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TO THE QUESTION ABOUT IMPROVING THE QUALITY CRIME DETECTION
Zhadan Vladimir Nikolaevich, Elabuga Institute of Kazan (Volga Region) Federal University, Elabuga
E-mail: [email protected]
Abstract. The article is devoted to improve the quality of crime. Based on the comparison of criminological indicators on the state of crime in Russia in 2014 and 2010, crime detection and analysis of the criminal procedure law and departmental regulations, scientific approaches and the author's understanding of the article discusses the use of the polygraph to improve the quality of crime.
Keywords: quality improvement, detection, crime analysis, official statistics, legislation, departmental act approaches, the use of the polygraph.
With the decline in the Russian Federation (hereinafter - the Russian Federation, Russia) General crime and certain types of offences reported, at the same time there are problems with detection, both in General and particular types of crimes.
So, according to official statistics in Russia for 2014 registered 2166,4 thousand crimes, which is 1.8% less than in the same period last year (hereinafter referred to the same period last year). As a result of criminal attacks killed 35 thousand people (4,6%), health 52,6 thousand people suffered heavy damage (- 0,4%); identified 253,5 thousand the crimes connected with a drug trafficking, which is 9.5% more than in the same period last year; 1127 registered crimes of a terrorist nature (+70.5%) and 1024 crimes of an extremist orientation (+ 14,3%), etc. The proportion of serious and very serious crimes, including registered is 24.3% [1]. Thus for 2014 is revealed to 1.176.4 thousand crimes (to 5.0%) and is not disclosed 948,6 thousand crimes; left 1.2 thousand unsolved murders and attempted murders (- 15,4%), 3.4 thousand cases of willful infliction of grave harm to health (and 19.4%), 542,1 thousand thefts (- 3,4%), 33.4 robberies (- 25,1%), 4.5 thousand assaults (20.6 per cent), etc., 925,3 thousand crimes (- 0,2%) remained unsolved in connection with the failure to find individuals
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subject to attraction as accused [1].
At the same time in 2010 was registered 2628,8 thousand crimes, which is 12.2% less than in the same period last year). As a result of criminal attacks killed 42 thousand people (+ 8,9%), health 50,8 thousand people suffered heavy damage (+ 8,3%); identified 222,6 thousand the crimes connected with a drug trafficking, which is 6.7% less than in the same period last year; 581 registered an offence of a terrorist nature (+ 11.2%) and 656 of crimes of an extremist orientation (+ 19,7%) etc. the proportion of serious and very serious crimes, including registered is 26,0% [2]. Thus for 2010 1431 solved thousands of crimes (+ 13.3%) and not disclosed 1193,3 thousand crimes; remained unsolved 2.1 thousand murders and attempted murders (+ 4,0%), 6.2 thousand facts of deliberate causing of heavy harm of health (+ 15,7%), 709,2 thousand thefts (+ 6,4%), 95.5 thousand robberies (+ 23,1%), 8.9 thousand robberies (+ 20,7%), etc., 1163,3 thousand crimes (+ 8,7%) remained unsolved in connection with the failure to find individuals subject to attraction as accused [2].
These data show that in 2014 in comparison with 2010 registered 462,4 thousand fewer crimes, but as was noted above, there is the increase of registered crimes (for example, the crime of a terrorist nature (+ 546), crimes of an extremist orientation (+ 368), etc.).
Thus, official statistics show that in recent years, a decreasing trend is observed in the General register of crimes, but there has been a growth of certain types of crimes and a very large number of unsolved crimes.
Both scholars and practitioners in order to improve the quality of crime offer a variety of activities: 1) organizational - improvement of quality of professional training of staff of operational units and carry out operational-investigative activity of internal Affairs bodies (the police Department), the Federal security service (FSB), the Federal guard service (FSO), for control over the circulation of narcotic drugs and psychotropic substances (further - the Federal drug control service), etc., investigators of the Investigative Committee, the FSB, the police Department and the Federal drug control service, investigators ATS boundary bodies of Federal security service, Federal service of court bailiffs, etc.; effective supervision by the heads of these law enforcement agencies; use in the production of investigative measures (hereafter OPM) and the preliminary investigation of special technical means and so on; 2) legal - adoption of new and improvement of existing criminal procedure and operational-investigative legislation, departmental regulations concerning disclosure and investigation of crimes, the production of new MPAS and investigative actions, application of special technical means etc; 3) methodical-technical - development and improvement of particular methods of detection and investigation of certain types of crimes, the development of techniques for the use of special technical equipment in the production of MPAS and investigative actions (e.g., polygraph), etc.
