of a criminal case, in order to: determine the boundaries of the territory of this investigative action; obtaining information about the method of committing a crime, the persons who committed it, changes made to the situation when eliminating the consequences of the crime.
The victim, witness, suspect, accused and their representatives can take part in the inspection of the crime scene only if it is carried out after the initiation of a criminal case, i.e. at the stage of preliminary investigation. Involving the specified participants in criminal proceedings in this investigative action is advisable in cases where, in the opinion of the investigator, this may help clarify the circumstances of the incident, find traces and objects of the crime, and other information relevant to the criminal case.
To the victims
is an individual to whom a crime has caused physical, property, or moral harm, as well as a legal entity in the event of damage to its property and business reputation by a crime.
At the end of the examination, the victim has the right to familiarize himself with the protocol of this investigative action carried out with his participation and submit comments on it (clause 10, part 2, article 42 of the Code of Criminal Procedure of the Russian Federation).
Witness
is a person who may know any circumstances relevant to the investigation of a criminal case (Article 56 of the Code of Criminal Procedure of the Russian Federation).
According to Art. 164 of the Code of Criminal Procedure of the Russian Federation, the victim and/or witness are warned about criminal liability provided for in Art. 307 and 308 of the Criminal Code of the Russian Federation for giving knowingly false testimony or refusing to give testimony during an inspection. The victim and witness, participating in the inspection of the scene of the incident, have the right to:
a) refuse to testify against yourself and your close relatives;
b) use the help of a translator for free;
c) file petitions and lodge complaints against the actions (inaction) and decisions of the investigator;
d) get acquainted with the inspection protocol, make comments on its additions and clarifications;
e) apply for the application of security measures provided for in Part 3 of Art. 11 of the Code of Criminal Procedure of the Russian Federation.
The victim and witness have no right:
a) evade appearing when summoned by the investigator. If they fail to appear when called without good reason, they may be subject to arrest (Part 1 of Article 113 of the Code of Criminal Procedure of the Russian Federation);
b) disclose data that became known to them during the inspection, if they were warned about this in advance in the manner prescribed by Art. 161 Code of Criminal Procedure of the Russian Federation. For the disclosure of the specified data, the victim and witness are responsible in accordance with Art. 310 of the Criminal Code of the Russian Federation.
In criminal cases involving crimes the consequence of which was the death of a person, the rights of the victim, provided for in Art. 42 of the Code of Criminal Procedure of the Russian Federation, pass to one of his close relatives, the circle of whom is defined in paragraph 4 of Art. 5 of the Code of Criminal Procedure of the Russian Federation (spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren). If a legal entity is recognized as a victim, its rights are exercised by a representative (Part 9 of Article 42 of the Code of Criminal Procedure of the Russian Federation).
These persons, using the rights granted to them by Art. 42 of the Code of Criminal Procedure of the Russian Federation, has the right, during the inspection of the scene of the incident, to present evidence, make petitions, etc., and also to have a representative whose participation does not deprive them of the above rights.
Suspect
(Article 46 of the Code of Criminal Procedure of the Russian Federation) – person:
against whom a criminal case has been initiated on the grounds and in the manner established by Ch. 20 Code of Criminal Procedure of the Russian Federation;
which was detained in accordance with Articles 91 and 92 of the Code of Criminal Procedure of the Russian Federation;
to whom a preventive measure has been applied before charges are brought in accordance with Art. 100 Code of Criminal Procedure of the Russian Federation;
which is notified of suspicion of committing a crime in the manner established by Art. 2231 Code of Criminal Procedure of the Russian Federation.
Accused
(Article 47 of the Code of Criminal Procedure of the Russian Federation) - a person in relation to whom:
during the preliminary investigation, a decision was made to charge him as an accused;
During the investigation, an indictment was drawn up, which, subject to the procedure established by law, along with the materials of the criminal case, is sent to the prosecutor.
The suspect (clause 8, 9, part 4, article 46 of the Code of Criminal Procedure of the Russian Federation) and the accused (clause 10, part 4, article 47 of the Code of Criminal Procedure of the Russian Federation) have the right to participate, with the permission of the investigator, in investigative actions carried out at his request or at the request of his defense attorney or a legal representative, get acquainted with the protocols of these actions and submit comments on them.
In addition, these inspection participants have the right to:
a) refuse to testify against yourself and your close relatives;
b) use the assistance of a defense lawyer;
c) give evidence and explain themselves during the examination in their native language or a language they speak, using the assistance of an interpreter free of charge;
d) file petitions and challenges;
e) file complaints against the actions (inaction) and decisions of the investigator (inquiry officer);
f) defend himself by other means and methods not prohibited by the criminal procedure law.
Legal Representatives and Agents
(Articles 45, 48, 426 of the Code of Criminal Procedure of the Russian Federation).
Legal representatives in accordance with paragraph 12 of Art. 5 of the Code of Criminal Procedure of the Russian Federation are parents, adoptive parents, guardians or trustees of a minor suspect, accused or victim, representatives of institutions or organizations in whose care the minor suspect, accused or victim is, guardianship and trusteeship authorities.
Representatives of the victim, civil plaintiff and private prosecutor can be lawyers, and representatives of the civil plaintiff, who is a legal entity, can also be other persons authorized in accordance with the Civil Code of the Russian Federation to represent his interests.
Participation in the inspection of legal representatives and representatives does not serve as a basis for limiting any rights of the persons they represent. In order for a person to participate in the inspection as a legal representative or representative, it is necessary to have a resolution from the investigator recognizing him as such, as well as the presence of the person represented by him in the inspection.
Legal representatives and representatives have the same procedural rights as the persons they represent.
Defender
(Article 49 of the Code of Criminal Procedure of the Russian Federation) - a person who, in accordance with the procedure established by law, protects the rights and interests of suspects and accused and provides them with legal assistance. A lawyer is allowed as a defense attorney upon presentation of a lawyer's certificate and a warrant. The investigator must make sure that there are no circumstances precluding the participation of the defense attorney in the preliminary investigation (Article 72 of the Code of Criminal Procedure of the Russian Federation).
