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not pose a significant threat to society, causing minor damage to person, organization, society, or the risk of damage to the state caused by the imposition of penalties for committing it, corrective work, community service, the arrest alwtürindegi activities of the charges is punishable by a action (inaction) Another factor that delingen. Totally recognized as one of the new Code penalty ruggedized crime is cyber crime. The country’s only just heard a new sound for this type of crime in our society, but the obvious harm suffered. New chapter «in the field of Information and Communication of criminal offenses» (205-213 articles). In fact, the trail of hackers, and scams with a high level of training, professional qualification is required. As an example, we look at the sources of cyber crimes in 1997 when 49 people were punished. All of them canceled under Article 227 of the Criminal Code of the old to 5 years of imprisonment. Only in 2013, only to take cyber
crime 2 of the hacker. According to the Prosecutor General’s Office in the country from 1997 to 2013, 614 cyber-crimes. Based on this data in cyber crime growing in recent years, you can see the weaknesses of the criminal law. Summing up the results of the study of modern information security the extent of the person does not meet the company’s needs or the needs of the state. Government bodies to complete, is available in a timely manner in order to ensure a full and clear information, including the protection of state information resources, in conformity with the technical means in accordance with the requirements of the system and to clarify the need to take decisions for the improvement of domestic remedies. A negative impact on the organization of information security professionals in this area will be less. Information weapon against technical intelligence and many other issues further believe that there is a need to organize.
References:
1. Article 1 of Criminal Code of the Republic of Kazakhstan from 1997.
2. Seitov T. B. Legal aspects of computer crime in foreign countries and in Kazakhstan: manual. - Almaty: Daneker, 1999. - P. 14.
3. Dzhigar A. L. Criminal policy and its reflection in the theory, the legislation and practice: diss. doct. jurid. sciences. - Ryazan, 2007. - 490 p.
4. Newspaper Egemen Kazakhstan. Construction of a new criminal code and want to humanize. - 12.08.2014.
5. [Electronic resource]. - Available from: htpp://www.kz-cert.kz/presscenter/publication/
6. Aratuly Kuanish. Aspects of information in the fight against criminal offenses. - Al-Farabi Kazakh National University «Kazakh University», 2014. - P. 6.
Daubasov Sabyt Shynzhyrkanovich, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law
Daubasova Sulushash Shynzhyrkanovna, Al-Farabi Kazakh National University, senior lecturer, the Faculty of Law
Esymova Sabyna Intymakovna, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law E-mail: B_ali_77@mail.ru
On the significance of the microparticles in the investigation of rape
Abstract: In this article examined about the value of microparticless in investigations of raping. Keywords: criminalistic materials, criminalistic materials, criminal, micro traces, microparticles.
At commission of rapes always there are material traces. Especially it is important to consider it at rapes with heavy consequences when it is interfaced to murder of the victim. These traces are various — by the origin nature, on the education mechanism, a functional purpose, the sizes, etc. Elements of a material situation of an event of a crime can be carriers of these traces: the criminal, his clothes, footwear, the tool of a crime to which he threatened the victim, means which were used by the criminal at violence (for example, a towel with which rolls up the victim’s head) the victim, her clothes, footwear, subjects
belonging to the victim. If the sexual violence is made to the room or on the open district — that traces, respectively, remain on a floor, furniture, carpets, the earth, etc.
For the last century in criminalistics branches — criminalistic materials, substances, etc. are developed, within these scientific directions recommendations of detection, fixing, to withdrawal of traces from a scene, clothes of the criminal and the victim, from their body, etc. are made. Techniques of research of these objects are developed, it is known, what circumstances can be established by means of traces of hands,
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On the significance of the microparticles in the investigation of rape
footwear, teeth, fibers of clothes, soil stratifications, etc., all participants of criminal trial know, what their value in the general subject of proof.
