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deletion or suppression of computer data, entailing inauthentic data with the intent that it be considered or acted upon for legal purposes as authentic.
3) Manufacturing, offering or giving of using, distribution and purchase of child pornography and possession of child pornography in a computer’s memory (Article 9).
4) Crimes which related with infringements of copyrighting and relating rights [3].
According to the Convention, each State Party must provide the necessary legal conditions for the provision of the following rights responsibilities of the competent authorities to combat cybercrime: seizure of a computer system, part or carriers; manufacturing and confiscation of copies of computer data; to ensure the integrity and security of stored computer data relating to the case; destruction or suppression of computer data in a computer system.
The Convention also requires to create the necessary legal conditions oblige ISPs to collect and fixation or intercept the information you need with the help of available technology, as well as contribute to this law enforcement. It is recommended to oblige providers maintain complete confidentiality about the facts of this cooperation.
At the beginning of 2002 the Protocol № 1 was adopted № 1 to the Convention on Cybercrime, which adds to the list of crimes of dissemination of racist and other expressions, incitement to violence, hatred or discrimination against a person or group of persons shall be based on race, nationality, religion or ethnicity.
In many countries of the world in order to suppress the fact the information crimes in recent years, computer security experts began a collaboration with psychologists, who make up the profile of the so-called hackers, that is criminal in the sphere of computer information and technology, which allows to identify the level of skills and technical training. But it should be noted that while computer experts can tell a lot about hackers and its methods of work, but they will never be able to understand the psychology of his criminal thinking. These issues are dealt clinical psychologists, forensic experts and other specialists together with the police. This practice is widely used in the United States, Europe and other countries where cybercrime is widely developed. But due to the fact that under current conditions a significant portion of the fight against cybercrime, as well as with other international crimes, belongs to the domestic jurisdiction of each state, it is necessary to develop parallel and national legislation aimed at combating computer crime, coordinating it with the international standards Law and relying on existing positive experience.
New information technologies should be not only a tool, a means of committing crimes violators of the law, but should be an effective offensive tool in the fight against various threats, including crime in all its manifestations. In this connection it needs to attract highly qualified specialists state structures that equally qualified and practical level could cooperate and work productively cooperating at the international space against cybercrime.
References:
1. Journal “Law and justice statistics”.
2. Golubyev “Strategy and tactics to combat cybercrime in the CIS countries”
3. “The European Convention on Crime in Cyberspace” from November 23, 2001.
Aryn Ayzhann Arynkyzy, Kazakh National University named after al-Farabi, master of law, the Faculty of Law
Mussabekova Aigul Rustembekovna, master of law, the Faculty of Law
Turysbekov Rustam Kazakh National University named after al-Farabi, Criminal Procedure and Criminalities of Law faculty, 1 year master student of Chair of Criminal Law E-mail: [email protected]
Some features of the tactics of certain investigative actions during the investigation of acquisitive-violent crimes in hot pursuit
Abstract: In this article discusses the concept and the basic elements of the investigation. Also points out some features of the tactics of separate investigative actions during the investigation of crimes.
Keywords: investigative actions, crime, crime scene investigation, the victim, witnesses, suspects, examination, investigation of crimes.
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Some features of the tactics of certain investigative actions during the investigation of acquisitive-violent crimes in hot pursuit
The history of the fight against crime shows that the problem of disclosure of committed crimes has been one of the most difficult. Remaining unsolved crimes create the conditions for making new, sometimes more than dangerous acts. One way to prevent crime is their complete disclosure. Detection of crime is one of the tasks of law enforcement, in particular of internal affairs bodies and the overriding duty of authorized units. In this regard, the importance of rapid and full disclosure of the crime is difficult to overestimate. In practice, the effectiveness of the disclosure of crime continues to be low.
It is known that the less time passes since the offense was committed before the commencement and completion of active work on its disclosure, the more effective of investigative and operational search activities in the case. Prompt disclosure of crimes — “hot pursuit”, as they say practice is the key to the success of the investigation as a whole. If a crime is not revealed and not investigated in the near future after committing a crime, afterwards have to spend much more effort and means to establish the truth of the case.