In accordance with Art. 53 and part 5 of Art. 164 of the Code of Criminal Procedure of the Russian Federation, a defense lawyer can participate in the inspection after the initiation of a criminal case. In this case, the defender has the right:
- give your client brief consultations in the presence of the investigator, ask questions to the inspection participants with the permission of the investigator, make written comments regarding the correctness and completeness of the entries in the protocol. The investigator may reject the defense lawyer's questions, but is obliged to enter them into the protocol;
– submit petitions and challenges during the inspection;
– bring complaints about the actions (inaction) and decisions of the investigator;
– get acquainted with the inspection protocol, as well as its annexes.
The defense lawyer does not have the right to disclose the data of the preliminary investigation that became known to him in connection with the implementation of the defense if he was warned about this in advance in the manner prescribed by Art. 161 Code of Criminal Procedure of the Russian Federation. For disclosure of preliminary investigation data, he may be subject to criminal liability under Art. 310 of the Criminal Code of the Russian Federation.
Expert
(Article 57 of the Code of Criminal Procedure of the Russian Federation) - a person with special knowledge and appointed in the manner prescribed by law to conduct a forensic examination and give an opinion.
The participation of an expert in the examination can only take place after the initiation of a criminal case. With the permission of the investigator, the expert has the right to ask questions related to the subject of the forensic examination.
In accordance with Part 4 of Art. 57 of the Code of Criminal Procedure of the Russian Federation, an expert has no right:
– without the knowledge of the investigator, negotiate with the participants of the inspection on issues related to the conduct of the forensic examination;
– independently collect materials for expert research during the inspection;
- disclose data from the preliminary investigation that became known to him in connection with his participation in a criminal case as an expert, if he was warned about this in advance in the manner prescribed by Art. 161 Code of Criminal Procedure of the Russian Federation.
Translator
(Article 59 of the Code of Criminal Procedure of the Russian Federation) - a person who is fluent in a language, knowledge of which is necessary for translation, and who is involved in cases established by law to participate in criminal proceedings.
The need for an interpreter to participate in the inspection arises when a witness, victim, suspect, or accused does not speak or does not speak sufficiently the language in which the criminal case is being conducted, or sign language interpretation is required.
Involving a translator to participate in the inspection is possible if there is information that documents or objects that require immediate translation may be discovered during the inspection.
After the initiation of a criminal case on the appointment of a person as an interpreter, the investigator makes a decision, ascertains his competence and the absence of personal, direct or indirect interest in the outcome of the criminal case. In the presence of circumstances provided for in Art. 61 of the Code of Criminal Procedure of the Russian Federation, a challenge to the translator can be declared by the parties, and if the translator is found to be incompetent, also by a witness, expert or specialist (Part 2 of Article 69 of the Code of Criminal Procedure of the Russian Federation).
Before the examination begins, the investigator explains to the translator his rights and obligations (Part 2 of Article 169 of the Code of Criminal Procedure of the Russian Federation). In accordance with Part 3 of Art. 59 of the Code of Criminal Procedure of the Russian Federation, the translator has the right:
– ask questions to the inspection participants in order to clarify the translation;
– get acquainted with the inspection protocol and make comments regarding the correctness of the translation record, which must be included in the protocol;
– bring complaints about the actions (inaction) and decisions of the investigator that limit his rights.
In accordance with Part 4 of Art. 59 of the Code of Criminal Procedure, a translator has no right:
– avoid appearing when called by the investigator;
– knowingly carry out incorrect translation;
- to disclose the data of the preliminary investigation that became known to him in connection with his participation in criminal proceedings as a translator, if he was warned about this in advance in the manner prescribed by Art. 161 Code of Criminal Procedure of the Russian Federation.
For deliberately incorrect translation and disclosure of preliminary investigation data, the translator is liable in accordance with Art. 307 and 310 of the Criminal Code of the Russian Federation.
When inspecting a crime scene with the participation of an interpreter, it is strongly recommended to use video or audio recording so that later during the preliminary investigation or in court the completeness and correctness of its translation can be verified.
Administration representative
the organization in the premises or territory of which the inspection is being carried out is invited to participate in this investigative action. If it is impossible to ensure his participation, an entry about this is made in the protocol (Part 6 of Article 177 of the Code of Criminal Procedure of the Russian Federation).
§ 2. Preparation for inspection after receiving a report of a crime
The quality and effectiveness of the crime scene inspection is determined by:
– timely and complete implementation of organizational and preparatory measures to ensure optimal conditions for the inspection;
– execution of the instructions of the criminal procedure law addressed to the investigator and recommendations developed in criminology regarding the procedure for carrying out this investigative action;
– accurate performance of duties by participants in the inspection of the scene of the incident and coordination of their actions;
– compliance with the requirements of the Code of Criminal Procedure of the Russian Federation for the procedure for drawing up a protocol for examining the scene of an incident.
When going on duty, the investigator is obliged to make sure that the procedural documents and forms necessary for working at the scene of the incident are complete.
The investigator, having received a report of a crime, before arriving at the place of inspection
:
1) finds out from the police department on duty where, who and when discovered the incident, which of the employees of the internal affairs bodies or officials is currently at the scene of the incident;
2) instructs employees of the internal affairs body located in the area where the scene of the incident is located to invite witnesses and, if possible, identify eyewitnesses (witnesses) of the crime, organize their presence at the scene of the incident before their arrival, or establish their identity using documents and provide him with this information. In accordance with Part 1 of Art. 177 of the Code of Criminal Procedure of the Russian Federation, the inspection is carried out with the participation of witnesses. Exceptions are cases when the inspection is carried out in hard-to-reach areas, in the absence of adequate means of communication; the conduct of an investigative action is associated with a danger to the life and health of people, which is reflected in the inspection report (Part 3 of Article 170 of the Code of Criminal Procedure of the Russian Federation);
3) coordinates with a forensic specialist (employee of the ECP of the Department of Internal Affairs) the completeness of the unified suitcase (presence of photographic equipment, search devices, etc.).
