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DOI: http://dx.doi.org/10.20534/ESR-16-9.10-277-280
Kamalova Leila Narimanovna, Candidate of legal sciences, Associate Professor, Sub-department of criminal law and procedure, Department of Law Kyrgyz National University named after Jusup Balasagyn
Shimeeva Zhibek Sherovna, Senior lecturer at the Sub-department of criminal law and procedure,
Department of Law, Kyrgyz National University named after Jusup Balasagyn Zholdoshaliev Midin Turdumamatovich, Chairperson of the Pervomaiskiy district court in Bishkek Niyazbaev Samar Nuredinovich, Post-graduate student, Kyrgyz National University named after Jusup Balasagyn E-mail: n.abdykarimova@mail.ru
Use of non-traditional methods of research in criminalistics during the investigation of crimes at modern stage
Abstract: The article considers the peculiarities of use of non-traditional methods of investigation of crimes at modern stage on the example of use of a polygraph as well as in conflict situations.
Keywords: investigation, investigative actions, crime, polygraph, organized criminal group.
K. A. Isaeva is right, when she writes that, at modern stage, there has been a combination of economic and general criminal offence crimes at different level. Herewith, criminal formations appear and function consistently at the very junction of such directions of criminal activity as drug business, kidnapping of people with the purpose of further sale for sexual exploitation or other purposes, organized blackmail with the purpose of taking control of entire industries of the economy and investing material means obtained from drug business into these industries; ifrequired, they resort to the termination of rivals or persons preventing the realization of their illegal activity. The binding of these criminal directions, which were not interrelated before, determines a completely new qualitative content ofsocially dangerous offences that have left the borders of one country [1, P. 130]. Such situation cannot not have effect on the criminalistic methods of research during the investigation of such especially dangerous crimes.
Thus, the means of acoustic control used for discrete listening and (or) fixation of a conversation between the participants of the event, as well as a different acoustic control of other sounds that pose interest for the bodies of investigation, are used quite widely in the solving and investigation of crimes with the participation of organized criminal groups (hereinafter, OCG).
At the same time, the investigative bodies do not possess sufficient information due to the non-traditional nature of the research of objects. For instance, it should be taken into consideration that work with the sound given the modern development of information technologies is taken to a completely different qualitative level.
Current software allows processing the sound and changing parameters of voice: tonality, voice timbre, pitch of voice, as well as cutting any text of the human's speech according to the printed alphabet, thus, making words and sentences. Herewith, during «cutting» and «binding» of the sound, there are no signs of combining at the places of integration, which, undoubtedly, makes the conduct of investigation difficult. In addition, further rerecording of such records on regular tapes and discs makes expert examination helpless. In such case, an expert can only answer a question about the presence of digital processing of the examined sound. Such function as cleaning of speech from the external environment sounds and, on the contrary, superimposing of any required foreign noises is available.
It is more difficult for a speaker to give intonation and emotional coloring to the speech, but it is now possible in the presence of respective special software. Based on the above stated, one can
acknowledge highly qualified programmers should be engaged in the investigation of organized crimes. Unfortunately, today, the investigator cannot get answers of his interest due to obvious impossibility of it in the course of investigation.
At the current stage, such activity refers to non-traditional researches in a great degree and is named as «information-program expertise» of digital sound, which the big hopes are placed on in Kazakhstan and Kyrgyzstan, and which has been successfully carried out in the Russian Federation.
One of the problems lies in the definition of the method of expertise of computer means. Rapid coverage of the population of the most part of the world by information technologies has led to the use of such means for criminal purposes.
The following arguments are presented as example: «... significant importance is given to the rapid development based on the high technologies of financial-transnational information space, which, firstly, simplifies the conduct of various «contracted» and «not contracted» financial operations, because such way stimulates free movement of funds through national borders and creates the conditions for the weakening of intra-state control of currency transit; secondly, it contributes to the integration and creation of super-market of multi-functional banking services, multi-profile of the activity destroys transnational barriers between financial institutions and this is often accompanied with the reduction of fair practice and quality of provided services; thirdly, liberalization of banking system in the whole, which is the consequence of globalization of world economy, promoted the development of off-shore zones, including the appearance of favorable conditions for the functioning of separate directions of the world industry, which are financially difficult to control by the supervision authorities of these states; fourthly, it provides massive opportunities for organized criminal activity, because cyber space used by them allows performing illegal banking activity not only by the members of the given organized crime, but also with the help of other criminal groups on the territory of other states; fifthly, it creates conditions for the appearance of extranational financial monopolies, the criminal activity of which is supported through quite complex mechanisms of commercial operations, through which the border between illegal and legal financial activity fades away» [2, P. 30-31].
