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Jusupov Bolotbek Asanovich, candidate of law, associate professor "Criminal Law and Process" Osh State Law Institute Kyrgyz Republic, Osh city Orozov Jarkyn Junusovich, candidate of law, associate professor "Criminal Law and Process" Osh State Law Institute Kyrgyz Republic, Osh city E-mail: bolotbek1970@mail.ru
TACTICAL RECEPTIONS OF INITIAL INVESTIGATION ACTIONS IN THE INVESTIGATION OF THE CRAFT OF CATTLE
Abstract: The main goal of the work is to identify the features of the initial investigative actions and tactics and also to plan the investigation of the cases of cattle theft. The most characteristic features of the investigator's actions in the investigation and planning of cases of theft of livestock are determined.
The research was conducted on the basis of general scientific and especially scientific methods of cognition. The results of the study can be used law enforcement practice of law enforcement agencies to combat cattle theft, planning of organizational and legal measures in the investigation of cattle theft.
Keywords: Consequence, planning, trace, investigative actions, tactics, preliminary investigation.
The main goal of the work is to identify the features of the where you can get the maximum amount of information and
evidence base. In accordance with Art. 165 CCP inspection of the scene of the incident and the purpose of the examination can be conducted in case of detection of an offense.
In accordance with art. 166 of the Code of Criminal Procedure of the Kyrgyz Republic established the terms of the preliminary investigation. Rational use of organizational and tactical methods of investigation is a pledge of timely and successful completion of the investigation.
As part of the principle of legality, the criminal procedural law establishes certain rules for the conduct of investigative actions. And with the design of the tactics of investigative actions, the investigator can not go beyond the procedural legislation.
In accordance with Art. 169 of the Criminal Procedure Code of the Kyrgyz Republic [2] established general rules for the production of investigative actions. In the manufacture of investigative actions, technical means can be used and scientifically founded methods of detecting, fixing and removing traces of crime and material evidence can be used.
In the conduct of investigative actions, the use ofviolence, threats and other illegal measures is unacceptable, as well as creating a danger to the life and health of the persons participating in them.
Proceeding from the foregoing, it is possible to establish criminal legislation in every way to protect the rights and freedoms of persons participating in criminal prosecution.
It should be noted that the order of the sequence of investigative actions is not clearly regulated by the criminal procedure legislation. When choosing the procedure for carrying
initial investigative actions and tactics and also to plan the investigation of the cases of cattle theft. The most characteristic features of the investigator's actions in the investigation and planning of cases of theft of livestock are determined.
The research was conducted on the basis of general scientific and especially scientific methods of cognition.
The results of the study can be used law enforcement practice of law enforcement agencies to combat cattle theft, planning of organizational and legal measures in the investigation of cattle theft.
Keywords: Consequence, planning, trace, investigative actions, tactics, preliminary investigation.
Planning of investigative actions at the initial stage of investigation of cattle theft is a necessary tactical condition for achieving the goal of criminal prosecution.
It should be borne in mind that criminal prosecution is limited to temporary categories, otherwise procedural actions will expire in a certain period of time so-called procedural terms.
From proper planning of investigative actions depends the result of work, where the maximum amount of procedural actions can be used for the shortest possible time.
Criminal Procedural Legislation Art. 164 of the Code of Criminal Procedure [1] of the Kyrgyz Republic defines the spatial aspects of investigative actions. The beginning of the investigative actions coincide with the commencement of the institution of the criminal case, but in some cases, it can be committed before the institution of the criminal case. Speed and efficiency is one of the key aspects of investigative actions,
out investigative actions, the investigator acts autonomously, he has the right to independently establish their order at their discretion, this circumstance makes it possible to equip the tactics of investigative actions.
Nevertheless, to conduct some investigative actions, the investigator must obtain permission.
On the basis ofArt. 169-1 ofthe Code of Criminal Procedure of the Kyrgyz Republic, the investigator in cases provided for in Art. 32 of the Code of Criminal Procedure, with the consent of the prosecutor, raises an application for an investigative action before the court, on which a decision is made [2].
