02 февраля 2016г.
Forensic investigation of the problem of combating transnational crimes is quite topical nowadays. The modern period of combatting transnational crime is characterized by changes in the methodology of knowledge of criminal acts, departure from the usual category of “criminological characteristics of crimes” and transition to the category of “characteristics of criminal activity”. Transnational organized crime is diverse (human trafficking, illicit trafficking in arms and drugs, etc.). To combat this complex phenomenon it is necessary to coordinate the international cooperation of law enforcement agencies. However, this process may have a number of problems that hinder the establishment of contacts between the states (pursuit of globalization, different legal systems in various countries, corruption, lack of identity of laws, etc.).
International cooperation in combating transnational crime should be based on certain principles, which are both theoretical and practical. Therefore, you need to streamline and standardize the definitions of terms transnational crime, cross-border crime, crime of an international character. States should abandon hiding their criminals, which implies improving the institution of extradition. Along with the development of international cooperation in crime investigation, it is necessary to improve the national criminal legislation to clarify and expand the legal prohibitions on the commission of acts of a transnational nature. Legislative prohibition means:
1) consolidation of identical standards in the national legislation of the states;
2) the obligation of the states to prosecute the perpetrators;
3) the adoption of legislation and other measures necessary to establish criminal liability;
4) strengthening and expanding coordination and cooperation among states in combating transnational crimes;
5) encouraging of cooperation of law enforcement bodies.
Legislative prohibition is the most common method of combating crime, but it is not enough. One must create a regulatory framework, which would reflect the special techniques of investigation of transnational crime (investigative techniques, methods of separate investigation, forensic methods of work with the evidence, new methods of using forensic registration and modeling of the external appearance of person, etc.).
After the fact of the transnational crime, the investigator primarily refers to the experience gained form forensic and investigative practice and to recommendations reflected in the method of investigation a certain type of transnational crime. The methodology establishes the tasks the investigator must solve and decides what consequence must be established and what objective and subjective sides charactering the crime must be taken into consideration to plan the investigation carefully.
Very often, the investigator has not sufficient materials and can begin drawing up a detailed plan of the investigation. First, it is necessary to carry out initial investigations. The production of these actions should also be planned. Such a plan is the first stage of planning, and the initial investigation is the first step in the investigation of crimes. The initial stage of planning is aimed at establishing the limits of the investigation. In developing the plan, the investigator should primarily focus on clarifying the circumstances of the criminal events, characteristics of which are provided for in the Criminal Code of the RF [2] and the criminal law of the country whose interests are affected.
The law regulates the procedural forms of obtaining evidence, but it does not clarify the content of the investigative techniques. The RF Criminal Procedure Code permits the use of some models such as casts, analogous objects, pictures, photographs, films, plans, diagrams, phonograms, computer storage media (Art. 8, Art. 166 of the Criminal Procedure Code) [1]. When planning the use of models in the investigation of transnational crime investigators need to pay attention to the admissibility of usage of such models in the criminal trials of countries affected by the offense. When investigating transnational crimes, investigators apply all kinds of simulations. The most effective of them is the creation of graphics and information models, such as the models of transnational organized criminal groups and transnational criminal activities, the time factor, proof system, known episodes of transnational criminal activity, making strategic and tactical decisions, mapping criminogenic areas (alleged location of transnational organized criminal groups in the areas where transnational crimes were disclosed).
In the simulation of transnational organized criminal groups and transnational criminal activities of the investigator must be a systematic approach that allows an investigator to explore the objects as complex systems to have a deeper understanding of their structure. It is necessary to take into account the fact that these systems are not only complex but also dynamic. Such an approach will highlight the modeling of the known episodes of transnational criminal activities and perspectives of modeling criminal activities of transnational organized criminal groups as a whole.
The prediction method in the investigation of transnational crime is the method of forecasting long-term transformation of the criminal and forensic situations in transnational situations, and of the propagation of the negative consequences of the criminal activity in the regions previously not covered by it. These situations include proliferation of illicit trafficking (narcotics and psychotropic substances, weapons, people, etc.). The method is used in conjunction with the graphical modeling.
Reflection method is used by investigators during the entire investigation process. Investigator puts himself in the place of the members of the investigative action. However, because of the transnational nature of the crimes under discussion, investigators must know the methods developed in foreign states. In the US, for example, reflection is used during interrogation in the form of a cognitive interview. Cognitive interview consists of four consecutive steps:
1) mental and verbal recreation of the whole picture of what happened events;
2) a detailed description of the circumstances of the event;
3) interrogation of witnesses;
4) change of perspective (description of the events from the perspective of another person, who was present with him at the crime) [3 : 25].
Programming investigation of transnational crimes. Speaking about the program, we mean the creation of a flexible system of optimal tactical guidelines to achieve the strategic goals of the investigator in crime detection. Sometimes the program of investigation is mistakenly identified as planned investigation. In contrast to the standard program of the investigation plan, it is a flexible description of the possible options of forensic activities. In addition, the program is developed for a class of similar criminal cases. The role of the program is improving the efficiency of planning. As well as planning, programming can be used not only for programming a criminal investigation as a whole, but also for creating model programs of investigative actions. It is also possible to program an international investigative activities of the investigator. Programming investigation of transnational crime involves the development of a wide range of algorithms of actions of the investigator. Such programming includes the development of:
1) the general program of transnational crime investigation;
2) the program of investigation of certain types (groups) of transnational crimes;
3) the program of the investigation of transnational criminal activities of transnational organized criminal groups;
4) investigation program for individual typical transnational situations;
5) a complex program of investigative actions;
6) implementation of the program of individual investigative actions;
7) performance program of individual elements of the investigation.
Thus, during the investigation of transnational crimes investigator must take into account their specific character and be able to modify existing investigative techniques in relation to this category of crime.
List of references
1. Уголовно-процессуальный кодекс Российской Федерации от 18.12.2001. № 174-ФЗ (ред. от 05.05.2014) // Собрание законодательства Российской Федерации. № 52. Ч. I. Ст. 4921.
2. Уголовный кодекс Российской Федерации" от 13.06.1996 N 63-ФЗ (ред. от 13.07.2015, с изм. от 16.07.2015, с изм. и доп., вступ. в силу с 25.07.2015) // Собрание законодательства Российской Федерации. № 25. Ст. 2954.
3. Хижняк Д.С. Проблемы внедрения когнитивного интервью в отечественную практику расследования // Следователь. 2004. № 4 (72). С. 25.
