Current Situation of Illegal Usage of Special Expertise while Investigating Thefts
Abstract
The author of the article has studied regulatory legal acts of Ukraine that regulate the usage of special expertise while investigating secret theft of another’s property. The concepts of “an expert”, “a specialist”, “a forensic inspector” have been revealed. The role of a specialist and an expert during the pre-trial investigation has been reflected. The author has analyzed the necessity of involving persons with special expertise during the conduction of the crime scene search in criminal proceedings on the fact of thefts. The functions of the forensic inspector while conducting the crime scene search have been considered. The author has revealed the essence of expert research conducted during the the crime scene search to investigate the secret theft of another’s property. Besides, the author has distinguished specific features of conducting the expert study of individual objects of the material situation at the crime scene and the expert study of the crime scene in the whole. The relevance of trasological research during the investigation of thefts on railway transport has been highlighted. Specific features of fingerprinting of victims during the investigation of thefts of personal property on railway transport have been provided. A number of examinations have been identified that can improve the investigation of thefts from vehicle. The author has analyzed the importance of interaction between the investigator and persons with special expertise during the investigation of thefts committed on the territory of horticultural associations and country house cooperatives. The need to conduct the crime scene search after the report of pickpocketing or attempted pickpocket has been revealed. The relevance of using special expertise while investigating pickpocketing has been highlighted. The research on the involvement of specialists while conducting examinations, searches in criminal proceedings on the fact of burglaries has been analyzed. The emphasis has been placed on the objects that should be initially examined during the investigation of the secret theft of someone else’s property, combined with the penetration into the premises. The importance of involving experts and specialists while preparing and conducting an investigative experiment has been studied. The necessity of appointing a commodity examination during the pre-trial investigation by the fact of the secret theft of someone else’s property has been revealed. The author has highlighted the role of a psychologist, teacher, physician as persons with special expertise.
Downloads
References
Volobuiev A.F., Oderii O.V., Stepaniuk R.L. et al., 2018. Criminalistics [Kryminalistyka]: in 2 vols. Vol. 2. Kharkiv: Kharkivskyi natsionalnyi universytet vnutrishnikh sprav. (Ed.: Volobuiev A.F., Stepaniuk R.L. and Maliarova V.O.).
Humenskyi O.A., 2021. Use of special knowledge in criminal and administrative proceedings [Vykorystannia spetsialnykh znan u kryminalnomu ta administratyvnomu sudochynstvi]. Kriminalistika i sudebnaâ èkspertiza – Criminalistics and Forensics, Iss. 66, pp. 116-127. https://doi.org/10.33994/kndise.2021.66.13.
Kuzmichov V.S. and Pyrih I.V., 2008. Use of special knowledge in the investigation of theft of goods on rail transport [Vykorystannia spetsialnykh znan pry rozsliduvanni rozkradan vantazhiv na zaliznychnomu transporti]. Dnipropetrovsk: Lira LTD.
Koval Yu.Ye., 2016. Methods of investigation of theft of personal property of passengers on the railway transport of Ukraine [Metodyka rozsliduvannia kradizhok osobystoho maina pasazhyriv na zaliznychnomu transporti Ukrainy]. Ph.D. dissertation. Lviv Polytechnic National University.
Drozd V.Yu., 2019. Investigation of thefts from motor vehicles [Rozsliduvannia kradizhok z avtotransportnykh zasobiv]. Ph.D. dissertation. National Academy of Internal Affairs.
Bondar V.S., 2008. Problems of the theory of practice of using special knowledge in the investigation of burglaries [Problemy teorii i praktyky vykorystannia spetsialnykh znan v rozsliduvanii kradizhok z pronyknenniam u zhytlo]. Abstract of Ph.D. dissertation. Academy of Advocacy of Ukraine.
Pyrih I.V. and Samsonova V.V., 2017. Methods of investigation of thefts committed on the territory of horticultural societies and country cooperatives [Metodyka rozsliduvannia kradizhok, vchynenykh na terytorii sadivnytskykh tovarystv i dachnykh kooperatyviv]. Dnipro: Dnipropetrovskyi derzhavnyi universytet vnutrishnikh sprav.
Feshchyn M.A., 2018. Features of the inspection of the scene in the investigation of pickpocketing [Osoblyvosti provedennia ohliadu mistsia podii pry rozsliduvanni kyshenkovykh kradizhok]. Naukovij vìsnik Dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav – Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, No. 4, pp. 168-172.
Vysotenko Yu.V., 2021. Investigation of thefts committed by criminal groups [Rozsliduvannia kradizhok, uchynenykh zlochynnymy hrupamy]. Abstract of Ph.D. dissertation. National Academy of Internal Affairs.
Malanchuk P.M. and Molchanova A.P., 2017. Features of theft research [Osoblyvosti rozsliduvannia kradizhok]. Pravovì gorizonti, Iss. 6, pp. 69-73.
Shcherbakovskyi M.H., 2015. Conducting and using forensic examinations in criminal proceedings [Provedennia ta vykorystannia sudovykh ekspertyz u kryminalnomu provadzhenni]. Kharkiv: U spravi.
Danich O.Ye., 2018. Use of special knowledge during the investigative experiment [Vykorystannia spetsialnykh znan pid chas provedennia slidchoho eksperymentu]. Abstract of Ph.D. dissertation. National Academy of Internal Affairs.
Black I.S. and Fennelly L.J., 2021. Investigations and the Art of the Interview. Oxford: Elsevier.
Copyright (c) 2021 O. V. Haidar
This work is licensed under a Creative Commons Attribution 4.0 International License.