The process of solving crimes in hot pursuit takes place in specific conditions, which impose a special stamp on law enforcement activities. Such conditions, above all, are the suddenness of investigative situation; lack of time to organize and conduct investigative and operational search activities; high dynamic acquisition, processing and realization of evidentiary and investigative information. Analysis of such activities shows that in modern conditions the effectiveness of the disclosure of crimes in hot pursuit depends on the level and timeliness of technical and forensic support.
Now been developed and put into practice many private criminalistic techniques, one ofwhich is a method of investigation of crimes in hot pursuit. Its structure and content is determined by a number of factors, the primary of which should be called the factor of time. As a general rule, the less time elapses from the time the crime was committed before the commencement and completion of active work on its disclosure, the more effective of investigation and operational search activities in the case. If a crime is not revealed and not investigated in the near future after committing a crime, afterwards have to spend much more effort and means to establish the truth of the case.
The initial stage of investigation of profit-violent crimes in hot pursuit characterized by the production of investigative actions such as: inspection ofthe scene; inspection of objects, documents; examination; questioning of victims, witnesses; detention and interrogation of the suspect; confrontations between these parties; presentation for identification; search; examination appointment. In cases of murder for mercenary motives, murder for hire, or murder during a robbery conducted as examination of the corpse.
In some cases, information about who was killed, his relationships, job, his position, positions, methods of making (getting) cash, conflicts, his participates in criminal gangs, criminal records or his involvement in criminal cases as a witness or victim, and other information of a similar nature may give grounds for promoting the release of assassinations.
During the inspection of the scene that is different from the individual action is more informative when investigating in hot pursuit is primarily used information that facilitates the rapid identification, locate and detention of suspects.
On examination the scene, carried out during the investigation in hot pursuit, the priority is to survey areas of the scene that can be focused most important traces of the crime and other objects. It is necessary to examine separately consistently to get on the scent, to compare them with each other and with the environment before, during and after the commission of the crime, i. e. to conduct so-called situational analysis the scene, which will allow drawing conclusions about the mechanism of crime.
The acquisitive-violent crimes are distinguished by the fact that most of the victims or witnesses can describe the perpetrators of these crimes. With any data about the person who committed the crime, operational staff on behalf of the investigator or on its own initiative using information about it, discovered during inspection of an instrument of crime, documents and other articles belonging to the offender, to find it through the search operations and organizational measures. Particular attention is given to examination the place in which the offender was waiting for his victim, as the offenders often leave there traces of their hands, shoes, vehicles, forget, lose, or left in place a “ambush” any items belonging to them or their parts, which in the future may be relevant evidence. Inspection of the place can help the investigator to submit fuller picture of the attack and the way it was committed.
If the victim or witness indicates that the offender was resisted, then the inspection of the scene must pay special attention to the place of the immediate struggle to detect criminal lost objects or documents, traces of blood, hair, bits of clothing, etc.
If while questioning the victim indicated that they had suffered offender injuries and other injuries, you should contact the medical institutions in order to determine whether someone did not address them with specific injuries and to warn of the need to report such persons and their possible detention. In the investigation in hot pursuit is necessary after receiving such information to send operational group to “carding” the surrounding areas to detect persons with characteristic lesions, i. e., a possible offender.
In case of absence information about criminal examination preceded the application of search dogs to determine the direction in which the perpetrator hid, his prosecution and detention and detection of objects, things that have preserved olfactory information about the offender. This is especially useful when it detects a contract killing, as the culprit in such cases often leaves the scene weapons, ammunition, masks and other evidence. A number of forensic scientists pay special attention to the fact that searching and use of such traces primarily as micro traces, the smell of a man, a variety of selection of his body (saliva on cigarette butts, homo-fatty substance, hair), etc. - the success of disclosure and complex investigation of murders of non-obvious [1, 22].
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Next, you need to spend directly on the spot up-expert research revealed traces. Results of preliminary studies immediately used to check the corresponding objects on criminal records. In addition, during the inspection must be defined, which should be most likely could stay on the body and clothes of the offender. Establish such facts and their assessment immediately used in the implementation of operational and search measures.
