Сhanging the legal qualification of the facts of a person’s disappearance: a practical aspect

Т. Р.  Kavіerina

doi:10.32631/v.2023.3.36

Т. Р. Kavіerina Luhansk Educational and Scientific Institute named after E. O. Didorenko of Donetsk State University of Internal Affairs https://orcid.org/0009-0001-7114-5173

DOI: https://doi.org/10.32631/v.2023.3.36

Keywords: disappearance, temporary occupation, identification of a person, combatants, force majeure factor, intentional killing, war crimes, violation of the laws and customs of war.

Abstract

The article is devoted to the study of the peculiarities of legal qualification of criminal offences entered into the Unified Register of Pre-trial Investigations on the facts of disappearance of a person under the conditions of temporary occupation and force majeure circumstances in the period from 20.02.2014 to the present. The actions of an investigator at various stages of pre-trial investigation of such criminal offences have been analysed, taking into account investigative situations directly related to premeditated murder as a result of violation of the laws and customs of war. The grounds for changing the legal qualification in criminal proceedings on the facts of missing persons have been proposed.

The variability of legal qualifications in criminal proceedings based on the facts of the missing person under special circumstances that occurred in the temporarily occupied territory, due to the influence of force majeure, forced migration of the population, the lack of a unified approach of investigative units, the prosecutor's office and the court to this issue at various stages of the pre-trial investigation is a problem that affects the assignment of a fair punishment to persons whose guilt has been proven by the court in the commission of criminal offenses of a violent nature, the consequence of which is first the disappearance of a person, and then the establishment of the fact of his/her death or violent death, extrajudicial execution.

The objectivity of the pre-trial investigation in criminal proceedings on the facts of intentional murders resulting from violations of the laws and customs of war that preceded the disappearance of a person is ensured by establishing reliable and confirmed data on the circumstances of the crime, absolutely all the facts that have preceded it, all information characterising the missing person, his or her lifestyle, connections, political preferences.

Under special conditions and the force majeure factor, investigative situations of missing persons at the initial stage of the pre-trial investigation are almost typical. However, high-quality documentation of such criminal offences and bringing the perpetrators to justice is ensured through the proper organisation of interaction between the investigative and operational units of the National Police and other law enforcement agencies with the military, forensic experts and volunteer search organisations. Currently, the military aggression continues.

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Author Biography

Т. Р. Kavіerina, Luhansk Educational and Scientific Institute named after E. O. Didorenko of Donetsk State University of Internal Affairs

Faculty of Training Specialists for Police Units.
Department of Police Activities (senior lecturer).

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