To participate in the inspection of the scene of the incident, along with employees of the internal affairs bodies included in the investigative and operational group, the district commissioner[4], a dog handler with a dog to work with scent marks and other persons are involved, taking into account the type of crime committed and the objects being inspected. So, according to Part 6 of Art. 177 of the Code of Criminal Procedure of the Russian Federation, when inspecting the premises of an organization, the participation of its representative is mandatory.
In accordance with Part 1 of Art. 168 of the Code of Criminal Procedure of the Russian Federation, the investigator has the right to invite another specialist (an explosives specialist, a specialist in the field of forensic medicine, etc.) to participate in the inspection in addition to a forensic specialist to assist in the detection, securing and seizure of objects and documents. The investigator verifies his identity and competence (Article 168 of the Code of Criminal Procedure of the Russian Federation), as well as the absence of grounds for his challenge (Article 61 of the Code of Criminal Procedure of the Russian Federation). If circumstances are established that exclude participation in criminal proceedings, the specialist is obliged to withdraw from participation in criminal proceedings (Part 1 of Article 62 of the Code of Criminal Procedure of the Russian Federation). The investigator explains to him the rights and responsibilities provided for in Art. 58 Code of Criminal Procedure of the Russian Federation. For the disclosure of preliminary investigation data, the specialist is responsible in accordance with Art. 310 of the Criminal Code of the Russian Federation.
When preparing to inspect the scene of an incident, the investigator must take into account some psychological features. The investigator, having received information about the crime event (nature, degree of public danger), forms internal guidelines for the implementation of certain actions:
– comprehensively and fully study the objects found at the scene of the incident, separately and in conjunction with the surrounding environment, to create a general idea of the crime event and the person who committed it;
– identify and study every sign of a trace, not limited to the minimum number;
– examine objects (traces), the situation as a whole, taking into account previously obtained information, at different moments of the inspection under changing observation conditions;
– take short breaks (3-5 minutes after every 40 minutes of inspection) in order to analyze the information received and prepare for the next actions;
– critically evaluate the observed signs of traces (objects) that may be a consequence of the staging of a crime, verifying the conclusions formed with further observation;
– formulate the results of observation and record them in the inspection report in the prescribed form (adhere to a common terminology, do not clutter up the use of colloquial expressions and words, etc.), which will allow them to be accurately understood and preserved;
– involve a specialist psychologist in observation and discussion of the information obtained during the examination.
Preparing for an on-scene inspection
The scene of the incident is considered to be a section of the area, a dwelling or other premises within which traces and objects were found that indicate a crime has been committed. In addition, the scene of the incident may be a train carriage, a regular bus or on board a sea (river, aircraft) vessel, as well as other places that do not have the characteristics of a terrain area or premises. Thus, the scene of the incident should be considered any localized area of space where traces, objects and other objects were found, regarding which there was a reasonable assumption that they were the result of a crime committed.
Arriving at the scene, the investigator
:
1) indicates in the inspection report the place and date of the investigative action, the time of its beginning, accurate to the minute (clause 1, part 3, article 166 of the Code of Criminal Procedure of the Russian Federation);
2) takes measures to provide assistance to the victim (victim);
3) checks the presence of security at the scene of the incident, as well as measures taken to preserve traces of the crime;
4) ensures the removal of strangers from the scene of the incident and invites witnesses to certify the fact of the inspection, as well as its content, progress and results, warns about the inadmissibility of disclosing without permission the data that became known to them during the inspection, about which they are given a signature with a warning about liability in accordance with Art. 310 of the Criminal Code of the Russian Federation (Part 2 of Article 161 of the Criminal Procedure Code of the Russian Federation);
5) receives information about the crime event, traces found and objects of evidentiary value, changes made to the situation at the scene of the incident to establish the starting point of the inspection;
6) clarifies the circle of participants in the inspection, explains their rights and obligations;
7) receives information from eyewitnesses (witnesses) of the crime related to the event under investigation, full personal data, home address of these persons for subsequent calling to obtain testimony. To ensure the safety of the information received, the efficiency of its use, and save time for the investigator when interviewing people at the scene of the incident, it is recommended to use a voice recorder. In accordance with Part 2 of Art. 166 of the Code of Criminal Procedure of the Russian Federation, shorthand recording, photography, filming, audio and video recording can also be used, which will allow later analysis of the information received;
instructs the body of inquiry to carry out operational investigative measures to identify eyewitnesses of the incident, a person suspected of committing a crime, as well as to carry out certain investigative actions (Part 4 of Article 38 of the Code of Criminal Procedure of the Russian Federation) to clarify issues that arise during the inspection [5];
9) takes measures aimed at improving inspection conditions (for example, artificial lighting, equipment for the workplace for drawing up a protocol, etc.);
10) determines the range and sequence of actions that make up the inspection process. The order of actions to be performed and the scope of issues to be clarified depend on the investigative situation developing at the time of inspection.
Managers and officials, responsible duty officers of internal affairs bodies, prosecutors who arrived at the place of inspection do not have the right to interfere with the activities of the investigator conducting the inspection. Their task is to provide the necessary assistance in organizing the work of the investigative and operational group.
Chapter 3. Sequence of actions of the investigator when examining the scene of the incident
Inspection of the crime scene is, as a rule, an urgent investigative action aimed at establishing, researching and recording the situation of the crime scene, traces of the crime, the criminal and other factual data that, together with other evidence, make it possible to draw a conclusion about the mechanism of the crime, i.e. the content of criminal activity, and other circumstances of the event under investigation[1].
