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Features of the search and the personal search tactics
respond to the detainee and can even participate in the confrontation. If the victim or witness does not wish to participate in a confrontation due to the fact that very frightened, you should try to calm him, to convince of the need for confrontation and try to obtain the consent of its implementation [5, 14].
Problem disclosing of crimes in hot pursuit is closely connected with the problem of unsolved crimes of the past years,
recidivism and overall crime detection. The more crimes will be revealed in hot pursuit, the less will be suspended cases for failure to identify the perpetrator of a crime will be less possibility of criminals to commit crimes again, etc. consequently, the investigation of crimes in hot pursuit leads to an increase in the total number of solved crimes and reduce the level of crime in the country or in a particular region.
References:
1. Bakhin V P., Bayzhasarov B. N., Kogamov M.Ch. Metodika rassledovaniya zakaznykh ubiystv. - Almaty, 2000. - P. 76.
2. Lavrov V. P., Sidorov V. Ye. Rassledovaniye prestupleniy po goryachim sledam: Ucheb.posobiye. - M., 1989. - P. 234.
3. Obraztsov V. A. Vyyavleniye i izoblicheniye prestupnika. - M., 1997. - Р. 336.
4. Sidorov V. Y. Nachal’nyy etap rassledovaniya: organizatsiya, vzaimodeystviye, taktika. - M., 1992. - Р. 118.
5. Khaziyev Sh. N. Tekhniko-kriminalisticheskiye metody ustanovleniya priznakov neizvestnogo prestupnika po yego sledam. - M., 1986. - Р. 39.
Aryn Ayzhann Arynkyzy, Kazakh National University named after al-Farabi, master of law, the Faculty of Law
Mussabekova Aigul Rustembekovna, Kazakh National University named after al-Farabi, master of law, the Faculty of Law
Shankereev Baurzhan, Kazakh National University named after al-Farabi, undergraduate, the Faculty of Law E-mail: [email protected]
Features of the search and the personal search tactics
Abstract: In this article it is considered problems of tactics of carrying out search at investigation a crime. Keywords: process, internal situation, the personal search tactics.
In the process of disclosure and investigation of crimes there appears a necessary for such investigative action as a search that bears a distinct the coercive nature with respect to the persons with whom he performed.
The search — this investigative action, aimed at compulsory inspection sectors of terrain, placement, of the human body, his clothes and personal things, is authorized by the person carried out within the law of criminal procedure with respecting guarantees of the rights and legitimate interests of citizens and legal entities in order to find (detection) and seizure (arrest) concrete sources of evidentiary information (material objects) that may be relevant to the case. Search in the course of the investigation can be carried out even when the object of the search is the person, the corpse or parts thereof [1]. The search is performed in order to detect and seizure of objects or documents relevant to the case. The basis for conducting a search is the existence of sufficient evidence to assume that these items or documents may be in a particular placement or elsewhere, or of a particular person. The search can be performed for detection of wanted persons and corpses [2, 230].
The immediate objectives of the search actions are: the detection of the desired object; fixing their places of concealment; capturing general, private and special signs of the detected objects; familiarizing of claimed objects to the case.
By the number of objects being searched simultaneously the search divided into single — survey undergoes a single object and the group — made simultaneously in several places. The latter is necessary in cases where there is reason to assume that the required objects are in several of the accused in the same case, familiar with each other, or at one person, but in different places (apartment, villa, in the office, personal transport). In these cases, the search assumes the character of tactical operations. To exclude mistakes in the group search involved several investigators, one of whom is responsible for all tactical operation; he also coordinates the activity of all search teams.
Also vary primary and repeated searches. The last produced in special cases:
1) when the primary search was made unprofessional, without elaborate preliminary preparation, without sufficient understanding of the signs of the unknown objects that may
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be relevant to the case, and therefore did not give a positive result, etc.;
2) when some parts of the placement or area were not thoroughly investigated, without the use of scientific and technical means;
3) when the search was conducted under unfavorable conditions (poor lighting), by virtue of which could not be obtained positive results;
4) when scours person or his family, hushed result of a failed primary search, begin to return hoarded things, values, etc. in the previous examination of the premises.
