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 Version and planning investigation of crimes - Forensics

1. The value of planning for a criminal investigation and

programming at the initial stage.

2. Nomination and testing versions. Differences and investigative

versions.

3. The planning process of the criminal investigation and its structure.

4. The value of forensic classification for planning

investigation.

1. THE IMPORTANCE OF PLANNING FOR a criminal investigation and programming at the initial stage.

Proper planning investigations on complex criminal cases on the basis of the total mining investigative leads is one of the most important conditions for the establishment of objective truth. Although more than half a century ago, it was noted that errors and omissions in the work of investigative bodies are caused primarily unplanned investigation, with this state of affairs can meet now. And if in the 30-ies. this was due to a lack of theoretical knowledge of the investigative unit, as well as drawing the weak scientific foundations of planning the investigation versioning n-th process, but now the situation has changed radically. The theory has made a big step forward. The practice sometimes do not take full advantage of advances in the theory. The reason for this lies in the fact that so far not been eliminated psychological setting some of the investigators do a sketch resembling the outline for the work for the day. In addition, young investigators because of lack of experience, do not always know how to make a detailed plan of investigation complex - besfigurantnyh or mnogoepizodnyh cases, which makes it necessary to develop algorithms and software for this activity. Finally, the planning of the investigation needed to start immediately on the initial stage of the proceedings. However, theoretical calculations and recommendations in this aspect we do not know, although the need for them long ago pronounced.

As rightly said by NA Selivanov, highlighting the complex initial investigative actions, "the investigator focuses on the use of maximum opportunities for the detection of evidence available on the exceptionally important - the initial stage of the investigation, and to create a proper framework for a thorough, sound planning of all investigative proceedings" [1, p. 122]. This suggests the need for an overall plan for the initial phase of the investigation and a separate plan for each Initial investigations in conjunction with the operational-search activities. Thus, to ensure the effectiveness of the investigation plan should be possible to start almost immediately after the criminal case.

There is no doubt that the fragmented and problematic nature of the initial information about the criminal event, its subject, the form of guilt and other significant circumstances prevent the development of a detailed plan of the case as a whole. At this stage, it is unrealistic and is not dictated by necessity. Because we understand the initial stage of investigation as an important interval investigative activities, concretized character facing an investigator at the time of initiation of criminal proceedings purposes and necessary to address the key (typical) tasks of investigation: the disclosure of non-obvious crimes or gather the necessary evidence for obvious crime-then after solving this stage of the planning of further work on the case is not of great complexity. If the crime was solved, and collected evidence of guilt, an element of creativity in further investigative activity is significantly reduced, and she (the possible exception of preparation of indictment. Lies within the competence of the criminal process, not criminology) is much simpler. At the same time the importance of careful planning of the investigation in its initial stage, it becomes even more apparent.

In this regard, it is important to emphasize that every investigator Knowledge of the offense under investigation, particularly in the initial stage should involve an immediate clarification of points of the plan. Rights AM Larin, saying that "planning is based on full consideration of the evidence, that the investigation has been steadily replenished, clarifies rethought. Accordingly updated, corrected, changed, and the plan. Therefore, the planning process from taking a case and up to drawing up an indictment continuous "[2, p. 58]. Emphasize the importance of dynamic planning and other authors [3, p. 15-20].

According to LA Soy Circo, when planning the forthcoming investigation and implementation of specific investigative actions or other events investigator uses his knowledge in a specific investigation of the situation, operating two streams of information. One -External - comes in the study of the situation and circumstances of the offense under investigation; second-internal - is contained in the memory of the investigator knowledge and concepts acquired in the course of training and practical work [4, p. 32].

It seems that this idea of ??information security investigator is incomplete, since the investigation of any sufficiently complex criminal case in the collection and verification of evidence necessary to use special knowledge of a variety of knowledgeable persons, experts, and others. This is accompanied by an application to a specific investigation of the situation and the knowledge of these professionals, t. e. the integration of knowledge and understanding of the investigator with the knowledge and understanding of other persons involved in the investigation, which generates a new level of penetration into the mechanism of criminal events and its individual forensically relevant details.

This flow of information has its own specifics, as the result, not the material situation of the crime and the persons involved in one way or another to him (eyewitnesses, victims), and the will and consciousness of subjects with which the investigator interacts. Their interests are aimed at achieving the same goal: Disclosure and comprehensive investigation into the crime. Special knowledge is particularly necessary in the initial stage, for individual knowledge and capabilities of the investigator, as a rule, is not enough to help without some success.