Types and procedural order of inspection. The law (Article 176 of the Code of Criminal Procedure of the Russian Federation) determines the list of objects of inspection, highlighting its main types:[2]
1. Inspection of the scene of the incident. The scene of an incident is a section of terrain, a technical structure or premises (residential and non-residential) where objects and traces were found (a corpse, signs of struggle and self-defense, storage break-ins, vehicles, weapons, etc.) indicating the possible commission of a crime . The scene of the incident cannot be identified with the place where the crime was committed, since traces of the crime can be removed by the criminal from the latter and moved to another place. An inspection of the scene of an incident, being an urgent investigative action, in urgent cases, is carried out before the initiation of a criminal case (Part 2 of Article 176 of the Code of Criminal Procedure of the Russian Federation). In this case, the results of the inspection may become grounds for initiating a criminal case.
2. Inspection of the area that is not the scene of the incident. In some cases, an area that is indirectly related to the event is inspected (for example, an inspection of the cache where the alleged criminal was hiding, a survey of the territory to identify routes of approach and escape to the crime scene, etc.).
3. Inspection of the home. When carrying it out, one should proceed from the constitutional provision on the inviolability of the home, according to which no one has the right to enter the home against the will of the persons living in it, this provision is also indicated in (clause 1 of article 12 of the Code of Criminal Procedure of the Russian Federation). Often these persons, being victims, do not object to the inspection of the residential premises that are the scene of the incident, since the crime encroached on their legally protected interests (thefts, robberies, assaults on the person, etc.). In cases of objections to the inspection (they are usually stated by suspects who do not want the inspection to reveal traces incriminating them in a crime), it can only be carried out on the basis of a court decision (clause 4, part 2, article 29 of the Code of Criminal Procedure of the Russian Federation).
It should be noted, however, that in this case the investigator’s appeal to persons living in the residential premises and who do not want an inspection there reveals the investigator’s intentions. When an investigator applies to the court for permission to conduct an inspection, a time interval is created between the announcement of the inspection and its actual conduct, which is quite sufficient for those objecting to the inspection to be able to destroy the evidence. In fact, a situation arises when the inspection turns out to be an investigative action that cannot be delayed, i.e. when it can be carried out without court permission. In practice, this is how the conflict between the normative prescription and reality is resolved.[3]
4. Inspection of another premises. This may be a non-residential premises that turned out to be the scene of the incident, but also a premises that is neither a home nor the scene of the incident, but is otherwise connected with circumstances subject to proof (for example, a garage, an outbuilding that is not suitable for housing, but was a place where the criminal was guarding his victim, a granary, a warehouse, inspected to determine the conditions for storing valuables). The object of inspection may also be the service premises (office) of a particular organization (for example, to study traces of criminal intrusion, and then this is the scene of the incident, as well as means of communication, locations of individual employees, accessibility of visitors, etc.). A trading module or tent that belongs not to an organization, but to a private individual, can also be inspected[4].
5. Inspection of objects and documents. The object of inspection may be the instruments of crime and the material traces they leave, found at the scene of the incident; personal (dropped by the criminal) and other documents that, due to the place of their discovery, can be recognized as material evidence, vehicles (vehicles, rolling stock, river and sea vessels, aircraft) at the scene of accidents. Animals or their corpses are a kind of subject to be examined (when it is necessary to identify their owner by brand, special signs). Inspection of these objects is carried out during the “main” inspection. But if this turns out to be difficult due to a large amount of seized items, the inspection of which will require a long time, or the lack of appropriate conditions for on-site inspection (the need to attract a specialist, a suspect, to use technical means, etc.) - the inspection of objects and documents can become an independent type of inspection [5].
The same situation arises in cases where objects and documents were seized during other investigative actions: during a search, seizure, but were not examined, or when they, in order to exercise their rights, were presented to the victim, suspect, accused, their defense attorneys and other participants for inclusion in the criminal case (parts 2 and 3 of Article 86 of the Code of Criminal Procedure of the Russian Federation). Inspection of documents, as a type of inspection, is actually one of the elements of a complex set of procedural actions called “Seizure of postal and telegraph items, their inspection and seizure” (Article 185 of the Code of Criminal Procedure of the Russian Federation).
6. Examination of the corpse. This type of inspection is regulated in the Code of Criminal Procedure separately from others, due to the need to comply with a number of specific rules during inspection (Article 178 of the Code of Criminal Procedure of the Russian Federation). The main one is the mandatory participation in the examination of a specialist - a forensic physician or another doctor. These persons do not act as experts (even if they are called such according to their position), but as specialists (Article 168 of the Code of Criminal Procedure of the Russian Federation). Inspection of the corpse may be an element of inspection of the scene of the incident, but if the corpse is removed from it for one reason or another (the wounded person was taken to a medical institution and died there, an urgent autopsy of the corpse was required in the morgue to determine the causes of death, etc.) inspection of the corpse becomes an independent type of this investigative action carried out where he is moved[6].
The same is true for examining an exhumed corpse. Exhumation (removal of a corpse from a burial place) has a number of signs of an investigative action (for example, excavation): a decision is made about its production, and an exhumation protocol is drawn up. In this case, there are witnesses, a forensic expert, and if his participation is impossible, a doctor; if necessary, other specialists can be involved in examining the corpse (Part 1 of Article 178 of the Code of Criminal Procedure of the Russian Federation). But, as already noted, exhumation cannot be considered an investigative action, since it does not have its main feature - obtaining evidentiary information, since the results of exhumation in themselves do not have evidentiary value. Such information can be revealed during examination of the exhumed corpse (or during its identification, expert examination, or obtaining samples). For this reason, exhumation should be considered as a necessary prerequisite for an inspection or other investigative action. For moral reasons, special requirements must be observed during exhumation: notifying relatives, obtaining their consent to exhumation, and if they disagree, obtaining court permission. According to (Article 178 of the Code of Criminal Procedure of the Russian Federation), the costs of exhumation are reimbursed to the relatives of the deceased.