The objects of the search can be a living room, an apartment, individual house or garden area, street facilities household buildings, service or utility rooms, vehicles, garage, yacht, private jet, any property (shop, cafe, kiosk, agency, etc.) as well as people.
Range of subjects, which may be a desired during the search, is very wide: it’s alleged means of crime (e. g., weapons, tools of hacking, instruments, explosive devices and other material objects that makes footprint, leaving a trace at the scene (micro-objects, paint, blood, soil particles, explosives and others.), objects and values obtained by criminal means or capable of being used and to ensure that compensation caused by criminal acts, possession of which is prohibited by applicable legislation or requires a license. The unknown objects can act fugitive (volunteer 11 hours and forced) and the corpse or part thereof.
Along with these are also subject to confiscation objects (items and documents), indicating the planned crime or indicating possible storage of other sources of evidentiary information and, in some cases, and those that can later be used as samples for carrying out comparative search. For example, if the investigator suggests that in the case may require that the handwriting examination, the forensic specialist is invited to collect free samples of handwriting. In order to ensure the effectiveness of search, the investigator granted the right to open locked premises and storage, if the owner refuses to do so voluntarily. The method used for opening the store, is recognized in the protocol of search. The investigator should avoid unnecessary damage of locks, doors, objects.
As a general rule, the search is not performed at night. In exceptional cases of urgency, this action can be performed at night. Search in the premises that occupied by legal persons, made in the presence of a legal entity [1].
Features of the search tactics on the premises. Searches in residential and utility rooms derived from the survey of separate parts and components of the building and inspections of the domestic situation: furniture and other movable items.
Search of the premises, it is desirable to start with measurement. Attention is drawn to the uniformity of the materials from which built the walls and interior partitions. Voids and the foreign inclusions are detected by knocking. Should be inspected carefully ventilation vents, tile trim, window and door openings.
Examining the objects of internal situation, it should be remembered an immutable rule: the search should be
carried out on all sides, and with special care inspected parts that are normally hidden from the observer: the area, facing the walls, ceiling, floor, and the inner surfaces of furniture. Particular attention should be paid to small details. For example, in the cache under the floor surface (most often it is located near the walls or under pieces of furniture) may indicate: opening plinths; dents between the planks or parquet planks; board, consisting of several parts; absence between the boards or parquet planks slot mud; strengthening boards with large number of nails, sometimes with a different character of bonnets and similar symptoms. Area of the floor with these characteristics examined with a metal detector and magnifying glass with a large field of view, knock and if there are sufficient reason to reveal.
Carrying out of the search in the service space is much more difficult than in residential: it is usually a large area, and there are a lot of hiding places. Inspection of production facilities and mechanisms requires some special knowledge of seekers and knowledge of safety rules. These supplementary difficulties must be considered in advance. Thus, during examination of the computers necessary to invite a specialist, because it is a very convenient place to hide the small items. At the same time unauthorized entry into the computer can lead to the destruction of valuable evidentiary information.
Features of the search tactics of terrain sectors. Getting searched to the open countryside, it is necessary to break the territory into separate sections, limited natural boundaries or wands. Searched area is investigated systematically, focusing on water bodies, piles of firewood, woodpile, etc. There can bring great benefit the use of search dogs and the above mentioned technical means.
Features of tactics of personal search. Such a search is made, typically in a standing position. To the person offer to keep everything in his hands, and do not move. To avoid the danger of a sudden attack (the resistance), searched person is facing to the wall, on which he relies his hands up, separated at the level of the head, feet shoulder width apart. In this position, he should stay until the end of the search. Person who searching makes a survey of searched person, staying behind him. Precautionary measures are observed and first of all, it is checked do this person has weapons.
Most often, a personal search is made from top to bottom. At first examined headwear, then outerwear etc. Each thing should be assessed on all sides, turned inside out, felt. Suspicious location is tearing inside out. Look carefully shoes, especially home-made and orthopedic shoes.