Scientific and technological progress is constantly opening new possibilities of using science and technology in criminal proceedings. Now even the most profound professional knowledge of the investigator may not be enough for a successful investigation. The path to the truth in many cases turned out to be much longer, a number of crimes would not have to disclose if the investigators did not use in this special knowledge, ie knowledge that is acquired through focused training and work experience for a specific activity within a particular profession, except in this case the profession of the investigator.

Thus, when planning the initial stage of the investigation, the investigator must consider, what experts how and when to draw, plan activities in which they participate. It is advisable to use special knowledge in the initial stage was wide enough and planned. In addition, when planning is important to provide scientific, technical and organizational support for the effectiveness of the initial investigation and search operations. To do this, the plan must be given not only a list of scientific and technical means, but also the specific tactics they use.

At the initial stage of the investigation is necessary to systematically apply special knowledge in the form of expertise. However, it is at this stage are not always used the richest opportunities forensics, especially with diagnostic. Examination appointed late in the regulations does not cover all the issues that can be resolved on the basis of existing materials, allowed other mistakes, reduce the effectiveness of the investigation. Circle of examinations, the questions that you want to allow in their production, materials needed for research - all should be reflected in terms of the initial phase of the investigation. In this case, the investigator is advisable to consult with experts, to relate their needs in the case with the possibilities of the expert institution, and when they do not match, schedule production research in other forensic institutions with more features due to security improved analytical techniques, highly qualified employees and others.

The development of forensic cybernetics ideas led to the fact that in recent years has been adopted by a number of cybernetic methods used quite successfully in the detection and investigation of crimes. Investigators in solving many problems of forensic actually use a separate recommendation of information theory, especially algorithmic nature. Cybernetic ideas developed in relation to the objectives of the investigation, form a basis for decision-making by the investigator based on the so-called machineless cybernetics through the development of generic versions of schemes on how to commit crimes and typed actions of the investigator, designed to check them. In algorithmization activities investigator important is the development of systems of standard models of crime investigation.

Back in the 40s. MA Evgenyev wrote: "The plan of the criminal investigation is a general program of work of the investigator on the case at all district program of his actions in the coming days, in particular," [5, p. 289]. At first glance, the way it is. In the literature one can find the term "master plan" of the investigation, used as a synonym of the term "investigation program" for a specific category. With this approach, the planning of the investigation and its programming must denote the same thing. Is this true?

In the literature, "the program is understood as a systematic list of guidelines for clarification of the situation, the definition of objectives and the choice of means of addressing some of the typical investigative tasks" [6, p. 50-51]. It is noted that the basis of the program should be methodical instructions, free from the information "noise" -polemiki, explanations, digressions and clothed in the form of short and specific algorithms, systematized so that it took a minimum of effort on finding the necessary information and an understanding of the connections between them.

L.A.Soya Circo sees here an opportunity to implement new principles to investigative tasks that will facilitate the unloading memory investigator on the information is not necessary for the success of her commitment at all stages of the investigation: help solve relatively simple problems and facilitate planning decisions more complex tasks. "That's why programming is a means of bringing the methodological knowledge to the investigator, should help to ensure that in those cases. When there is a ready-optimal solutions, the investigator not involved in the present invention has invented, and took and used a ready-made" [4, s.33-34 ].

The author stresses that the program contained in the methodological prescription-only prerequisite for activity, while the success of the investigation is achieved not only by their assimilation as professional use in a particular situation. The content of the programs due to the level of theoretical developments. Since the theory is not yet able to give specific requirements for all situations that may be encountered in the investigation work, the most complex of these activities algorithmic most generally, it means that their use requires considerable intellectual effort investigator. Providing a methodical investigator all information to quickly solve simple problems, programming at the same time should provide him with information and to solve creative problems, t. E. To help quickly and correctly orient in finding new and original solutions [4, p. 46-47].

Tracing the history of attempts to program the investigation of the final development of the Roman times sevenfold formula until today, IE Bykhovsky emphasizes that reveal atypical crime, using a model program, it is impossible. Therefore, any system model versions must indicate the probabilistic nature of the accumulated data to practitioners practiced other versions that arise during the investigation of a specific offense. The use of rigid programs. containing commands precludes considering the peculiarities of the individual and of the investigator and the accused, and other persons involved in the case [7, p. 61-65].