7. Inspection. An examination (examination of living people) is an examination of the body of a suspect, accused, victim, witness carried out by an investigator in accordance with the procedure established by law in order to discover information (information) relevant to the case. In essence, an examination is a type of inspection, because, as with an inspection, the discovery of evidentiary information occurs here on the basis of ordinary observation. But, given the specificity of the object of examination, which is the human body, observation here also takes specific forms. Therefore, it is customary to consider examination as an independent investigative action[7]. Article 179 of the Code of Criminal Procedure of the Russian Federation emphasizes that an examination is carried out if a forensic medical examination is not required. This means that only signs visible to the naked eye are available for inspection. If we are talking about “hidden information”, i.e. inaccessible to external observation, or visible, but requiring interpretation on the basis of special knowledge, a forensic medical examination is necessary.
(Article 179 of the Code of Criminal Procedure of the Russian Federation) defines the purpose of the examination as the detection on the human body of traces of a crime, bodily injuries and special signs. The first include wounds, bruises, blood smears, scars, bruises, traces of the action of crime weapons, protective equipment (chemical traps), etc. Special signs are birthmarks, tattoos, postoperative scars, signs of professional activity, etc. The bodily injuries mentioned (Article 179 of the Code of Criminal Procedure of the Russian Federation) are only stated during the examination (fact of presence, appearance, location), but their severity is not determined, because this is the authority of the expert[8].
In addition to these goals, (Article 179 of the Code of Criminal Procedure of the Russian Federation) indicates the identification during examination of a state of intoxication or other properties and signs that are important for a criminal case. It should be recognized that this goal practically goes beyond the scope of the survey, i.e. observations of the human body. An investigator, of course, can, by simple observation, detect signs that usually indicate a person is intoxicated: the smell of alcohol, unsteady posture, speech impairment, trembling of fingers, redness of the face, etc. However, these signs are ambiguous, they are also inherent in other human conditions: illness accompanied by taking medications, overwork, fear, etc., as a result of which they require interpretation by medical specialists[9].
The inspection procedure is thoroughly regulated by law and ensures the admissibility of evidence obtained during the inspection. Common to all types of inspection is the requirement for the mandatory participation of witnesses, who are called to certify the fact of the investigative action, its progress and results (Part 1 of Article 170 of the Code of Criminal Procedure of the Russian Federation). In exceptional cases, the Code of Criminal Procedure of the Russian Federation (unlike the Code of Criminal Procedure of the RSFSR) allows for the possibility of inspection without witnesses (Part 3 of Article 170 of the Code of Criminal Procedure of the Russian Federation). These include inspections in hard-to-reach areas in the absence of proper means of communication, when there is a danger to the life and health of people. A similar situation may arise when an inspection of the scene of an incident is carried out in a high mountain area, which can only be climbed using mountaineering techniques, or in off-road conditions (spring thaw, river floods, snow drifts), to overcome which you need appropriate equipment, but there is none, in difficult meteorological conditions (blizzard). The investigator, who must arrive at the scene of the incident, is forced to use such available means (on horseback, on skis, etc.), which he has no right to demand the use of to deliver witnesses. It may turn out that in the deserted area where the crime was committed, there are no people living at all who could be invited as witnesses. A danger to the life and health of witnesses can arise both in the cases listed above, and as a result of conducting an inspection in conditions of an armed conflict, or possible armed resistance of criminal elements located in the inspected premises[10]. However, after eliminating the danger, witnesses must be allowed to conduct the inspection. The reasons for the inspection without witnesses are noted in the protocol, and the progress of the inspection is recorded using video recording; if its use is impossible, this circumstance is also recorded in the protocol.
In addition to attesting witnesses, a number of other persons may also participate in the inspection. These are:
1. Specialist. According to (part 1 of Article 58 of the Code of Criminal Procedure of the Russian Federation): “Specialist is a person with special knowledge, involved in participation in procedural actions in the manner established by this Code of Criminal Procedure of the Russian Federation, to assist in the detection, securing and seizure of objects and documents, the use of technical means in studying the materials of a criminal case, for asking questions to an expert, as well as for explaining to the parties and the court issues within his professional competence”[11].
While participating in the inspection, he performs the function of a scientific and technical assistant to the investigator, assisting him in the discovery, securing and seizure of evidence. A forensic medical expert participates in the examination of the corpse, and if this is not possible, a doctor. Other specialists who can assist the investigator in obtaining evidence may also be involved in the examination: criminologists, automotive technicians, commodity experts, specialists in explosives, aviation accidents, etc. Only when examining a corpse is the participation of a medical specialist mandatory. In other cases, the decision to call a specialist depends on the investigator’s level of proficiency in the appropriate techniques for detecting and securing evidence.
2. Expert. According to (part 1 of Article 57 of the Code of Criminal Procedure of the Russian Federation): “An expert is a person with special knowledge and appointed in the manner established by the Code of Criminal Procedure to carry out a forensic examination and give an opinion.” His participation in the inspection is possible at his request (clause 2, part 3, article 57 of the Code of Criminal Procedure of the Russian Federation). The role of an expert does not coincide with the role of a specialist and is not to assist the investigator in obtaining evidence, but to identify (with subsequent reflection in the inspection report) circumstances that are significant for their subsequent conclusion [12].
3. Accused, suspect, victim, witness. These participants are involved in the examination either at their request or at the discretion of the investigator, but with their consent. During the investigative action, they either contribute with their explanations to clarify the boundaries of the object being inspected (scene of the incident), or point to the key points of the event, which facilitates the search for traces, or to changes that have occurred in the situation, which is important to ensure the objectivity of the inspection.