The analysis of detection, methods of detection and investigation of certain types
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of crimes, including the use of the polygraph, the subject of many publications [3] that in no way prevents us to turn to one of the discussion points that characterize the use of the polygraph to improve the quality of crime.
The polygraph is of special technical means used by employees operatively-search divisions of the Department of internal Affairs, FSB, FSO, Federal drug control service and other during the relevant MPAS, investigators and investigators in the preparation and production of certain investigative actions with the participation of the polygraph specialist, and for the purpose of obtaining a valid result for further substantiation of the charge of the person who committed the crime.
This technical device by the registration and measurement of physiological processes in the body of the subject when the survey allows you to determine the truth from a man or a lie. False the interviewees answer to the expert question leads to psychological stress and induces physiological arousal, and polygraph these physiological changes registers.
Practice of law enforcement authorities shows that at present in Russia based on the experience of foreign countries [4] adapted to the domestic criminal proceedings have accumulated positive experience of application of polygraph [5].
The results of the use of the polygraph, including during production testing and examinations of the persons involved in Commission of crimes in the U.S. are used as evidence to 1923, however, the unity of opinions of experts on the application of the polygraph has not been developed [6].
The polygraph in domestic practice began to be used much later, more precisely since 1993, when the General Prosecutor's office and the Ministry of justice of the Russian Federation approved the use of law enforcement bodies of the polygraph in the survey of persons, and accordingly the possibility of using the information obtained in the process of disclosure and investigation of crimes.
Adopted departmental acts that regulate the procedure of polygraph [7] and some of them define the limits of their capabilities. For example, the order of the Ministry of internal Affairs of the Russian Federation from 28,12.1994 No. 437 approved the "instruction on the use of the polygraph in the survey of citizens", which provides that the polygraph is only used for the population survey, the information obtained cannot be used as evidence, and has guiding significance (clause 1.1-1.2.) [8].
However, discussions about the validity and effectiveness of the polygraph is based on the study of the psychophysiological state of the participants of investigative activities and criminal proceedings (Complainant, victim, witness, victim, suspect, accused, defendant), by both academics and practitioners continue.
Today's reality is that some scientists-average negative attitude to the possibility of using Palgrave in crime investigation [9], the other part, supporters, supporting the use of the polygraph [10] recommend the use of this remedy in cases where the investigator has reason to believe that the person being questioned knows about the
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details of the preparation and Commission of the crime, but steadfastly denies this.
According to the author, should not in any way denying the importance of the use of the polygraph in the survey (test) participants in criminal proceedings for the purpose of obtaining information relevant to the timely investigation focused on the disclosure of specific crimes.
A survey of the polygraph can help wanted fugitives and missing persons, verification and evaluation of information communicated per person, and checks his involvement in specific crimes. Data obtained during the polygraph can be useful as an orientation information for the bodies performing operatively-search activity in order to detect the location and detention of the persons involved in the relevant crimes.
As practice shows, most of the suspects and accused of crimes of grave and especially grave nature are in conflict, from contact with the investigator they refuse, show aggression, threatened with death, moreover, by means of false testimony lead the investigator astray, of course, in respect of such categories of persons the use of the polygraph is very difficult.
At the same time, as noted in the literature, the development and improvement of the method of non-contact sensors makes possible the use of an investigator of the polygraph in the investigation of criminal cases and the use of the polygraph specialist in preparation for the production of such investigative actions as the questioning, the confrontation, presentation for identification, verification of testimony on site, inspection, examination, investigation, experiment, search, seizure, control and recording of conversations, getting information about connections between subscribers (subscriber devices). Thus obtained with the use of the polygraph in the preparation of these investigations information, orienting has value and helps the investigator in implementing or adjusting his tactical plan.