At the initial stages of the investigation of cattle theft is characterized by special tension. Since the investigator must plan the tactics of investigative actions in a particular case.
The first step in the initial period of investigating theft of livestock is to extract the maximum amount of information. The victim can serve as the source of the source.
According to I. I. Belozerova's «tactical methods of producing an investigative action with his participation impose not only a record of his personality, but also the goals of the victim's participation in an event» [1, P. 234].
As we described above, an immediate investigative action is to examine the scene of the incident. Inspection of the scene of the incident is not only procedural, but also criminal legal value as an optional feature of the objective side of the crime. In addition, the scene of the incident is indicated by the presence in the obj ective world of the crime event. And the events of the crime, in turn, are subject to proof. In the process of inspecting the scene of the incident of cattle theft, it is necessary to find out the following circumstances:
a) the form and content of the object from which the theft was committed;
b) the circumstances of the environment and approaches to it;
c) the way the criminal gets to the place of theft if this is a closed room and in which direction he disappeared;
d) the criminal used the technical means;
e) what is the sequence of actions of the offender;
f) how many persons participated in the theft;
g) what mechanisms the traces of education were left on the scene of what traces from the scene could have remained on the offender;
h) characteristic signs in the tracks and other material objects, by which you can determine the age, professional skills, appearance of the offender;
i) whether there are signs, staged theft.
In order to clarify these circumstances, it is necessary to inspect not only the premises from which the theft was committed (if the theft of livestock is committed from the yard), but also the adjacent construction through which the criminal
could have entered or left. Important for the tactics of investigative actions is the study of the place from which it is possible to observe. In such places, material footprints of shoes, cigarette butts, etc. can be found.
Imprints of material traces must be sought in places of penetration to the scene of the incident, doors where material traces of other excretions of the human body can be found, all sorts of objects by which the person who committed the theft touched.
In the case of detection of the tools of hacking at the crime scene, it is necessary to conduct a detailed inspection, where it is possible to detect traces.
A proper investigation of the situation of theft of cattle allows you to obtain the maximum of personal information that provides for the disclosure of the crime. The theft allows you to point out the age of criminals:
- a place of penetration;
- on the physique;
- by the method of opening the barrier
- professional skills (for cattle stealing, there are signs of rope knots, the so-called «kurmo», «kazyk boo» among the people;
- on the psychological characteristics of the criminal's personality.
Investigative situations, when stealing animals allows you to determine the intent of the person who committed the theft.
Numerous footprints left on the scene may indicate the mental state of the offender.
Analysis of the method of committing a crime largely determines the personal qualities of the person who committed the theft of cattle,
Since any criminal act is determined by the psychological characteristics of the individual. It expresses social demographic-gender, age, life experience, professional skills.
Traces obtained during the inspection site of the incident must be subjected to examination.
In accordance with Article 157 of the Criminal Procedure Code of the Kyrgyz Republic [2], upon the fact of the crime committed, the body of inquiry takes the necessary measures to protect the scene of the incident.
Timely measures taken when going to the scene give the investigator a number of advantages:
- timely organization of operational-search activities;
- conduct urgent investigative actions-searches, seizures;
- obtain samples for comparative study;
- appoint an expert examination;
- interrogate the victims and witnesses;
- the next step in the tactics of investigative actions is the questioning of the victim.
Interrogation of the victim is an integral part of the investigative actions, the activities carried out at the initial stage of the investigation.
During the interrogation of the victim, it is necessary to pay attention to the establishment of group and individual traits of stolen cattle, distinctive features.
When interrogating the victim, it is necessary to maximize the details of the testimony.
Part of the interrogation is the questioning of witnesses, questioning which is significant information about the theft of livestock, as they are directly observing the event of the deed. During the interrogation of witnesses, social psychological properties are important:
- their individual abilities to perceive and remember the circumstances of the event;
- initial attention of the witness;
- the nature of the suspect's actions;
- at what time the event occurred;
- Signs of criminals.