In addition, the involvement of these persons is advisable in order to convince them of the objectivity of the inspection and recording of its results. It should be borne in mind that the law does not oblige them to participate in the inspection and give any explanations. Therefore, their involvement in the examination is advisable if there is a clearly expressed desire to cooperate with the investigator.
If a suspect or accused is involved in the inspection, and also if the inspection was carried out at their request or at the request of a defense attorney, their defense attorney can also participate in the inspection (Clause 5, Part 1, Article 53 of the Code of Criminal Procedure of the Russian Federation).
4. At the request of the victim, civil plaintiff, or their representatives, both themselves and their representatives - lawyers and other persons, as well as legal representatives can participate in the inspection (Articles 42, 44, 45 of the Code of Criminal Procedure of the Russian Federation). All these persons, participating in the inspection, perform functions arising from their legal status.
5. Representative of the administration of the organization in which the inspection is being carried out. According to the meaning (Part 6 of Article 177 of the Code of Criminal Procedure of the Russian Federation), this person is obliged to participate in the inspection. But if it is impossible to ensure his participation, this is recorded in the protocol[13].
6. When inspecting a home, the person living in the home or adult members of his family must be present, and if this is not possible (for example, the only resident is in custody), representatives of housing institutions or local administration.
7. The inspection may also include the prosecutor, the head of the investigative body, who is authorized in accordance with (Article 39 of the Code of Criminal Procedure of the Russian Federation) to exercise control over the conduct of the preliminary investigation from the moment the criminal case is initiated until a legal decision is made on it, as well as an employee of the inquiry body to assist the investigator (in protecting the scene of the incident, suppressing opposition to the inspection, as well as for promptly accompanying the inspection).
Before the inspection begins, the witnesses and all other persons involved in the inspection are explained their rights and obligations, as well as the procedure for conducting the inspection (Part 5 of Article 164 of the Code of Criminal Procedure of the Russian Federation).
From the above it is clear that all participants in the inspection can be divided into obligatory (investigator, witnesses, doctor (when examining a corpse), representative of the administration, owner of the residential premises) and optional (all others), who are involved in the inspection at their request or at the discretion of the investigator.
Like other investigative actions, the inspection of the crime scene is carried out during the daytime. However, given its urgent nature, in urgent cases, the inspection can be carried out at night (Part 3 of Article 164 of the Code of Criminal Procedure of the Russian Federation). In these cases, an inspection of the home can be carried out without the permission of the court, but with subsequent notification of the inspection. (Part 3 of Article 165 of the Code of Criminal Procedure of the Russian Federation).
Urgent circumstances include circumstances that require an immediate inspection of a home or other premises. These are the cases when delay in inspection:
1. threatens the possibility of the suspected person destroying traces of the crime;
2. is fraught with the continuation of criminal activities (for example, the production of counterfeit money);
3. prevents the arrest of a suspect who has disappeared into the premises.[14]
The direct content of the inspection of the scene of the incident is the examination of the objects of inspection carried out by the investigative body on the basis of observation. In addition to observation, the cognitive activity of the investigator during inspection includes other techniques for identifying traces, such as measurement, comparison, and experiment. The investigator’s task is to thoroughly study the scene of the incident and other objects to be inspected. He must be extremely careful and not miss details that may be relevant to the event. At the same time, it is necessary to remember that details that at first glance are secondary and not related to the event may turn out to be significant for the case. The selection criterion for such parts, i.e. the basis for judging their relevance is a version of the essence of the event, which quite broadly covers all possible explanations.
Forensic science has developed various examination methods (concentric, eccentric, etc.) that ensure comprehensiveness and thoroughness of the examination, i.e. its completeness. Various forensic techniques are also used: searching for barely visible traces through pollination, examination in oblique light, using search technical means, etc.[15]
[1] Burkhard V. Forensic dictionary. - M.: Legal literature, 2005. - P.66.
[2] Criminal Procedure Code of the Russian Federation of December 18, 2001. No. 174-FZ //Collection of legislation of the Russian Federation. 2001. - No. 52 (part 1). — St. 4921.
[3] Criminal procedure: Textbook for universities / Ed. IN AND. Radchenko. – M.: Justitsinform, 2006. – P.375.
[4] Criminal procedure: Textbook / Ed. V.P. Bozhyova. - M.: Higher Education, 2006. - P.234.
[5] Shafer S.A Investigative actions. Grounds, procedural order and evidentiary value. – M.: Yurlitinform, 2004. – P.53.
[6] Shafer S.A Investigative actions. Grounds, procedural order and evidentiary value. – M.: Yurlitinform, 2004. – P.54.
[7] Gafizov M.Kh., Omanov Sh.S. Investigative actions: concept, signs and conditions of production // Crime and society: Collection of scientific works. - M.: All-Russian Research Institute of the Ministry of Internal Affairs of Russia, 2004. - P. 194.
[8] Shafer S.A. Decree. op. — P.62.
[9] Commentary on the Criminal Procedure Code of the Russian Federation / Ed. L.Ya. Sukhareva. - M.: Norma, 2004. - P.314.
[10] Bykov V.M. Factual grounds for conducting investigative actions // Journal of Russian Law. - 2005. - No. 6.- P.59.
[11] Koldin V.Ya. Forensics: Textbook. - M.: MSU, 1990. - P.224.
[12] Bykov V.M. Decree. op. - P.60.
[13] Gafizov M.Kh., Omanov Sh.S. Decree. op. — P.194.
[14] Shafer S.A. Decree. op. — P.57.
[15] Forensics: Textbook / Ed. V.A. Obraztsova. - M.: Yurist, 2005. - P.365.
“On horseback”: how the work of the investigative and operational group works
Photo: m24.ru/Alexander Avilov
Somewhere in Moscow a crime was committed. The victim goes to the police department and writes a statement (or calls “102”), a police squad arrives, they carry out some actions, and now the case is already on the investigator’s desk, and the suspect is in a pre-trial detention center.
