Police activity - rubric Forensic activities and police work

Abstract: The research object is expert experiment as a method of scientific study and practical perception, and its importance for the formation of a theory of methods of forensic analysis within the general theory of forensics and authenticity of expert’s opinion. The author studies documentation of expert experiment and the problem of the influence of documentation techniques on the experiment results assessment and expert’s opinion. The article deals with the problem of assessment of the results of expert analysis and experiment by investigators and the court, and the specificity of using different forms and techniques of documenting the results of expert experiment. The research methodology is based on materialist dialectics and tre related general methods: formal-logical, comparative-legal, system-structural, statistical methods, generalization of expert practices, etc. The scientific novelty of the research consists in the fact that the present research is considered as a complex research of experiment in judicial expert practice. The aim of the research is to develop theoretical fundamentals which would organize knowledge about this method, and practical recommendations for raising the effectiveness of using its results in the activities of law-enforcement bodies.

Keywords: video recording, the evidential significance of the experiment, the truthfulness of the experiment, the combination form of fixation, methods of fixing the experiment, forms of fixing the experiment, methodology of expert experiment, expert experiment, 3D modeling, verbal form of fixation

DOI: 10.7256/2454-0692.2023.1.39281

Abstract: The article is devoted to the consideration of the qualifying signs of "hate speech" in the aspect of providing linguistic and forensic expertise in the field of Internet communication in order to ensure the legal and linguistic protection of national security, the constitutional order, public order, health and morality of the population. This concept – «hate speech» - is the subject of scientific discussions in various fields of science and practice: sociology, psychology, linguistics, theory of law, judicial practice. The article analyzes the positions of scientists in relation to the content of the concept of "hate speech". The classification of speech utterances containing signs of "hate speech" is given, which allows focusing the attention of experts - criminologists, conducting linguistic examination of statements in Internet communications, on soft forms of hate speech, the prevention of which is designed to ensure the prevention of crimes and offenses of an extremist orientation. The article also provides examples from the practice of conducting linguistic expertise, speech utterances in text files from an Internet resource.

Keywords: verbal aggression, information threat, internet communication, the language of enmity, enmity, hate, speech act, social group, verbal extremism, linguistic examination of statements

DOI: 10.7256/2454-0692.2017.3.21869

Abstract: The author considers such aspects as the use of information tracks for the investigation of cybercrimes; proposes a well-elaborated system of interaction and presentation of the information in a flow graph for further classification of cybercrimes. The research object is cybercrime, which can be seen in information tracks, and tactical and technical mechanisms of detection, storage and subtraction of information tracks. The research subject is the cybercrime patterns leaving information marks, and the activities of law enforcement agencies aimed at the detection, fixation and use of such tracks for investigation of crimes. Special attention is given to the new principle of systematization of codes characterizing cybercrimes on the basis of object decomposition. The author uses the principles of object decomposition for the systematization of ID codes characterizing cybercrimes. The research methodology has the following peculiarities: investigative activities aimed at the acquisition of primary information; typification of investigatory situations; detection of circumstances; development of investigatory programs; organization of preventive activities of investigators; tactics of investigatory and other actions. The author concludes that analysis, identification and classification of cybercrimes are among the main and the most difficult tasks due to the extending range of such crimes and constant development of the means of transmission and storage of information. It requires not only a special tactics of investigatory and organizational activities, but, first and utmost, special knowledge in the sphere of information technologies. All the codes, characterizing cybercrimes, have an identifier starting with “Q”. For the identification of crimes, codes in descending order of gravity of a crime can be used. The author proposes the object decomposition principle, based on ID codes decoding, the system of interaction, and the presentation of information in a flow graph for further visualization. It will help an expert to classify the committed cybercrime quickly and accurately and assign to it a certain code.

Keywords: system approach, system, codes, information tracks, Cybercrime, identification, systematization, object decomposition principle, classification, forensics and expertise

DOI: 10.7256/2454-0692.2017.3.21930

Abstract: The subject of this scientific research is the regularities of formation, collection and studying of traces of thefts in the sphere of information technologies. Thefts in the sphere of IT are a type of crimes encroaching on another’s property committed via using information technologies as means of theft. There are three types of thefts in the sphere of computer information: computer fraud, theft and embezzlement in the sphere of information technologies. Crime traces are formed in the process of committing of thefts in the sphere of information technologies. Thereby the purpose of the study is to develop a classification of traces of thefts in the sphere of information technologies based on the features of traces of computer fraud, theft and embezzlement. The author uses methods of theoretical and practical levels: the method of analogy, comparison, measurement, the method of microscopic examination, and the methods of forensic science. The author formulates the groups of traces in the sphere of information technologies, describes the features of traces of certain types of thefts. The first group of traces represents the changes in the familiar environment: a mechanical damage caused by using technical devices in the process of committing a crime, fingerprints, etc. And the second group of traces represents the changes in the information environment, the sphere of information technologies: traces of creating, copying and modifying, removing and sending data, using computer program, computer virus, electronic document and electronic digital signature. The results can be used for the formulation of recommendations for the investigation of thefts in the sphere of information technologies and other crimes committed via computer programs and technical devices in this sphere.