In investigative practice situations when expose the criminal by means of such material traces which it is difficult for the specialist criminalist working together with the investigator at a scene to find owing to their microscopic sizes often meet. However, as a direct or indirect result of the events related crime, criminal or victim, implements, tools of crime, they acquire forensic value and may even act as evidence in establishing the facts and circumstances of the offense. It is about such traces which belong to microobjects. Criminalists showed interest in different small and smallest objects long ago. Still G. Gross indicated the need of collecting dust-like particles in due time. But for the last three decades, criminalistic value of microobjects sharply increased. It is caused by the following reasons:
1) general development of criminalistic equipment and, as result, equipment of investigating authorities perfect scientific and technical means;
2) emergence of the new expert methods opening opportunities for researches of small amounts of substances and materials (methods of raster electronic microscopy, etc.), they provide from microparticles of information which was absolutely inaccessible earlier;
3) on a scene the criminal destroys “traditional" traces as traces of fingers of hands, displays of a sole of footwear.
Meanwhile microobjects during the skillful work of the investigator and experts in many cases can be found and used in the course of investigation. One of features ofmicroobjects — impossibility of their elimination by criminals, and this circumstance in no small measure promotes growth of “specific weight” of microobjects among other material proofs. There are all bases to believe, as, further value of microobjects in fight against crime, including with sexual harassments, will constantly increase.
Classification of microobjects in criminalistic literature can be built on a source of their origin. On this basis they can be divided into three groups:
1) organic origin;
2) inorganic origin;
3) the mixed origin.
The first group includes hair of the person and animals, fibers of fabrics of a vegetable and animal origin, a particle of various cereals, plants etc.
The second group includes microparticles of various metals and metal alloys: silver, copper, iron, aluminum and so forth, and also particles of coal, quartz sand, cement, asbestos etc.
The third group is formed by the microparticles consisting of substances of both an organic, and inorganic origin, for example, the soil, dust.
Micro-objects can be differentiated on the micro traces and microparticles. Ifthe micro-obj ect is in the office (isolated) from the following vehicle as they should be called microparticles,
micro traces — a micro-objects, not separated (not isolated) on the subject of next-step-carrier. Microtraces may include the following overlay inclusion, layering or implementation. Traces of imposing are, for example, microparticles of hair, cellular elements or other particles of a human body, and also the textile fibers which are “imposed” on the crime tool at the time of its contact with clothes and the victim’s body. Similar traces can remain within several months. Inclusion traces in the form of the smallest particles ofmetal and other objects can be found in clothes, in a body of the person, a covering of a floor, house utensils, etc. Traces of stratification arise most often when the substance of stratification or the track-perceiving subject possesses in a varying degree adhesive properties. Traces of stratification can form liquid or semi-fluid substances, and also dust, ashes, etc. Traces of introduction arise at penetration of any liquid (for example, blood) in fabric, paper and other objects.
Detection and furthermore research of microobjects demands not only experience and knowledge, but also use of various devices. Therefore the task of the investigator consists in the correct definition of subjects on which there can be traces, and their timely withdrawal with the precautions excluding loss of separate microparticles or, on the contrary, emergence on a track-carriers of new, “foreign” microparticles. Research of the subjects track-carriers withdrawn by the investigator (clothes and so forth) is made by the expert. Depending on the found microobjects, their nature, structure, structure, examination can be made in a complex with participation of chemists, technologists, biologists, microbiologists, botanists, judicial physicians, etc. Participation of specific experts in production of examination is defined by the leader of experts which task included detection of microobject on the track-carrier, the provided investigator.
We will consider on examples as detection and research of microobjects allowed to direct a consequence on purposeful search of the criminal and to prove his guilt. In one of districts of the city of M. at an insignificant gap on time (no more than days) corpses of two women who underwent sexual violence were found. For promotion of the version about attack on both women of the same criminal there were following bases — about one and too time (about 23 hours of local time), one territory in a scene, both women had on necks suffocation traces fingers of hands. The investigator at once directed on examination the clothes of women withdrawn at inspection of the scene before sending bodies to a mortuary. The taken-off clothes in both cases were packed according to methodical requirements. Before the expert questions were raised: Whether there are on the presented clothes of the victims foreign stratifications, what nature and their appointment. The expert at research of clothes of women found microobjects in the form of particles of metal shaving. Comparative study of these particles with the scanning electron microscope «Stereoscan» showed that the indentations, the protrusions on the surface of the chips produced by the impact tool have identical distances configuration microprobe analysis showed the same chip element composition metal shavings.