IE Byhovskny reasonably concludes that the program should be a system of recommendations, not orders, designed to investigate not just the criminal case, and his particular stage. It should be based on a generalization of the materials, encourage initiative investigator to search for other programs not provided by the authors of the ways of studying a particular issue. "The idea of ??programming the investigation should not deprive the investigators to search heuristic solutions; consequently always been, is and will be not only a complex scientific principles and recommendations, but called the art of finding the truth" [7, p. 66-67].

We make some preliminary conclusions. The relation between planning and programming, in our opinion, is as follows. Programming is one of the leading methods of planning, so the program can be viewed as a preliminary plan for any activity, including investigation. On the basis of the program, which is, so to speak, the skeleton of the future work plan of the case, the investigator. consistent with the prevailing situation in the investigation and the real possibilities, is a detailed plan.

The initial phase of the investigation is characterized by a number of problem situations, the resolution of which the program can not provide details. It is based on a typical, while the specific offense and the person who committed it -Individual. Specificity of investigative activities is that for solving crimes must be a non-trivial solution. Investigator depending on the situation brings to the program of investigation and experience, take into account the available forces and means. As a result, the program becomes flexible, dynamic plan initial stage of investigation.

Development of scientific investigators, the most rational methods of programming of its activities is extremely useful primarily for the successful planning and conduct of the investigation on the most critical initial phase. In addition, the ability to program facilitates the work of the investigator with a computer. In the near future, the investigator handling the most difficult cases, including those related to the planning, the assistance of a computer will become commonplace. Currently deployed in law enforcement information retrieval and automated control systems to create real prerequisites.

Thus, planning and programming investigative content is not the same category of a different order and unequal nature. I think that we should continue to develop work programs at the initial stage of the investigation the most common, serious and difficult to solve crimes. These programs will help investigators to better plan that will accelerate the search for the truth in criminal cases under investigation.

2. Nomination and testing versions. Differences and investigative versions.

Planirovanie- a complex in its structure the creative thought process. The most typical logical means of knowledge used by the investigator, are version and a question. Version is the basis of planning, the question - based test version.

Called logical forms of thinking are used primarily because, launched an investigation, the investigator, as a rule, does not have sufficient data to enable immediately identify the circumstances that it must be installed in accordance with the requirements of Art. 68 Code of Criminal Procedure. At the beginning of the investigation the investigator usually arises a problem with many unknowns. To solve it and explain the test event and its individual circumstances, the investigator has resorted to such a reception as building versions.

Version is nothing more than, as one of the possible explanations of the events under investigation as a whole or its individual circumstances. Depending on the version of the investigation referred to as shared or private.

Version is built on the basis of the information available to the investigator, and as they are not enough to exhaustively and reliably establish the circumstances of his interest, and they allow several hypothetical explanation, it is usually put forward several versions. They are all statements which can be either false or true. Since initially it is not known which of them is true, and what is wrong, it is based on this rule, according to) that you want to nominate as many versions as may be given the task of solving a crime satisfying explanation for the acts.

The need for extension of investigative leads, a real possibility in this situation, and their inclusion in the investigation plan is an important condition for its validity and correctness. Failure to do so, the obsession with one version, at least n plausible, in practice lead to the fact that the crime remains unsolved.

Check only one version and disregard for other versions may also lead to unwarranted criminal prosecution of persons not guilty of a crime. Errors of this kind are permitted when the investigator does not consider

the version put forward by other participants in the process, in particular the accused or the victim. Obvinyaemogo- version is also one of the explanations for the offense under investigation, but with his position. Prescription Art. 20 Code of Criminal Procedure of comprehensiveness, completeness and objectivity of the investigation of the circumstances of the case requires that this version was included in the plan and verified.

Nomination of all possible versions of the case in determining the paths of investigation does not mean, however, that the task sledovatelya- nominate as many versions. No reasonable case material versions may lead investigator in the direction of the truth, send it to the wrong path. Therefore, based on the version should be based on some part of reliably established facts. If the investigator puts forward the version of the murder, he comes from the fact that the man found dead or suddenly disappeared, and these data should not be in doubt. Even in cases where the investigator version builds on the basis of anonymous allegations or rumors, the information contained in them should to some extent correspond to actual cases and circumstances.