Keywords: traces of mechanical impact, types of traces, traces of thefts, embezzlement, theft, computer fraud, thefts, information technologies, changes in the information environment, electronic storage device

DOI: 10.7256/2454-0692.2022.6.39178

Abstract: The article is devoted to the problem of diagnosing the form of statements in the production of forensic linguistic expertise in cases of threat. In linguocriminalism, an expert philologist has to meet with examples when, in the context of a threat, it turns into a speech utterance containing advice, recommendation, warning. The purpose of the study is to reveal the lexical and grammatical features of verbal threat markers in SMS texts and cases of their neutralization by a speech act of the council. The article considers a number of social, communicative, linguistic factors associated with verbal threat. The reason for writing the article was the lack of a unified approach in the expert community to solving the main tasks of this kind of expertise. Conducting an examination in cases of insult has traditionally assumed the solution of two tasks: 1) establishing signs of verbal aggression in a statement addressed to a person; 2) determining the form of the statement – a threat, a warning, a recommendation.

Keywords: lexical and grammatical threat markers, speech behavior, culture of speech, conflict discourse, speech interaction, linguistic expertise, verbal aggression, conflict situations, speech genre, menace

DOI: 10.7256/2454-0692.2017.3.22609

Abstract: The subject of the study is the set of different approaches of forensic science to the definition of a concept of "criminalistic support for the investigation of crimes", to its essence and significance from the scientific and practical point of view, as well as the relationship of this concept with the methods of scientific knowledge and criminalistics.The object of the study is the emergence, formation and development of the scientific category of "criminalistic support for the investigation of crimes." The author considers the possibilities to solve the legal, organizational, scientific-methodological and scientific-technical issues, which form the basis of criminalistic support. The methodological basis of the research is the dialectical-materialistic method of scientific cognition, general scientific methods of cognition (analysis, synthesis, comparison, the system-structural and logical methods), special juridical instruments and methods of cognition guaranteeing the completeness and comprehensiveness of the study of criminalistic support for investigation of crimes as a scientific category. The novelty of the study is determined by the fact that the author substantiates the relevance and expediency, reveals the essence of criminal investigation of crimes, acquires new information and formulates the conclusion about the scientific category of forensic support for investigation of car thefts as a method of forensic science. The author offers his own definition of a car theft.

Keywords: Forensic knowledge, Forensics' functions, Car theft, Forensic support, investigation of crimes, Forensic method, method, Criminology, Introduction, Scientific category

DOI: 10.7256/2454-0692.2020.5.33450

Abstract: Currently, bows along with other types of throwing weapons are often dealt with in the work of forensic departments of the Ministry of Internal Affairs as objects of forensic processing. Recently, the law has defined the guidelines of forensic processing of objects in terms of their belonging to such a class of throwing weapons as bows, but at the same time, there’s no unified procedure of marking the processed objects. The research subject is various types and the features of construction of bows, the problems of legislative regulation of bows circulation, and the urgent problems of forensic processing of bows. The popularisation of archery and the growth of the number of bows owners in society, as well as the accessibility of bows have defined the necessity to regulate bows circulation. However, despite the 2020 changes in certain legislative documents, many crucial issues of bows using haven’t been settled. The authors consider some topical and unsolved problems of forensic processing of bows and formulate the conclusions about throwing weapons marking using technical means, the rules of licensing, storage and circulation of bows. The authors consider the rules of forensic processing of bows as cold and throwing weapons.

Keywords: bowstring, archery, arme blanche, block bow, expertise, metal weapons, classic bow, bow, lever, shoulders

Abstract: the article explains the issues in resistance to crime detection both of inner and outer nature, draws attention to the methods of resistance to crime detection, as well as suggestions are made in relation to how to cut expenses in resistance to crime detection and crime investigation.

Keywords: crime, resistance, method, tactics, forensic means, felony, factors, trace, cover-up, investigation

Abstract: the article contains data collected in the analysis of police institutes and translators in Russia and in developed foreign countries. Legislation allows hiring any person who has sufficient competence in a foreign language as a translator. Traditionally in foreign countries sworn translators and other licensed and accredited translators work, and their taking part in the proceedings is not obligatory. Recently there have been known examples of sabotage of independent sworn translators and agencies against cases of outsourcing by authorities whose goal is to cut budget costs. World sphere of foreign languages is not homogeneous and is constantly changing, which seriously prevents from training of specialists among police translators. The author insists on further development of forensic translation agencies which already function in the Russian Federation and improving their cooperation with police and restrain from simultaneous adaptation of experience of foreign countries. The author suggests criteria of measuring competence of translators.