The use of special knowledge during the use of polygraph raises many questions. It is correctly noted that «... The science of criminalistics does not exist separately from other sciences. The sciences closely interrelated with it include medicine, particularly physiology, which the work of polygraph is based on» [3, P. 21]. As K. A. Isaeva indicates, «... The other side of the practice of use of polygraph is forensic-physiological expertise. Thus, psychophysiological expertise with the use ofpolygraph was formed and is successfully applied in the modern forensic investigative practice in Russia. This type of expertise is appointed in the presence of irremovable contradictions in the testimonies of the participants of the process (witnesses, victims, accused, suspects) or in the event of a contradiction between the testimonies and other evidence in the case» [3, P. 21]. At the same time, the author indicates that «... it is appropriate to remind that the main task of applied psycho-physiology, regardless the goals of its use, is always the evaluation of the importance of the studied stimuli (irritants), and its main tool is the measurement of psycho-physiological reactions arising in response to the presentation of stimuli» [3, P. 22].
Attention should be paid to statistical and mathematical studies that have gained traction in the recent years. The essence of these methods lies in the revealing and evaluation of the signs of any
objects with the presentation of final tables. In our opinion, these methods are applicable during the investigation of blackmail with the participation of OCG, where it is required to detect the illegal trafficking of securities, currency means etc. A group of expert studies with the use of neutron, spectral, laser analyzers, new electric-technical installations gained wide spread in separate CIS countries.
At modern stage, such non-traditional expert researches, which can be used in the investigation of an organized blackmail, are not less promising. They include photo and video fakes; study of a fake of tape-recorder sound records (based on the traces of joining the tape of tape-recorder carrier); dermatoglyphic examinations etc. It should be taken into account that blackmail can be accompanied with not only the use of psychological pressure on the victim, but also physical effect, as well as rape or taking the life of the victim or persons close to them (biological traces left at the scenes by the members of criminal formations). Thus, in this respect, it is important to use advanced medical developments and implement them into the practical activity of medicolegists.
Studying the given problem, a Kyrgyz scientist U.Sh. Erkin-baev writes justly: «... The results of examination of blood, discharges and other biological objects, which is conducted in Russia, Kazakhstan and Belarus, are often crucial in the establishment of the involvement of a person in the committed crime, investigation of circumstances and place of the accident, definition of crime instruments».
Based on the analysis of other sources, it follows that it is necessary to further develop such methods as examination of hair in order to define sex and age, detection ofvarious diseases and other forms of functional features of the man. In this respect, such scientists as R. S. Yusifli, N. A. Eiyubova, M. O. Bunyatov can be especially noted. V. N. Zvyagin, A. N. Karpunichev, G. A. Vedenyapin, G. V. Ananyev have contributed significantly to the production of forensic medical expertise, where, today, its scientific and technical base that doesn't provoke any doubts is formed.
Criminalistic explosion study, which plays a big role in the investigation of some crimes such as contracted murder, terrorism, blackmail etc., is not less current.
It is justly stated that «... a circle of questions solved by forensic explosive-technical expertise is wide. These questions can be divided into the following groups: related to the preparation of an explosion; related to the process of explosion; related to the explosive device; related to the occurred and possible consequences of the explosion» [4].
No one argues that «... one can judge about the commitment of a contracted murder according to some typical signs: on the assumption of the situation at the scene of accident; time when the crime was committed; method of murder; presence of signs of criminal-professional ways; establishment of the facts of threats towards the victim prior to their murder; establishment of the facts of interrelation of the victim with the criminal world» [5, P. 140]. Moreover, in this case, use of the explosive device for murder can certify about the contracted nature of crime.