In this case necessarily examined hat, gloves (mittens) and, if possible, footwear (offer to remove from the legs). It is necessary to check all the pockets of clothes, turning out the ones that can be turned inside. Winter clothes overtures at least two times. Often, knives and other tools put behind a belt or hung on the midline of the chest and from the back along the line of the spine. Sometimes guns hidden in the sleeves, which holding back with the hand, and often sewn to the inside of the jacket (coat) shoulder straps (resembling soft
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sheath). Sometimes they hang it between their legs or fastened to the inside of the lower leg with a partial seizure edge of the shoe. Tools and materials that can be used for an attack, need to confiscate from the detainee immediately. If during the search there are found other items that may be relevant to the case, they are also are subject to withdrawal.
The personal search is completed by inspection of body. To the searching person offer to undress, to enable detection of objects on his body, including tied and glued and embedded in interdigital spaces of feet. Examination of the body of being searched person is done visually, through a review of its surface and orifices ears, nose and mouth, available for review, without the use of special techniques and instruments adopted in medicine.
In verification of the searching person shall be taken all the items: bags, briefcases, wallets, umbrellas, walking sticks, etc [3].
The personal search is carried out only by a person of the same sex of being searched person, and the presence of witnesses and experts of the same sex. The personal search can be carried out without making a special resolution and without a warrant if:
1. There is sufficient reason to believe that a person in a room or other place in which is carry out the search, is concealing documents or items that might be relevant to the case;
2. It is produced during the arrest of the person or his detention. In this case, the personal search may be conducted without of witnesses [2, 233].
References:
1. Criminalistics edited by Doctor of Law, the professor N. P. Yablokova. Chapter 23. Tactics search and seizure. § 1. Concept, objectives and types of the search.
2. The Criminal Procedure Code of the Republic of Kazakhstan, adopted in December 13, 1997. - № 206-I.
3. Rossinskaya E. R. Criminalistics. Questions and answers. «Yunita-Dana.» - 1999. Section III. Forensic tactics. - Chapter 4. - Tactics search and seizure.
Baysalov Aly Dzhumamuratovich, Kazakh National University named after al-Farabi, candidate of jurisprudence, the Faculty of Law Zhaimagambetov Gabyt, Kazakh National University named after al-Farabi, undergraduate, the Faculty of Law Kundakova Makpal Zhanatkalyevna, Kazakh academy of transport and communication named after M. Tynyshpayev, master of law, the Faculty of Organization of transportation and logistics
E-mail: [email protected]
The fight against terrorist actions
Abstract: In this article it is considered questions of fight against terrorism in the Republic of Kazakhstan. Keywords: terrorism, against, attacks, radicalism.
In our time, the media and many politicians evaluate terrorism as a catastrophe of the 21st century. But it may be caused due to the outbreak of thought. In fact shown in its high-end roots are deep. The President of Kazakhstan Nursultan Nazarbayev said: «When the dragon of terrorism and their rivals, who are constantly stabbed cunningly. However, it is seen today as an open and scalable. International terrorism so far, and out of all the existing global and regional security» [1, 21].
Ideas are in compliance with detonation potential spread of terrorism, racism and nationalism feed. Any type of nationalism is no doubt that the reason for the spread of terrorism. One of the nation’s second nation to establish the rule of nationalists likely to the terrorism.
The truth of the stoppage of a destructive act of terrorism and political radicalism was that one of the consequences of his party groups are not being equally not be any political softer. And since then, the test of political radicalism, terrorism can be killed [1, 32].
In K. Sadiev’s scientific article «The fight against terrorism and consolidation efforts could have a positive impact on the dynamics of the world economy» was a terrorist attack in the United States to explain the impact on the economy of the United States in a comprehensive way: «Immediately after the terrorist attack in the international stock market index fell. Reduced cost of the dollar against other world currencies. US dollars to keep the chickens are some measures. Therefore, the international financial institutions worried. Stock
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