During the interrogation of the victim and witnesses during the investigation crimes in hot pursuit the main objective, as well as in the inspection of the scene, will receive necessary to establish the circumstances of the crime, search and capture of offender information as soon as possible. Such questioning conducted without delay, especially when the victim is in critical condition, life-threatening. In this case, the interrogation conducted with the permission of the doctor directly at the crime scene or in a hospital, which will be delivered the victim. When investigating the profit-violent crimes in hot pursuit more appropriate examination of the scene and interviewing the victim and (or) eyewitnesses carried out simultaneously. This is necessary for numerous reasons:
1) the victim or witness can give the initial information necessary for offender investigation in hot pursuit;
2) the victim or witness can point during interrogations data that is useful to consider when inspection of the scene (where the attack took place, where the main struggle with the offender, in what place offender waiting for his victim, etc.);
3) if the victim or witness will be forced to wait for the inspection of the scene, they may forget some important details of the investigation;
4) the victim or witness may simply not be able to wait for the inspection of the scene, which may take several hours [2, 5].
If the victim or witness saw the offender, but doesn’t know him, then, as already noted, special attention is paid to verbal description. To produce verbal portrait can be used standardized forms with images of silhouettes and the album “The types and elements of appearance" Victim, moreover, should be questioned, who could be an eyewitness to the crime, i. e. those persons who can be witness in the proceedings.
Due to the fact that after the crime victim or witness, an eye-witness may be in a state of psychological shock, the data of a witness may be incomplete. In this case it is recommended to interrogate him again in two or three days, because human memory is subject to reminiscence, i. e., ability to eventually restore all lost images.
Due to lack of time on evidence given by the victims or eyewitnesses, it is advisable to record on tape. Most often, a tape recording used in the interrogation of the wounded, sick, young and foreign citizens and persons leaving to another location.
As the acquisitive-violent crimes involves the commission of their selfish motives, the main purpose of the search is the detection of money, things, gilt-edged securities, jewelry, etc., illegally obtained and is the proof of the case and weapons and other weapons offenses and of course, the offender. During the search can be detected and other objects that are
relevant to the search and locating fugitive offenders, for example, traces of shoes, clothes or other objects, even if the objects themselves will have been destroyed. The search in hot pursuit is frequently instituted at night, as the delay in its production could affect the entire investigation [3, 87].
During the arrest ofa suspect in hot pursuit, it is subjected to a body search and examination to detect on his clothes or body signs that he committed the acquisitive-violent crime. This, as noted above, can be the next victim resistance, physical harm or damage to clothes of criminal; traces of blood of the victim, his hair, etc.; under committed murder or armed holdup — weapons, gunpowder on his hands and clothes, cartridge cases that offender could carried off the scene of the crime after the murder; in the commission of a robbery or holdup — things, documents, etc.; when making extortion — money or valuables belonging to the victim. If there is evidence of the alleged offender, obtained during the interrogation of a victim or witness, it checks for these victims and witnesses given signs.
After the detention of the suspect must be immediately interrogate him not to allow the offender to prepare, think about his answers, tactics and behavior. If the detainee claims of alibi, during interrogation in which the investigator finds out evidence for the validation of such a declaration, or immediately after operational staff on behalf of the investigator or he checked this alibi.
Order to hereinafter state the suspect is not a false alibi (if it has not already done so), the initial interrogation must be installed where it was at the time the crime was committed and who can confirm it. If during the arrest the offender was seized weapons, it is necessary to clarify where it came from to him, and when it was used for the last time. When detected on the body of the suspect or his clothing should be possible resistance must ask how on the body and clothes of the detainee data damage [4, 57].
As already noted above, if the offender is not familiar the victim or witness, but there are tentative information about who they might be, the presentation can be carried out to identify the photos from archive files or cards passport offices, military registration, etc. if the offender detained, it is necessary to present it for identification in nature. Often after the crime criminals are trying to change their appearance or, on the contrary, in the commission of the acquisitive-violent crimes change their appearance. If the victim or witness is reasonable to assume that the attacker was a specific person, it urgently needed to conduct a search of the residence or detention of a person to prevent him to escape by changing the appearance, or destroy the object of his disguise.
Immediately, after the presentation for identification and interrogation would be best to hold a confrontation, for not to allow the offender to think carefully about his defense. In this case it is necessary to take into account the mental state of the victim or witness and its relation to the detainee. Since these crimes are not only physical, but also mental violence against victims, it is necessary to conduct a pre-conversation with him and clarify whether he is able to testify, to adequately
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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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