The examinations in the sphere of forensic psychiatry and psychology, where the conduct of expertise for this category of cases is important, are the most difficult (it refers to both the participants of OCG and victims of the crime). Its results also affect the practice of conduct of investigative activities. As K. A. Isaeva emphasizes, «... the development of the methods of overcoming the conflict based on the modern psychological researches in this sphere is very necessary because the exclusion of the opportunity of counteraction to the process of investigation from the system of
established investigative situations can imply the one-sidedness of another nature. The presumption of conflict as well as the presumption of absence of conflict, which are not based on the diagnostics of real situations, arising in the process of investigation, can lead only to one-sidedness in obtaining, investigation and check of evidence. In the event of the presumption of absence of conflict, the investigator is left unarmed facing the situation when other participants of criminal court proceeding prevent the establishment of the objective truth in the criminal case» [6, P. 22].
The conduct of forensic psychiatric expertise of different participants of the process is equally important. For instance, many questions arise in respect of the underage and, provided correct interpretation of its system-based properties, one can see typical important features, the consideration of which affects the quality of the conduct of investigative actions. In this situation, it is justly stated that «... the role of forensic psychiatric expertise lies in the definition of psychiatric state of the underage. It should be taken into account that the defects in the psychic of the underage can be the results of both chronic disease, intellectual impairment and temporal disorder of mental activity. In this situation, there is a need to conduct a complex forensic psychological-psychiatric expertise, the main task of which is to define the level of psychical development as well as the solution of the issue about the age-related mental derangement of the teenager. The state of psychic of the underage is subject to changes and it is related to their constant development as well as psycho-physiological immaturity of the organism. Main psychical functions take place in the teenage years» [7, P. 93].
In this regard, we cannot not share the opinion ofV. V. Maltsev, who indicates that «... unfortunately, many non-traditional identification studies « suffer» from the uncertainty of decisions and their presumptive character. It speaks about the fact that the use of non-traditional methods of identification of expert examination should be performed in single cases and in the conditions of complete scientific proof to avoid the possibility of answers with the definition of equal type and kind groups. In this respect, we reckon it necessary to determine that when the investigator appoints a non-traditional identification expertise, they should first obtain the information in the consultation order from the respective specialist — expert about identification possibilities of the research» [8, P. 124].
At the same time, rights and freedoms of the personality should not be infringed as result of conducted studies. Undoubtedly, «... the globalization plays a big role against the backdrop of the developing processes and problems that are difficult to solve in the world, in the wake ofwhich there is a slow-down of the mechanisms ensuring the rights and freedoms of the personality. One cannot not notice the efforts of the CIS countries to take the care about personal im-
munity of the persons involved in the criminal court proceedings under special control. This is proved by the reformation approaches undertaken by the legislators of the specified states in this aspect» [9, P. 346]. In the unison with the above said, it should be noted that used methods should be applied provided the adherence to the conditions specified in the legislation.
Thus, it can be stated that the conclusion of the expert or specialist is a more appropriate variant of immense importance in the investigative activity of the investigator including the investigation and solving of organized crimes.
Based on the conducted research, the following positions should be outline:
1. The notion of spatial and internal relations of the object of investigation with the surrounding investigative environment (for instance, dropped notes, calls etc.) is formed at the very analytical stage, where general signs of searched objects of investigation, which can be expressed in its different combinations, are analyzed. At the second stage of the methods of comparison, the analysis and selection of quantitative and qualitative signs allowing both describing the essence and explaining the research object are performed. At the final stage of object research, firstly, the outlining of the most important signs is performed; secondly, the explanation of separate facts can be found, which are for some reason beyond the general picture of crime; thirdly, it provides grounds to set forth separate versions, including concerning the conditions and character of possible and occurred consequences as result of committed deed; fourthly, the synthesis of data obtained as result of examination of different objects by the specialists of different spheres of knowledge (for instance, materials of substances and items, forensic medicine, objects of phonoscopy, documentation management etc.) is performed.
2. Use of polygraph in the solving and investigation of organized crimes allows, from our point of view, solving the following criminalistic and diagnostic tasks: firstly — to evaluate possible participation of the suspected member of OCG as well as their accomplices in the preparation and commitment of crime; secondly — based on the psycho-physical reaction of the questioned person, to determine possible whereabouts of a kidnapped person, and, in some cases, place where the body is hidden, which is often accompanied with the commitment of considered event with the participation of OCG; thirdly — to establish the circle of persons possibly involved in or informed about committed crimes with the participation of OCG; fourthly — to evaluate the obtained information from the questioned persons in order to correct the investigative version on the investigated crime; fifthly — to conduct a diagnostics of authenticity of the obtained information for every separate circumstance of the event and for the accident in the whole.
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