Yakov Egorov, senior police lieutenant of the Department of Internal Affairs for the Tverskoy district, told the m24.ru observer about what exactly the police do at the crime scene, namely, about the work of the investigative and operational group (IOG), which is the first to arrive at the scene of an emergency.
Architecture and structure of the police investigative team
The SOG includes an investigator, an investigator, an expert, a dog handler, and a person responsible from the management also travels. The composition changes every day, that is, there is a new person in charge, a new investigator, a new detective, a new dog handler and a new expert.
The positions are the same, but the faces are always different. That is, today I am on duty, tomorrow another. The composition of the group itself changes depending on staff turnover. As a rule, there is only one team, but someone comes, someone leaves. Everyone - both the detectives and the experts - are acquaintances, if they are not new people.
The number of duties, if we talk about investigators, depends on the number of these same investigators in the state. Now we work at SOG four to five times a month, that is, on average, once a week. Previously, there were periods when even three days a month was considered a lot. Well, besides this, there are, of course, current affairs.
They are on duty regardless of their length of service - there is no time to adapt, there is no build-up. This is said to all newcomers, because the work is very responsible, very serious, and those who want to rock themselves have probably chosen the wrong path.
I went to SOG four weeks after starting work. This was really scary. I studied this for five years, but still, when I had to leave, it was hard. Now there is no anxiety: you arrive at the place, all the actions have been worked out, you know what to do.
Sometimes the investigator is not alone on duty, sometimes there is a reinforcement - for example, on holidays, but this is an order, as a rule, from the Main Directorate of the Ministry of Internal Affairs for Moscow or the district to introduce a second number. He can be on duty from 9 am to 11 pm, or he can be on duty all day long. When reinforcement is needed, we know and, as a rule, draw up a duty schedule in advance.
Photo: m24.ru/Alexander Avilov
In such a situation - if there is a second number - the first one handles all crimes, and if the first one is not at the police department and something happens, the second number goes out.
Strengthening is possible without a second number: let’s say I’m on duty today. I have a suspect detained and I start working. At the same moment they report a burglary. In this case, the management of the investigative department allocates the most unloaded employee, and he goes to inspect the crime scene.
Investigator's Day
We arrive at the police department at 7 o’clock in the morning and take a test on the computer: you enter the name of the inspector, your full name and select a section, mine is the investigation. The test takes place in a question-answer format, there are topics from current orders, from the Criminal Procedure Code, the Criminal Code, that is, our daily activities.
It is acceptable not to answer two questions, there is a five-point system. If you didn’t answer two questions – 3, didn’t answer one question – 4, answered all – 5.
If I don’t pass the test, then I report this to the manager, and he can take me off duty or look at what questions I didn’t answer and send me to study the question, and after half an hour I need to report to him.
If the outcome is positive, the question of removal from duty is removed, and if you do not report to your boss or show that you do not know the question, then you are removed. This is a headache, first of all, for yourself, because you are setting up your colleagues, that is, another investigator must take over in my place, someone is called, he comes and is on duty in my place.
Photo: m24.ru/Alexander Avilov
After the test we go up to the assembly hall. A briefing is held there, where they provide an operational summary in the city, the number of crimes committed in the area, so that the investigative and operational group is aware of the situation. A test is also carried out for knowledge of orders, knowledge of criminal procedure legislation; then we receive weapons and begin duty, the old shift is released.
We joined the service and are waiting for a call or someone will come and write a statement about the crime. Then, over the loudspeaker, they announce “Duty investigative and operational group, on the move!” Our car is standing at the entrance, there is already a driver there - he is sitting waiting to leave. This is done in order not to remove any of the employees and not distract them from their activities. According to the order, we have seven minutes to get ready and here we are at the duty station, from there to the car and forward to the place.
Crime scene
The investigator inspects the scene of the incident, draws up a corresponding report and organizes all the work. The inspection is the most important thing, then it will be impossible to redo the act, and therefore I think about every letter I write, and every word, so that the text is concise, but as accessible and understandable as possible, so that it reflects all the circumstances of what is happening in the apartment. It is necessary to describe this room in such a way that another person, reading the text, understands where this particular table stood, where the chairs stood, and any mistake could lead to the fact that the criminal will not be punished.
For example, a room is inspected - an apartment on the first floor, and the investigator writes: “a trace of a hand was taken from the window,” without recording whether it was on the outside or the inside of the window. The person is identified, the case is sent to the court, his fingerprint, and he says: “Yes, I passed, but I walked along the street and leaned on the window, and then moved on.” This mistake is fatal, because it is no longer possible to establish whether it was from the outside or the inside. So this is the fundamental point where the trace came from.
Photo: m24.ru/Alexander Avilov
And then, the more information is reflected in the protocol, the better, because the investigator will never return to this apartment, to this environment, to these circumstances. Therefore, what you wrote today is what you will rely on tomorrow, and after some time the court will rely on it when passing a sentence.
Example of an inspection report
There is a glass by the door; when using fingerprint powder, handprints were found on it, copied into four sections with light fingerprint film, packed in a white paper envelope, equipped with an explanatory inscription and the signature of the participants.
It happens that you walk into an apartment, the closet is open, everything is scattered. Accordingly, everything that was scattered was touched. All this needs to be processed with fingerprint powder in search of traces. It’s a lot of work, but we have to do it in such a way that the mosquito doesn’t erode our nose. This is the most correct attitude towards your work - to do the work in such a way that you are proud of yourself.
But before going to the apartment, I begin an inspection: I record the entrance, the house, the number of floors, which road the path from the entrance leads to, waste routes, whether there are video cameras or not.
We go into the entrance, check whether the front door was open or closed, whether it is equipped with an intercom lock, and whether there is a concierge. We go into the entrance, go up to the floor, and if it is higher than the first, then we go up by elevator or flight of stairs, fix everything, inspect the doors: is there any damage, how many locks are installed, what damage is there visually. I'm not an expert, so I'm just looking to see if there are any external signs that the door or door frame has been pressed.