The most important tactical action is the search of the suspect. After the detention, the suspect must be subjected to a personal search, if necessary, the shoes and clothes for examination are withdrawn from the suspect.
The purpose of the search is to find stolen items that could be used as tools for hacking. The auxiliary premises-sheds, garages, where sometimes it is possible to find objects important for investigation are subject to a search.
The procedure for conducting the search is regulated by Art. 184. CPC KR [2] indicating that the basis for the search is the availability of sufficient factual data.
An important evidentiary value may be the examination and examination of the suspect's clothing.
The survey is conducted in order to detect traces left after the theft was committed on the suspect's body. Detection and fixation are subject to fresh wounds, scars and burns, mi-croparticles that fall on other parts of the body.
The next stage of investigative actions is preliminary preparation, thorough and
The next stage of investigative actions is preliminary preparation, thorough and in-depth study of the person of the accused in order to timely select the moment of carrying out certain actions. The sequence of the conduct is largely determined by the nature of the investigative situation.
In the process of questioning the suspect (accused), if he pleads guilty, it is necessary to find out in detail all the circumstances of the crime: - the fact of the theft, the circle of participants if committed in complicity;
- when, and where, the sale of stolen cattle was carried out;
- How much he received as a result of the sale of the kidnapped;
- who can confirm his testimony, etc.
The process of interrogation of the accused must cover all the basic circumstances of the theft, the sane guilty, the interrogated and set out in the decision to bring in as the accused.
To investigate the theft of livestock, proper preparation is necessary, during which the investigator must carry out a set of actions, including: studying the materials of the criminal case, the identity of the person being interrogated; determination of the order of interrogations and methods of summoning the interrogated, preparation of a place for interrogation.
In the process of these actions, the investigator must find
out:
- personal qualities of the suspect, the accused;
- the idea of life values;
- professional skills;
- whether there is a conviction, under which article of the Criminal Code;
From the totality of the information received, it is necessary to provide certain information, the use of which can lead to a truthful testimony given to the accused.
The interrogation of the accused should, in the form of a free conversation of the proposal, tell everything that he wishes to clarify on the charges brought against him.
As the investigative practice shows, interrogation of the accused in theft of cattle can proceed in the following investigative situations:
- Recognition of guilt by the accused;
- partial confession of guilt;
denial of guilt.
In the first investigation, the situation is conditioned by the positive qualities of the accused, or forced to do so because the investigation contains irrefutable evidence of his guilt.
In the second case, the defendant's partial confession of guilt, the accused has no idea of the availability of information at the disposal of the investigator.
As the investigative practice shows the suspects, the accused are very cautious, often gives uncertain answers to the questions posed. The investigator must select special tactical methods that would expose the interrogated.
In the third case, the accused does not admit his guilt, refuses to give evidence or gives false, psychological contact is necessary with the interrogated.
In case of refusal to give testimony, it is recommended to use tactical methods aimed at inducing the accused to conduct logical reasoning.
Summarizing this article, we believe that the specifics of the tactics for conducting investigative actions are:
1. When choosing the tactics of investigative actions, the investigator does not have absolute freedom, his actions take place within certain limits.
2. When choosing a sequence of investigative actions, the investigator has the right of autonomy.
3. The tactics of investigative actions in each case of theft of livestock depends on the circumstances of the case.
4. The most typical investigative actions in the commission of thefts are the examination of the scene of the incident,
the interrogation of the victim and the suspect, operational-search activities.
5. During the interrogation it is necessary to detail all the information about the circumstances of the case, it will help further planning the investigation.
References:
1. Belozerova I. I. Forensic science: Training course.- Moscow: Volters Kluver, 2005.- 234 p.
2. The Code of Criminal Procedure of the Kyrgyz Republic, 1999.- 30-June.- No. 62. (As of November 22, 2017, No. 191). Information and Legal Center "Toktom". B. 2017.