Keywords: police translation, forensic translation, sworn translators, competence of translators, reasonable proficiency of translators, judicial translation agencies, sphere of foreign languages, criminal migration.

DOI: 10.7256/2454-0692.2016.1.17266

Abstract: The author of the article considers the problems of law-enforcement agencies’ readiness to reveal, fix, and investigate new socially dangerous acts in the Internet cloud services. In the conditions of information society, IT play special role, along with information systems and telecommunication networks, including the Internet. They give the opportunity to create, store, process, and share the information on corporative, state, and international scale using cloud computing. The author emphasizes that cloud providers, interacting with cloud clients, get access to all the data of their clients, and, taking into account the complexity of technological processes and geographical position of cloud providers, can complicate the work of law-enforcement agencies, directed at detection, seizure, and preservation of information traces within procedural actions. In times of dynamic changes, the state needs increasing the quantum leap in scientific research, which is possible in terms of a new concept of scientific research; empirical model and rationalist doctrine of epistemology should be dynamically renewed. In the conclusion the author outlines the weakest points in fighting against new socially dangerous acts. It is supposed that, due to the spread of cloud computing, criminal activity will intensify. The author is convinced that the results of scientific research of criminal essence of socially dangerous acts and their testing in practice, using the modern technical and criminalistical means, will promote the prevention and effective investigation of crimes in the sphere of cloud computing.

DOI: 10.7256/2454-0692.2016.1.67397

Keywords: Law, definitions, evidence, Internet, cloud service, cloud computing, criminalistics, information trace, investigation, standard

Abstract: the article describes development issues of the informative subjective depictions for the purposes of search of the criminal and determination of the people who committed crimes. The author estimates the background of the usage of the anthropologic approach for subjective modeling of the exterior of the person, suggests anthropologic approaches within the framework of information increase of the subjective portraits.

Keywords: subjective portrait, anthropologic approach, exterior of the person, forensics, criminalistics expert examination.

DOI: 10.7256/2454-0692.2016.1.17689

Abstract: The authors consider scientific studies and expert practice on the problems of expert mistakes and their solution. The authors pay attention to expert’s competence and expert’s initiative, expert’s report about the questions, which can be solved without special knowledge. The expert has touched upon legal issues and based his conclusions not on the results of the study, but on the materials of the case. The analysis of the current condition allows concluding that expert mistakes should be considered in terms of particular expert situations. The study had been carried out in the period from 2000 till 2015. The authors analyze theoretical and empirical researches of other authors. The research methodology is based on the analysis of statutory acts, the doctrine and the practice of expertise. Significant attention is paid to the method of interpretation. The authors conclude that in cases when the expert falls beyond his competence, touches the issues of legal nature, provides opinion on the questions which can be solved without special knowledge, substantiates his opinion by the materials of the case, without considering particular expert situations, his opinion should not be considered as an expert mistake.

DOI: 10.7256/2454-0692.2016.1.67398

Keywords: expert situation, special knowledge, questions, initiative, expert competence, types of mistakes, expert mistake, investigator, method, conclusion

Abstract: one of the topical directions in the development of the theory of the forensic science and legal expertise is a research of the complex approach to the person as an object of forensic knowledge including all his characteristics and displays which are important for the person’s identification as well as to make a universal methodological approach to the study of the man based on the investigation experience and crime detection.

Keywords: physical appearance of the person, subjective description, identification of a person by physical appearance of a person, appearance study.

DOI: 10.7256/2454-0692.2016.2.18042

Abstract: The research object is investigation and detection of crimes committed in the sphere of information and telecommunication technologies. The research subject includes the main features of computer information as an object of forensic processing. The author analyzes the concepts of the nature of computer information and the process of its generating, and enumerates the main forms of its presenting. The author outlines the methods of work with computer information and traces of cybercrimes. Computer information as an object of forensic processing is considered as an object of criminal infringement, an instrument of crime, an evidence, and one of the forms of traces of cybercrimes. The author applies general and specific scientific research methods, including analogy, deduction, comparison, the system analysis, and the methods of formal logic, prognostication, and the interparadigmatic approach. Forensic processing of computer information is provided in the subsection of digital forensic services and the section of criminal investigation technique. At the same time, computer information and technologies are applied in other branches of the science: its fundamentals, tactics, and methodology. Thus the scientific novelty of the research lies in the conclusion about the need for a theoretical explanation and consolidation of application of information technologies in the process of detection and investigation of crimes, in other words, empirical knowledge, as the fundamentals of forensic processing of computer information. The author formulates the concepts of information in the sphere of telecommunication technologies, and the traces of crimes in the sphere of computer information. The author suggests the directions of development of forensic instruments used in the process of investigation and detection of cybercrimes. The research results can be applied for forming the theory of criminalistics, in investigation and detection of crimes and forensic expertise in the sphere of computer information, for teaching students, undergraduates and postgraduates in the criminalistics discipline.