We go into the apartment, having first obtained from the owner of the apartment in which the crime was committed a statement that he does not object to the inspection because it is private property.
Also in this statement, he indicates whether he does not object to the use of a special fingerprint powder, because after this he will have to clean the apartment. But as a rule, the majority does not mind, because the goal is to find criminals, and not to dirty the house.
Photo: m24.ru/Alexander Avilov
We examine the scene of the incident, record traces, seize everything important: fingerprints, footprints, cigarette butts, everything that may be of interest to the investigation. And while the expert is packing this, we find witnesses who will definitely take part: after all, this is additional evidence that this cigarette butt was seized, everyone saw it, from there.
Why is this important: suppose a cigarette butt is seized from a door frame of two doors, that is, it is not yet in the apartment, but no longer in the entrance, and there is no way it could have ended up between the two doors itself.
We took a cigarette butt, identified the person involved in the crime, conducted a biological examination, established that there were biological traces of DNA on the cigarette butt of the person being tested for the crime, and we brought him to justice.
He does not agree with our accusation, but there is the fact that there is a cigarette butt between the doors, and, in addition, there is a video recording that confirms that he was in the entrance, and the cigarette butt confirms that he was in the apartment, which is irrefutable evidence.
And don’t let it seem strange that a thief smokes indoors: he can spend 10 hours there, for example, to remove a safe built into the walls or floor, and he won’t go out into the stairwell to meet his neighbors.
It may also happen that the victim comes home and the thief is in the apartment. In this case, the criminal may attack a resident, which will reclassify his actions as robbery. That is, such actions increase responsibility for the crime committed.
At this time, the detectives have a slightly different job: back at the police department, they receive applications from applicants, record the testimony, and we leave. The detective takes explanations from all participants, makes requests for the provision of video surveillance camera data and establishes all the circumstances set out in the application.
Photo: m24.ru/Alexander Avilov
How to harm the police (bad advice)
1. If your phone or wallet is stolen, do not go to the police - stall for time, you can call your relatives. You are busy, you have a lot to do, and three months later you passed by the police department and decided to stop by. What other “hot leads”? Forget it, the police will find a thief in a city with a population of millions even after so much time. Or you can forget about it altogether and buy a new one.
2. If you decide to write a statement, under no circumstances go to the department on whose territory your things were stolen, but go where it is more convenient for you: the police themselves will figure out in a second who to transfer the case to. And, of course, time plays absolutely no role in the matter of apprehending a criminal.
3. If you come home and your front door is open, feel free to rush in and don’t even try to remember whether you closed the door or not. The thief will probably be surprised by your appearance and retreat without trying to return the stolen property by force.
4. The same situation with the front door: you showed absolutely unnecessary caution and entered. Empty. That is, completely empty - no TV, no computer, no cat, no sweets in the vase.
Feel free to trample, rummage through things, feel as many surfaces as possible - so what if you cover the absolutely unique footprint of a thief in a size 54 boot and his “toes”, which have long been in the police database.
You can also perfume yourself with cologne, smoke or cook fish soup - such a collection of smells will not prevent the valiant dogs from picking up the scent of a thief.
5. SOG nevertheless arrived at your call and went about her work. You’ve watched all the episodes of the series about the work of criminologists and know much better what to do: give advice and tips! Without your knowledge, gleaned from the blue screen, experts are nowhere.
Photo: m24.ru/Alexander Avilov
Five questions for the average person
If I saw a photo of a robber on the “The police are looking for them” board, and then I saw that he was sitting with friends in the park, who would come when I called? Investigative task force? There is a department in the criminal investigation department dedicated to searching for such criminals. You report to the duty station, from there the signal is transmitted to the employees of this department. They go out and apprehend the criminal.
Is the investigative team conducting searches? No, the search is being conducted as part of a criminal investigation, and this is the investigator investigating the case. And the investigative and operational group is obliged to record and process all statements about committed or planned crimes.
What to do if during the investigation of the case the applicant refuses it? The process has started, and he comes and says: “You know, I don’t care anymore.” The crime was committed and the criminal case will not be terminated due to his will. The case has been opened and is being investigated, but the investigation will take into account that the victim has no complaints. This, by the way, often happens in family scandals.
Is a criminal case necessarily initiated upon a statement from the victim, or did a police officer himself see some kind of emergency and can open a case? There is such a term - detection of a crime. For example, a victim, being intoxicated, sits on a bench, a police officer sits opposite him and sees two strangers approaching a man and starting to talk.
Our policeman understands that they are strangers, but they take the man by the arms and begin to search his pockets.
In this case, these persons are detained and all are taken to the police department, the police officer writes a report about the discovery of signs of a crime and about the arrest, and the alleged attackers are placed in a cell for administrative detainees. The victim comes to his senses and writes a statement, which is included in the audit materials.
How quickly do the police return property stolen from me on the street and found in the thief's pocket? Not as fast as we would like. Let's say a thief is detained and some property is found on him: money, a phone, a tablet. As a rule, there is no opportunity to return all this to the victim on the same day, because the investigator establishes the involvement of the detainee in the theft.
Then a preventive measure is chosen for the suspect, all this takes a lot of time, because the investigator does it once: if he makes a mistake, then the prosecution and the court can interpret this as an insufficient investigation.
After involvement in a crime is confirmed, the investigator examines the property seized from the detained person with the participation of witnesses. As a rule, the victims themselves are involved so that they confirm whether the property is theirs: a list of contacts, photographs.
Then the phone is recognized as material evidence and after that the storage location is chosen. It could be a storage room, but we try to put it in safekeeping, because I understand that even the simplest phone is a convenience and it’s better for me to first contact the victim by phone. The victim is also given money, clothes, and bags for safekeeping.
Story: Persons of Order: How the Metropolitan Police Works