Advanced versions should be checked. Here the importance of acquiring good questions, cognitive function which is called is to highlight the fact that it is not clear, it is unknown in the case, then you need to check to install. Questions help to identify the causes and the consequences that are derived from the version. Having advanced version, the investigator argues as follows: if the theory is correct, then in fact there should be some facts which are the traces, evidence of a crime, and confirming the version. For example, in a murder case put forward a theory that the murder was committed A. pistol "TT" in order to take possession of the property of the victim. From this version displays the following: A. have to be a gun "TT"; in A. must be things that belong to the victim. Before you check in practice, whether it is actually thought the investigator takes the form of a question: "Do you have a gun A." TT "?", "Did he have the right to bear arms?", "Do Stored A. stolen things?" "At what point they are stored?" and so on. n. To resolve the issues raised in terms of planned investigative actions and search activities as assigned by the police authorities. Get answers to these questions, the investigator and thus receives the necessary data to display for confirmation or refutation of the extended version. The main condition for the successful implementation of this plana- parallel test versions. But if it is wrong to talk about the next check versions, we can and should talk about consistency in addressing issues. So, first of all address issues of importance to test multiple versions.

Complex thought process of nomination investigative leads and verification consist, as the Ya.N.Peschak of three main stages: "... the first stage- collecting factual material, its logical analysis and evaluation. The second stage- excretion and formulation of proper investigative leads including the elimination of formulation and assumptions form the basis of these investigative leads. The third stage inference that there must be some truth in the case of investigative leads, and checking the existence of these consequences "[8, p.75].

According to E.K.Kagina in the above definition phases contain inaccuracies, "so the initial step is to differentiate at least two distinct phases: the definition of the problem situation and the main directions in which it is necessary to put forward the version, the logical ordering of factual material, including its preliminary logical analysis and evaluation. Picking source of factual material is beyond versioned process because the actual base version (raw data) is already available to the investigator. Turn on the elimination of the logical consequences of a versioned process Ya.N.Peschak unreasonably combined in a single step logical mechanism a practical test of the existence of effects. Meanwhile check logic sledstviy- the most important part in the main practice of the investigator, and it is beyond the scope of the process, which is described as Ya.N.Peschak thought. "[9 str.42-43].

Seems to be the best definition of investigative leads, this L.Ya.Drapkinym: "Investigation version- it's an educated guess investigator of the circumstances relevant to the case, explaining plausibly established facts" [10, p.18].

In order to grasp the differences from the version of the investigation investigation is necessary to define the latter. To do this, let's see how it is determined by various authors. Shalamov MP under investigation understands version based on the materials to make assumptions about the whereabouts of the disappeared criminal, as well as they used to conceal the ways sredstvah.- [11, pp. 328-333] Tracing version- is based on the materials of the case and the results of search operations speculation about the whereabouts of the desired object [12, p. 453]. Tracking version is the assumption that what happened to the person under investigation and where it can most likely be [13, p.137] Tracing the version put forward by the investigator, as a kind of private investigation version, is a logically reasoned, arising from the criminal case and other information on the likely assumption whereabouts known to the investigator and rozyskivaemyh their persons and other known objects, as well as used for their concealment techniques disguise. The main purpose of investigative versions is to use them to determine the correct direction of the search of an object [14, p.14].

We can not agree with the fact that investigative version is a kind of investigative leads. Tracking version- independent kind of particular hypothesis.

Tracking version- it's an educated guess of the investigator or body of inquiry operative officer of the circumstances relevant to the establishment of places likely to remain rozyskivaemogo now or possible occurrence in the future.

Search direction of investigative version focused mainly on establishing: a) a specific address, or at least less specific description of the places where are or may be hiding a criminal; b) various ties sought verification of which may lead to the establishment; c) changes in demographic data, by which sought to legalize try; g) the proposed action plans and sought related to livelihood, reliable documents from the place of residence, work, and with the possible continuation of the criminal activity; d) attempts escaping criminal establish contact with relatives, friends and others. persons, as well as some of his intentions arising from the particular circumstances.