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During the time until the examination is being conducted, investigative steps to find the perpetrator, there have been three more rapes of women were fatal. Clothing women were immediately sent for examination, the study showed that the presence of similar chips. The presence of chips on the clothes have five victims, as well as the results of a comparative study of particle chips showed the professional activity of the criminal, that will narrow search. Operative treatment undergone working factories and workshops available on the site of the accident. During the arrest the offender was removed his clothes and assigned identification expertise that helped in exposing the criminal.
Examples illustrating the importance of micro in proving the guilt of the perpetrator, could be cited. It should be noted that in criminal cases of rape often is examined fiber clothing. Experts studying the clothes of victims or offenders under the
microscope reveal layers offibers, fixing their location, and then remove them from the media, further research is carried out by means of physico-chemical methods — determine the structure, nature and type of dyes, etc. To answer that the fibers found on the clothes of the victim, or under her nails, etc., belong to the clothes (sweater, pants and other material.) Criminal expert is particularly structure, composition of fibers and they must be the same, in this case, given a definitive answer about the specific clothing accessories fibers. There may be situations when the layering of clothing found on the clothing ofthe victim offender.
In all these situations it is important to timely and proper withdrawal from the scene of the objects, things, on the surface as a result of sexual violence, formed micro-layers. There are examples from practice when because of neglect recommendations of criminalists of value of microobjects, rules of their withdrawal the criminal escaped responsibility.
References:
1. Vander M. B., Malanina N. I. Trial micrology (criminality aspect). - Saratov, 1988. - Р. 45.
2. Natura A.I. Microobjects: concept, essence and some opportunities of their researches of Studies. Grant. - Krasnodar, 1996. - Р. 4.
3. Archive of the Kazakh research institute of judicial examination. - Almaty, 2015.
Dzhansarayeva Rima Yerenatovna, Al-Farabi Kazakh National University, Head, Chair of Criminal Law, Criminal Process and Criminalistics, Doctor of Law, Professor E-mail: jansarayeva@mail.ru
Yelnur Yerenat, Al-Farabi Kazakh National University, Master student
Sexual deviations of the convicts in isolation
Abstract: Deviant sexual behavior of convicts in prisons adversely affects the correctional process, reduces the effectiveness of preventive work in a correctional facility, prevents the proper organization of the runtime and punishment, as a background component penal crime, often results in conflicts between convicts are resolved by them, as a rule, criminal actions. As the basis for deviant sexual behavior are convicted defects of personality, it applied to them; disciplinary action does not have a significant impact on their behavior.
Knowledge of the criminal world, standards of conduct allow convicted prison administration to objectively analyze the crime situation in the institution, clear and timely control and predict it.
Keywords: convicted, deviant sexual behavior, place of detention, prison isolation.
Deviant sexual behavior of convicts in prisons, as part of the background of the penitentiary crime covers a wide layer of the phenomena of social life and, in general, has a negative impact on society.
Punishable deviant sexual behavior condemned, affects the correctional process in prisons, prevents the proper organization of the runtime and punishment, and reduces the effectiveness of preventive work in a correctional facility. Facts of deviant sexual manifestations impact negative on the morale of the people sentenced to imprisonment reduce their
level of positive activity and optimism in the process of serving the sentence.
It is a mistake to underestimate the importance and necessity of the struggle with homosexual violence in prison, which could lead to a complication of the operational environment, the emergence of conflicts between convicts resolved by them, as a rule, unlawful criminal actions. Research has shown that serious violent crimes committed in women’s prisons are rare, but if they are committed, they based on the homosexual conflicts [1, 55]. According to O. V. Starkov in men’s prisons
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