DOI: 10.7256/2454-0692.2016.2.67482

Keywords: informatsionnye telekommunikatsionnye tekhnologii, tekhniko-kriminalisticheskie sredstva, sledy kiberprestuplenii, rassledovanie, kiberneticheskii metod, forma predstavleniya informatsii, kriminalisticheskoe issledovanie

DOI: 10.7256/2454-0692.2016.3.18372

Abstract: The authors consider disputable questions about the subject of the science of criminalistics. The paper contains a brief analysis of the scholars’ positions on the notion of the “subject” of this science, and of the masters and bachelors of criminalistics education in the contemporary Russian Federation. The processes taking place in criminal and criminal procedural legislation need for a comprehension; they are important for criminalistics as far as they affect its subject. The research methodology is based on the analysis of the existing views of the concept of the “subject” of criminalistics in the historical development. The novelty of the study lies in the discussion about the scientific role of or a common sense theory in criminalistics. Criminalistics as a science is aimed at elaboration and systematization of objective knowledge about the laws of emergence, detection, research, evaluation and use of the factual data (traces) about the mechanism of a crime and its participants.

Keywords: investigation, information, study of traces, evidence, research, education system, knowledge, competences, criminal activity, subject of criminalistics

DOI: 10.7256/2454-0692.2016.3.67716

Keywords: investigation, information, study of traces, evidence, research, education system, knowledge, competences, criminal activity, subject of criminalistics

DOI: 10.7256/2454-0692.2016.3.18655

Abstract: The research subject includes the modern methods of forensic enquiry. The research object is forensic enquiry. The author considers such aspects as the modern methodology of expert studies and the differentiation of the levels of expert knowledge. The author points out the ways to solve methodological problems connected with a diversity of forensic expertise, taking into account that each expertise is a part of a corresponding science, and the forensic expertise classes are defined on the base of the sciences differentiation. The paper differentiates the levels of methodology of forensic expertise: the philosophical, including the general principles of cognition and the categorial structure; the general scientific principles and forms of study, formal theories of methodology, and the scientific methodology as a set of methods, approaches and search procedures applied in criminalistics; the last level of methodology includes the very methods and techniques of study including the set of procedures ensuring the comparability and validity of empiric materials, their processing and registering in the common knowledge. The research methodology is based on the doctrinal sources of the Soviet and the modern periods from the position of the general methodology of the theory of law and criminalistics. The author reveals the analogy with general scientific approaches with the following sequence: philosophical methodology, methods and techniques of expertise. The paper contains the author’s vision of the methodology of forensic expertise as a scientific doctrine of methods, instruments, structure and logical organization of expertise. The novelty of the study lies in the ranking of subject methods of forensic expertise which lie on another specific level of methodological knowledge – the level of research methods and techniques. The paper contains the comparison of the system of scientific methods of forensic expertise.

Keywords: forensic expertise, theory of expertise, forensic expert, forensic, research, group of methods, criminalistics, expertise methods, expert activity, expertise

DOI: 10.7256/2454-0692.2016.3.67717

Keywords: forensic expertise, theory of expertise, forensic expert, forensic, research, group of methods, criminalistics, expertise methods, expert activity, expertise

DOI: 10.7256/2454-0692.2016.4.17312

Abstract: The research subject is the range of tactical and criminalistic issues of investigating action provided by the article 186.1 of the Criminal Code of the Russian Federation “Acquisition of information about the connections between subscribers and (or) subscriber devices”. The author considers the tactics and the legal nature of acquisition of information about the connections between subscribers and (or) subscriber devices. Besides, the paper studies certain aspects of interaction of the parties of criminal procedure (prosecutor, court and investigator) and other subjects of criminal procedure. The author applies the set of general and special scientific methods including the normative-legal method, the system method, analysis, synthesis, deduction, induction and others. The scientific novelty of the study is conditioned by the fact that acquisition of information about the connections between subscribers and (or) subscriber devices has been included in the criminal code not long ago, therefore, at present there is no common opinion about the tactics of its implementation. Besides, some problems of its legal nature haven’t been solved yet, leading to difficulties in its application.

Keywords: communications provider , technical means, investigating action, technical recommendations, investigator, mobile communications, information about connections, detailing , subscriber device, subscriber

DOI: 10.7256/2454-0692.2016.4.67968