The process of constructing investigative version consists of the following steps. 1. Formation of the necessary information base. One of the prerequisites for sound investigative extension version is the availability of sufficient evidence, that is, the availability of information, which would enable the investigator or body of inquiry operational staff to make probabilistic inference about the location of the person who is hiding from the investigation, trial and punishment. 2. Determine if you need a theoretical framework, the accumulated knowledge of the investigator, his personal and generalized experience. 3. Evaluation of the investigator or body of inquiry operative workers to available information, its logical analysis in terms of adequacy for building search versions.

The verification process investigative versions distinguished primarily direct way of its confirmation or refutation (without any conclusions logical consequences).

Investigative version has the following characteristics: 1) the availability of sufficient evidence that a crime was committed-known consequence of a person; 2) there is sufficient evidence for the involvement of the person as a defendant; 3) extension of the investigator or investigative version of the preliminary operational in the course of the preliminary investigation, and after the suspension of the criminal case, depending on the time of receipt of the initial information for the investigation, but only on the grounds set forth in claim 1; 4) extension of investigative version for a limited range of facts (location escaping criminal, his relationships, changes in demographic data, etc.), the terms of which are much narrower than in the nomination of investigative leads; 5) checking investigative versions without isolating the logical consequences; 6) predictive character unlike retroskazatelnogo character in investigative leads; 7) the nature of intelligence, as investigative test version of the investigative bodies carry out most of the operational-investigative means and methods.

In the view of E.K.Kagina not necessary to separate investigative versions on investigative and search and search, depending on the subject of the investigation (as the need to work all together and use all the information mutually) [9 str.43-44].

Having specific, investigative version serves as the basis of purposeful activity and operational investigator of the preliminary investigator to detect and detain persons escaping from investigation and trial.

3. The planning process of the criminal investigation and its structure.

Work investigator to investigate a criminal case, as any activity consisting of a set of different labor operations must be planned. Being organized method of investigation, planning is a reasonable case materials to identify ways and means by which with the least expenditure of time and effort has to be solved crimes, exposed by the defendant, the causes and conditions that contributed to the commission of the crime.

Focused, orderly and choice when planning an investigation should be carried out in full compliance with the requirements of the principle of legality.

Developed using data forensics science of criminal procedure n logic of the situation on the principles, structure and forms of planning organically woven into the criminal procedure of the investigation to solve the crime, exposure of persons. the perpetrators of these crimes, and to take action to address the circumstances that contribute to crime.

Principles planirovaniya- is developed forensic tactics requirements for planning, compliance with which ensures its effectiveness. Planning principles are its validity, dynamism, continuity and identity.

Scheduling in terms of investigative actions to resolve the issues, the investigator seeks to ensure that their decision was provided by all possible and most appropriate in this case means. For example, if an investigator raises the question of where the stolen property, and indicates a sense that to resolve this issue it is necessary to make a search of the suspect, to question certain persons and install surveillance in markets, skupochnyh points, check the possibility of finding values ??in the storage room and Lombardy, then this list shows that the investigator has provided all possible in this case, the means by which can be obtained an answer to his question. The greater opportunities to use as premises for definite conclusions gives judgment contained in the answer to a question, the better question is, since it allows one obtained on the basis of the answer to it to make not one, but several conclusions.

Thus, the finding that the stolen property are at the suspect, who hid them home in a specially equipped cache, thus the investigator is able to conclude not only that the suspect is required, but also the involvement of the latter in the crime, his deliberate effort to conceal stolen, and the desire to avoid criminal liability for damages.

Outlining the investigative activities, you should always consider the possibility to fulfill their cash. If, say, you need to make a search, you should consider whether the assistance is not required, and whose kind; whether it is possible in a timely manner to get to places where it is necessary to take care of vehicles to attract police officers and members of the public; think about the preparation of technical tools and tactics of the intended investigation. In other words, every investigative action should be planned: only if it is done correctly and successfully.

Recommend some common for all types of track 'Stalins action form plana- work useless, since the planning of individual investigative actions is directly dependent on their nature. You can select only some of the issues that are common to all or most of the investigation. It should be borne in mind that the importance of these issues for each investigative action is different and therefore the sequence of their resolution also varies.

Such common issues to be resolved in the manufacture of certain investigative actions are: 1) what is the purpose of planned investigative action, 2) when it should be carried out; B) wherein it must be carried out; 4) who should take part in its implementation; 5) how to distribute responsibilities between participating in the conduct of investigative actions by persons; 6) in what sequence will be investigative action; 7) Which scientific, technical and other means needed to carry it out.

