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Post-Criminal Behaviour Beginning and Its Influence on the Initial Stage of Investigative Situation of Grave and Especially Grave Crimes

https://doi.org/10.23947/2949-1843-2024-2-2-38-45

EDN: JINGFP

Abstract

Introduction. The expedient and ongoing development of the forensic science is explained by the various geopolitical, economic and social conditions of the progress taking place in the Russian Federation and our society, as well as by transformation of the phenomena, processes and events referring to the crime and combating thereof. Any criminal activity is inevitably followed by the post-criminal behaviour of the persons related to the event of crime and its investigation. It has been acknowledged that within four – five years period, on average, every fifth citizen of the Russian Federation encounters and acts in the criminal and post-criminal reality. The statistical data and specially elaborated author’s own analysis conducted in the empirical part of the research have revealed the mutual penetration and the existing latent regularities and patterns. The current state of combating the crime is characterised by the increase of grave and especially grave crimes, latency, post-criminal subsequence, recidivism and high rates of unsolved crimes. On the one hand, there take place the digitalization of crime methods and/or their replication from abroad, there emerge the new ways of crime concealment and counteracting the investigation thereof, and, on the other hand, there go on the systemic changes in the criminal law, criminal procedure legislation, which result in existing shortcomings and arising need of the law enforcement authorities for criminalistic support at the beginning of investigation. The above circumstances have determined the choice of the topic of the article, which is subordinate to the aim of studying the logical influence of the beginning of the post-criminal behaviour of the persons on the content of the initial investigative situations.

Materials and Methods. The longitudinal study was conducted using the systemic, situational and activity-based approaches. The program of the conducted research involved the scientific method of repeated observation over the criminal and post-criminal reality. While distinguishing the problem, a comparative analysis of the official statistical data for the last five years and scientific and thematic analysis of the forensic and specialised literature were carried out. To identify the influence of the post-criminal behaviour beginning on the initial situation, the mathematical methods of analysis of the obtained patterns and relationships were used based on the author's developed program of studying the criminal cases, along with the probability theory methods, modeling theory and a number of other methods.

Results. The article presents the results of the analytical work (carried out within the period of 2020-2024), formulates the conclusions and suggestions. The influence of the post-criminal behaviour beginning on the initial investigative situation of grave and especially grave crimes was revealed and proved, the previously established interrelation between the crime gravity and post-criminal counteraction to the investigation was confirmed, the features of the post-criminal behaviour of the certain participants related to the event of crime were studied, the influence of the criminal activity organisation degree on the content of the post-criminal counteraction, assistance or behavioural evidences was analysed.

Discussion and Conclusion. It was found that in the period of 2020–2024 the number of concealment methods of grave and especially grave crimes tends to increase among the subjects of crime. This was most prominently manifested in the cases of crimes committed by a group of persons, which led to determining the majority of the initial stages of investigative situations as unfavourable and conflict. The forensic knowledge acquired upon the research can be used not only by the forensic scientists for elaborating the certain methods of investigating the grave and especially grave crimes, but also by the investigators for assessing and investigating the initial stages of the investigative situations of such crimes. The initial investigative situation is a situation, when the investigation of grave or especially grave crimes begins, it represents an extrapolation of the contradictions between the qualitative criteria facilitating the investigation and quantitative combinations of the investigation counteraction or the behavioural evidences of the participants related to the event of crime. The post-criminal behaviour of the persons related to the event of crime is directly connected to the mechanism of committing the grave and especially grave crime, to the characteristics of the personality of a certain subject of crime.

About the Author

A. S. Andreev
Don State Technical University
Russian Federation

Alexander S. Andreev, Dr.Sci. (Law), Associate Professor, Professor of the Criminal Law and Public Law Disciplines Department,

1, Gagarin Sq., Rostov-on-Don, 344003.

ScopusID: 56719108900.



References

1. Isra S, Yuliandri, Amsari F, Tegnan H. Obstruction of Justice in the Effort to Eradicate Corruption in Indonesia. International Journal of Law, Crime and Justice. 2017;(51):72–83. https://doi.org/10.1016/j.ijlcj.2017.07.001

2. Andreev AS. Post-Criminal Activity as an Object of Knowledge in Criminology and the Practice of Crime Investigation. Dr.Sci. (Law) Dissertation. Rostov-on-Don; 2021. 654 p. (In Russ.).

3. Andreev AS. A False Alibi as a Component of Criminal Activity and Post-Criminal Behavior of the Participants of the Investigation and Assize. Journal of Advanced Research in Law and Economics. 2014;5(2):57–62.

4. Namnyaseva VV. Concerning Qualification of Self-Incrimination. Theory and Practice of Social Development. 2014;(11):158–160. (In Russ.).

5. Vardanyan AV, Foygel EI. Some Aspects of the Forensic Study of an Underage Victim’s Personality in Crimes Against Sexual Freedom and Integrity. Russian Journal of Criminology. 2023;17(3):263–272. (In Russ.).

6. Vardanyan AV. The Problem of Systematization of Digital Methods of Operational Investigative Activities Used in the Fight against Remote Embezzlement and Their Forensic Significance. Yurist”-Pravoved”. 2022;(2(101)):7–13. (In Russ.).

7. Vardanyan AV, Makarenko IA. Discrediting the Subjects of Crime Disclosure and Investigation and the Criminalistic Methods of Neutralizing It. Russian Journal of Criminology. 2022;16(5):638–645. (In Russ.).

8. Lavrov VP. Features of the Investigation of Unsolved Crimes of the Past Years. Moscow: Higher School of the Ministry of Internal Affairs of the USSR Publishing House; 1972. 87 p. (In Russ.).

9. Investigation of Crimes. Work of the Police: A Handbook on the Assessment of Criminal Justice. Vol. 2. In: Proceedings of the United Nations Office on Drugs and Crime. New York: UN; 2010. 39 p. (In Russ.).

10. Aristarkhova TA. Conceal the Traces and Other Forms of Counteraction to Investigation of Extremist Crimes Against Rights and Legitimate Interests of Citizens. Izvestiya Tula State University. Economic and Legal Sciences. 2015;(1–2):24–30. (In Russ.).

11. Bibikov AA. Impact on Participants in the Criminal Process and Evasion of Participants of Criminal Procedure from Participating in Its Production as Forms of Counteraction to Investigation of Crimes Related to Violation of Traffic Rules and Operation of Vehicles. Izvestiya Tula State University. Economic and Legal Sciences. 2017;(1–2):38–46. (In Russ.).


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For citations:


Andreev A.S. Post-Criminal Behaviour Beginning and Its Influence on the Initial Stage of Investigative Situation of Grave and Especially Grave Crimes. Legal Order and Legal Values. 2024;2(2):38-45. (In Russ.) https://doi.org/10.23947/2949-1843-2024-2-2-38-45. EDN: JINGFP

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