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August 15, 2019


August 15, 2019


August 15, 2019


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The concept of planning and organization investigation

organization investigation

organization investigation

The investigation of crimes, as well as throughout the criminal justice process, peculiar organizational, planning principle. Planning the investigation is not confined to drawing up the plan, which is only the outward expression of this process, completion and in most cases in written form some stage of planning. Contents of planning is much broader and is an organizational and creative side of the investigators, starting from the beginning of the investigation and continued to the end. It involves: a) build versions: b) determination arising from the review of all versions of the circumstances and the issues to be clarified; c) determination of investigative actions, the operational-search and other screening and preventive measures necessary for the study put forward versions, clarify issues arising from them, the establishment of the subject of proof in the case and other tasks of the investigation; d) identification of specific performers scheduled events, timing and sequence of their execution. All elements of the plan are given concrete expression in terms of the investigation of the case. The organization of the investigation – a broader concept than planning. Organize an investigation – this means:

– Develop a coordinated plan in advance of the investigation;

– Establish appropriate interaction in the process of investigation between the investigator, operational staff, specialists, enforcement agents and representatives of the public, through the participation in the investigation;

– To ensure competent management investigative team, if established to work on the criminal case:

– Clear division of responsibilities between the members of the group:

– Organize regular operational meetings investigation group with a discussion of the results of the investigation and immediate tasks: – to establish a systematic exchange of information between participants in the investigation group;

– Plan the work of the investigator with all criminal cases, both are in his production schedule to make it work:

– Provide technical equipment and the necessary operating conditions of the investigator;

– Pick up and examine the need for regulatory material (relevant orders, instructions, regulations, rules, and so on. D.), Which is required in the investigation of the case;

– To take measures to ensure that the inadmissibility of disclosure of preliminary investigation data and methods of operational and investigative activities:

– Carry out other structural arrangements necessary for the success of the case. The complex arrangements in a criminal case should be strictly defined, specific, designed in every detail. An important element of the organization of the investigation is a clear co-operation between the investigator and operative-search devices, forensic services, regulatory authorities and the public. The combination of investigative actions with operational-search activities is one of the important conditions for improving the quality of the investigation of crimes. This requires a close business contacts in the investigator and search system. The establishment of such a contact is facilitated when the investigation is conducted by investigators of the Ministry of Interior and Counterintelligence Service, as between their investigation and search units there is no departmental barriers, these bodies themselves investigators familiar with the basics of operational-investigative activity, and may be shared with operational staff to elaborate plans for search operations on the criminal case under investigation. Equally clear interaction of investigative and operational staff must be provided in cases where the investigation is conducted by investigators prosecutors. And in these cases it is necessary to specifically been allocated operational employee (or group of employees if it is necessary for the investigation of complex criminal case), which would bear personal responsibility for the disclosure of the crime. When the brigade method of investigation is appropriate to include in the investigation group required number of operatives who would together with the investigators, using specific methods of its activities, guided joint concerted efforts for the successful solution of common problems. Genuine business contact in investigator and operative officer, ensure a successful combination of investigation and search operations in the investigation of crime requires a clear separation of powers of the investigator and operative officer. Their interaction is carried out in various forms: the departure of the investigator and operative officer on the scene to work together to identify and retain traces of the crime, search and arrest the offender: joint participation in the development plan of the investigation of the case and plans of some of the most complex operations and search operations; systematic mutual information about newly acquired data concerning the circumstances of the offense under investigation and the person who committed it. Dedicated to participate in the investigation of operational staff and forensic units should actively use their specific tools and methods for the full and rapid detection of crime, clearly and in a timely manner to carry out orders and instructions of the investigator on the production and investigative actions. They are obliged to immediately notify the investigator and prosecutor about the detected crime in cases where the production of the investigation is a must: take urgent measures to protect the scene, identifying and securing of evidence, search for offenders on “hot” should be the implementation and other urgent investigative actions and operational-search activities: to provide scientific and technical assistance in identifying and fixing traces of a crime; promptly inform the investigator of the newly acquired operational-search data for use in the preparation and conduct of investigative actions on the case. The investigator, in turn, providing a combination of investigation and search operations should be made aware of the relevant operational staff on the results of the investigation plan, a newly obtained during the investigation of data that can be used to organize the successful implementation of search operations; timely and concrete form to give operational instructions to workers to conduct the necessary measures to ascertain the identity of the suspect (the accused), his relations, lifestyle, behavior at work and at home, identify witnesses and other witnesses of crime, and so on. etc .: inviting operatives to participation in the preparation and conduct of the detention or arrest of the accused (suspect), searches and other activities related to the risk of resistance to the offender, his escape or suicide and destruction of evidence: invite operatives to attend meetings of the investigators leading the investigation of the case, the discussion of the causes and conditions conducive to the commission of a crime, and preventive measures, taking into account the planned investigation materials. The combination of investigative and search operations to facilitate the timely prevention of imminent crimes. Investigators and operational staff can provide great assistance to each other, revealing information that could be used in the investigation. For this kind of data can be classified information about preparing crimes, methods and instruments of their commission identified victims of criminal assault, methods of camouflage, concealment methods traces of the crime, the device caches the alleged ground of illegal gatherings, ways of communication between the partners, the facts characterizing mentally unstable persons showing a tendency to commit crimes, and many other details that do not relate to the composition of the offense under investigation, but it can be successfully used in the organization of search operations. Approach for advancing the investigation should be situational. Given the typical investigative situations can determine types of complexes arrangements for different types (groups) crimes. If necessary (given the number of suspects, crime mnogoepizodnosti and scope of the work on the case) is created investigative team, which, after the tasks, “rapid response team” takes on her case to its production and make a preliminary inquiry. As in the “rapid response team” and the investigation group are representatives of several operational services (investigators, operational staff, specialists, experts, and others.), Especially becomes important organization of interaction between group members, as well as between the group and search territorial divisions of the Interior and counterintelligence Service, prosecutors, expert institutions and regulatory bodies. Bodies of inquiry and preliminary investigation in their practice should maintain close contact with the public, constantly rely on her help in the fight against crime. In practice, the investigative assistance of the public is mainly used for: a) the detection and suppression of crime; b) the identification of persons suspected of committing crimes: a) Investigation and arrest criminals; d) Investigation instruments of crime and other physical evidence: e) identify witnesses; e) preparation for the production of certain investigative actions (examination, search, investigative experiment, identification parade, check readings on the spot); g) identifying and removing the causes and conditions that contributed to the commission of crimes. Using the public’s help in solving crimes, you must meet certain conditions: to involve members of the public to participate in solving crimes is strictly voluntary and provide for their personal safety, do not give them the rights that the law has only the investigator or the person conducting the inquiry, do not use the services interested in the outcome of the case of persons to prevent premature publicity preliminary investigation data. It is unacceptable to shift to the members of the public functions of inquiry and preliminary investigation, charging them to the questioning of witnesses and the production performance of other investigative actions. Audit Office (departments), financial authorities can conduct audits on the decision of the investigator, inventory, audit of financial and economic activity of enterprises and institutions to check the status of registration and storage of inventory, raw materials and finished products, the legality of monetary transactions, and so on. d. The supervisory authorities to help the investigator in the preparation of legal expertise, selection of experienced experts, as well as the allocation of staff to participate in the production of examinations and other investigative activities. Representatives of the regulatory bodies involved in the ongoing investigator preliminary checks of reported crimes involved as specialists and experts in criminal cases, provide advice on matters related to their specialty. A very important role played by regulatory authorities in identifying the causes and conditions that contributed to the commission of crimes and implementation of preventive measures for the investigation. They help to properly assess the main direction of these events, their content, as appropriate directly involved in their implementation. In recent years, the problem of interaction in the process of investigating crimes acquired interstate nature.

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