For each of the investigative action plan provides for the timing of the basis of the degree of urgency of action, its significance for the course of the investigation, because of other investigative actions or investigative measures, as well as the conditions of their conduct. The proposed dates should be real and combined with the timing of investigative actions in other criminal cases.

The shape of the plan may be mental, written and graphic. Thus, it is clear that in cases requiring immediate departure to the scene production of other urgent investigative actions, investigator almost make a written plan has no chance. He must quickly promptly, in accordance with the situation, decide in which direction it will operate, and mentally plan the full range of necessary measures, based on the characteristics of methods of investigation of crimes of this type. Get the necessary data, the investigator, of course, must make a written plan. In other cases, the investigator proceeds to establish a written plan of the adoption of the case to its production as well as the nature and type of crime requires analysis and in-depth study of the material that formed the basis for instituting criminal proceedings. Typical in this respect the case of large-scale embezzlement by officials: the original data contained in numerous submissions in the form of a diffuse kind of accounting documents, audit certificates, explanations of officials, and so on. D.

Often for this category compiling detailed plan study precedes execution of a written plan of the original investigation. This is due to the fact that even at this stage, the investigator is necessary to perform a large amount of work.

Written plan must be drawn up for a certain period of time depending on the available data from the investigator. To realize the plans and assessing newly obtained data together with existing investigator plans to the next stage of the investigation, and so on until it is completed.

The written form of the plan, as a rule, should include all the elements that make up its

structure. These include: 1) the initial data were the basis for the nomination versions;

2) investigative leads; 3) questions and circumstances to be clarified; 4) investigations investigative and other measures: 5) the timing of the planned actions; 6) artists; 7) mark on the implementation and results of operations.

The raw data version and asking questions that are common to all versions, it is advisable to allocate a separate section of the plan.

In cases with a large number of episodes or more defendants written plan drawn up for each episode or for each person, and then private plans are reduced in the overall plan of the investigation.

The same method is applied in the planning of the investigation carried out by a team of investigators. Each investigator is assigned to him the plan of the case, then these plans are reduced to a common plan or, conversely, first drawn up an overall plan and, based on the work plan to each participant teams.

Complex cases with a large amount of investigative materials plan is not only at the initial stage of the investigation and during the investigation itself, but also for its completion. In such cases, the investigator usually arise difficulties associated with the final ordering of evidentiary material, with the release of affairs, with the presentation of the investigative material to introduce a significant number of defendants, advocates, and other stakeholders.

In addition to the written plan is useful to make schemes, "checkerboard" table with different kind of graphic shapes. With their help, showing the links between the crime and the individual members of the evidence.

Investigation of the nature of the planning process and its final result of the investigation plan is best accomplished by sequential analysis of two aspects of this complex proces- its dynamic and static structures. There are many ambiguous definitions of "structure", but it is the most appropriate description of the organization as a way of providing entity communications system elements in a kind of integrity. From this position the dynamic structure planning is a gradual deployed in time the process of converting the original characteristics of the object, its continuous development. In a static structure reveals a relatively stable relationship basic elements of the plan developed by the investigation.

Construction of static and dynamic structures should be seen as the application of a systematic structural analysis to a particular object, which consists of two subsystems, mobile, multi-stage, characterized by a time sequence and interaction in the planning process (direct and feedback), and relatively stable, timeless, determined by the specific form links the main elements of the finished investigation plan (final model). Both the structure is different, but closely related subsystems, reflecting the dialectics of development planning process and its patterns of transition to the final result of the investigation plan.

Dynamic structures of all five main levels of integrated planning, formation of an investigative action plans, tactical operations, separate step, the whole process of investigation, as well as calendar plana- have their own characteristics. Possess certain characteristics and static structures - plans developed for each of these levels. However, the main stages of these processes, as well as the main elements of the plan, characteristic of a lot in common, and therefore as the main objects of scientific analysis it is quite possible to choose the most universal, namely; planning process in a criminal case and its outward expression, the overall plan of the investigation of the crime.

The dynamic structure of the planning process, as well as the content of the relevant activities of the investigator, consists of several stages.