According to the author, the investigator may use the polygraph in the course of interrogation, subject to the following provisions:
a) mandatory voluntary consent of the person being interrogated [11], therefore, use is advisable in non-conflict situations;
b) a polygraph test is carried out with the involvement of the polygraph specialist (psychologist);
c) test the performance of polygraph direct evidential force, cannot be the basis for the charges used by the investigator as orienting information, facilitating implementation, adjusting his tactical plan, in the planning and follow-up investigative actions;
d) the investigator for the purposes of gathering accusatory and exculpatory evidence the right to question the polygraph as a specialist on the test results;
e) the test results of the polygraph as a conclusion and the testimony of the expert attached to the materials of the criminal case in order to claim 31 part 2 of article 74,
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part 3-4 of article 80 of the Criminal procedure code of the Russian Federation [12] (hereinafter - the code), as evidence;
f) the investigator may appoint a forensic psychophysiological examination with the use of the polygraph, to entrust the holding of an expert polygraph examiner, then on the basis of expert opinion to question him, the conclusion and evidence which are admissible as evidence (paragraph 3 of part 2 of article 74, part 1-2 article 80 of the code), then to interrogate previously interviewed person (or re-interrogate) with the presentation of expert opinion and the results from the Protocol of interrogation of the expert (article 206 of the code);
g) it is unacceptable that the only evidence in the case was the conclusion of the expert, the expert or the testimony of experts.
Thus, based on the comparison of criminological indicators on the state of crime and crime detection, analysis of the criminal procedure law and departmental regulations, as well as scientific approaches and the author's understanding of the article discusses the use of the polygraph to improve the quality of crime.
References:
1. The interior Ministry published a report on the state of crime in 2014 [Electronic resource]. - Access mode. - URL: http://www.na-ohrane.ru/news/news/ news_3748.html (reference date: 05.09.2015).
2. Crime and public safety - January-December 2010 [Electronic resource]. - Access mode. - URL: http://cspkitraccc.skforussia.ru/view_news.php?id=665 (reference date: 05.09.2015).
3. See: Melusina O.V. Legal regulation and methods of using the polygraph in criminal investigations: dis. .. candidate. the faculty of law. Sciences. - M., 1998. - 172 p.; Methods of investigating certain types of crimes https://www.studsell.com/ view/80023/; Crime and crime detection http://2dip.ru/223284/; Statkus V. F. Detection of crime is the most important tool in the fight against crime // State and law. - 1998. - N 4. - P. 66-73, etc.
4. See: The Polygraph and Lie Detection, 2003. P. 16; Examiner Handbook Federal Psycho-physiological Detection of Deception. 2006. P. 14; Scientific Validity of Polygraph Testing. Research Review and Evaluation. 1983. P. 15, etc.
5. See: Materials of the international scientifically-practical conference of polygraph law enforcement [Electronic resource]. - Access mode. - URL: http://www.mvd.ru/ news/32003 (reference date: 05.09.2015), etc.
6. See: Frye v. United. 54 App. D. C. 46, 293 F. 1013 [1923]; States V. Clifton, 531 P. 2d 256 (1975); Police Law Quarterly, 1975. Jan. P. 44, etc.
7. See: Order of the Ministry of internal Affairs of Russia from 12.09.1995 No. 353 "On ensuring the implementation of the polygraph in the activities of internal Affairs
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bodies" - [Electronic resource]. - Access mode. - URL: http://base.consultant.ru/cons/ cgi/online.cgi?req=doc;base=EXP;n=305969 (reference date: 05.09.2015), etc.
8. See: The order of the interior Ministry of Russia dated 28.12.1994 No. 437 "About approval of the Instruction about the procedure for the use of the polygraph in the survey of citizens" - [Electronic resource]. - Access mode. - URL: http://docs.cntd.ru/ document/9037963 (reference date: 05.09.2015).
9. See: Kitaev N. N. The survey results of the polygraph may not have the status of the criminal procedure evidence. // Russian investigator. - 2010. - N 3. - Pp. 5-7, etc.
10. See: Komissarova Y. V. Practices regarding the use of the polygraph in criminal proceedings of Russia // Russian investigator. - 2008. - N 12. - Pp. 36-37.
11. In accordance with part 1 of article 51 of the Russian Constitution, no one is obliged to testify against himself, his spouse and close relatives, and therefore, the polygraph can be used with their consent.
12. Criminal procedure code of the Russian Federation dated 18.12.2001 N 89-FZ (as amended on 13.07.2015 N 265-FZ // Sz RF. - 2001. - N 52. - PT. 4921.