The first step in planning is to identify the immediate objectives of the investigation and to clarify the goals of a more general level, formulated in the process of building versions and excretion of these logical consequences. Here there is a transcoding purposes, as a result of which generates a simple single-function purpose and objectives of specific actions. The totality of the versions dedutsiruemyh logical consequences is not sufficient ordered list of subgoals to be further streamlining. It is at this stage mainly created a kind of "tree of objectives", which also represents one single, but a detailed purpose of this system as a whole.

Complex composition logical consequences are usually divided into smaller, more specific, getting comfortable for plans form of questions that need to be answered, or -obstoyatelstv subject to immediate verification and comparison with the real facts.

The second stage involves the separation obscheversionnyh issues and circumstances, ie. E. The logical consequences that are repeated in their breeding of different versions. Similar obscheversionnye questions are relevant to the verification of multiple versions, and therefore, in order to avoid duplication, irrational waste of time and effort, they should be allocated in a separate section formed plan.

The third step in planning is to identify vneversionnyh issues and circumstances that are not being logical disasters of any version, however are subject to mandatory establishment of order in the so-called "simple information retrieval". Most often, asking questions vneversionnyh is obvious character and is determined by the standard, typical factors. These include, for example, the specification of the age of the accused or the victims, study a scene detection of a corpse, or portions thereof, to establish the vehicle speed from the initial data.

Elucidation of these circumstances related to the third stage of planning, since only after analyzing and organizing all the logical consequences become clear those facts which, although not derived from versions, but their identification and verification are as important to the case. Similar vneversionnye circumstances can be identified in a separate section of a single (composite) plan an investigation of the case or to simplify the structure of the merged into one section with obscheversionnymi issues (the first option is preferable).

The fourth step involves identifying and accounting of funds at the disposal of the investigator. When planning the investigation, the term "agent" is understood in a broad sense, as human, logistical, information, time, and other factors that must be considered in the detection and investigation of crimes. The investigator records available resources at its disposal, ie. E. The organizational system, which is formed at the time of the investigation.

The fifth stage can be defined as a stage of formulation of the problem. "The problem - this is the goal, this under certain conditions" [15, p. 232]. Pairing ends and means identified in the previous step to determine the nature of the organizational and managerial situation (ordered - enough resources or unordered resources is not enough) and thus formulate the task facing the investigator. However, the pair of ends and means always the case, under certain conditions, especially with regard to the type and nature of the information and logical-tactical and psychological situation (problem - neproblemnaya, conflict - conflict-free), environmental factors and the immediate social environment.

Currently accepted classification tasks on the two most common types of on-finding and dokazatelstvo- mainly because the task type determines the method for its solution. The purpose of the task of finding a particular object is to find not known for this problem, but it satisfies the condition that links the unknown with the original data. The task aims to prove is to establish the correctness or falsity of certain provisions (statements), its confirmation or refutation.

Investigator in the activity often faced with the necessity of solving problems of the third type, on finding and proof. Depending on the ratio of goals and means to achieve the task may be more or less difficult in the organizational-management relations, and sometimes. insoluble under these conditions. In the most critical situations it is sometimes necessary to go beyond the maneuvering of only one side of the resource problem. It is legal and tactical (but not strategic) change goals, such as the selection of the materials of the criminal case in a separate proceeding and its independent investigation (Art. 26 of the Criminal Procedure Code).

Most often, when an organizational difficulties resorted to expand, sometimes quite substantial, means and conditions. In such cases, to eliminate the disorder (eccentricity) in the case of need to take drastic measures to a radical restructuring of the entire organizational system of investigation (creating a large investigation group, the division of a single criminal case into separate independent production, transfer of the criminal case to another investigator or other investigation team building fundamentally new investigation plan and so on. n.). If difficulties quantitative did not escalate into another quality state-organizational disorder, it is usually limited to the adoption of the measures did not significantly change the organizational structure. This periodic connection to the investigation of investigators and operative workers, extension of the preliminary investigation, the optimization of the current plan, the provision of other similar forms of assistance.

Correctly formulated problem allows further successfully plan as individual actions and all the activities of the subjects of the investigation. In control theory and psychology attaches great importance to the classification task well and ill-defined, reasonably believing this classification one of the main criteria for evaluating human activity.

These tasks in a logical form should be understood utterance type: given A; requires B (), where A is the specified conditions (tools, resources) and B-purpose activities (the desired final situation). The subject of planning tools at the same time analyzes from the perspective of the target (targeted approach to available resources), and purpose-from the perspective of existing resources (resource-based approach to the goal).

At this stage the investigator identifies the specific organizational and managerial situation, determines its nature (type), making a preliminary, general and because only a qualitative conclusion about the adequacy or lack of effort, time and money. However, quantitative calculations of the resources involved to overcome organizational difficulties, the elimination of disordered situations, the definition of "degree gap ... between the actual and normative point" [16, p. 17-18), between the conditions A and B aim, already implemented in the subsequent stages of the planning process. The sixth stage is the development, analysis and evaluation of options for possible models of procedural, operational-search and other actions aimed at confirming or rejecting the logical consequences and the establishment vneversionnyh circumstances. It is at this stage, the investigator decides to use certain means. The more varied the nature of planned activities, the wider their search capabilities, the greater the likelihood of achieving optimal results.

At this stage of the planning inspector takes not only the organization but also procedural and tactical decisions.

When designing and making tactical decisions is particularly pronounced need for an organic combination of planning and forecasting. Although forecasting is auxiliary in relation to planning, it significantly enriches. Integration of specific techniques of planning and forecasting allows to develop optimal tactical decisions, forecasting provides continuous stimulus and reference for planning.

Of course, at other stages of planning, the development of a purely organizational decisions forecasting significant role, but on the considered stage of its heuristic, predictive function is particularly high. The fact that the prediction needs to identify the circumstances under which the investigator will act in the future. In conflict situations, the circumstances and conditions associated with the opposition parties, who hold a negative position, usually identified in the course of reflexive reasoning. But in the preparation of plans of individual investigative actions or tactical operations investigator may use reflective method (reflective forecast) and .neposredstvenno in the development plans. Forecasting allows you not only to create a probabilistic model of the behavior of the opposing parties and their own actions, but also to identify and take into account when planning a number of other events and circumstances that arise in the future and have already done in the past. For example, when planning to arrest a criminal should consider information about his physical strength, aggressiveness, the presence of weapons, communications and so on. N. In developing the plan interrogation in these circumstances may include data on mental qualities of the interviewee, his role in the crime relationship established in a criminal group before and after the crime, the characteristics of employment and residence, other information. When planning a search, the investigator should consider the size and location of the apartment, the availability of emergency exits, attics and outbuildings, while the family members being searched, their age, sex, and other data.

The circumstances and conditions of a more general nature are load investigator in other cases, the personal qualities of participants in the investigation, the remoteness of the scene of the investigative procedure, the presence and expertise of "the possibility of inviting witnesses, lighting conditions, availability of forensic equipment, transport and communications.

Unique synthesis of forecasting and planning can rationally combine search, research methods with clear, but at the same time flexible guidelines that fully complies with situational nature of the investigation and tactical recommendations.

The seventh stage of planning is to determine the optimal sequence of previously planned actions and activities. In this case, the investigator should be guided not only organizational, but also tactical considerations, and therefore the preference in the sense of urgency and urgency given to actions and activities untimely which may lead to the removal or alteration of evidence, it is impossible to detect carriers of information, complexity of establishing and detention of suspects ; which are common to all or several test versions (episodes); without which the implementation of the further implementation of the plan becomes difficult or even impossible, because they are informational or tactical base for further action, including performed by others (investigative commission, investigative, operational, audit, verification tasks, and so on. n.); which has the greatest complexity and duration of the (construction, accounting expertise, documentary audit, forensic and biological research, and so on. d.), so that "in their background," in the process of production other artists perform other actions and conduct other activities. In addition, in determining the priority of the plan of the investigation must- be considered the possibility and expediency of parallel conduct these and other events, territorial, transport and other organizational factors that contribute to a rational grouping of the planned activities.

At this stage of the investigation is continuing optimization plan. It seems that the main tactical and organizational criteria that determine a rational order and the temporal order of investigative and operational search actions should be a rule of maximum concentration of resources around a particular object of investigation, search or inspection under a separate episode, a particular version or in a single, relatively narrow direction. When planning for tactical operations, it becomes important principle. Its essential role in the development of other forms of plans (other levels of planning). On the contrary, in conflict and some other type of problem situations require a broad search in different directions, with multi intelligence activities. Under such conditions, or limited to a maximum concentration value rules resources or changes its regulatory function.

Eighth stage of planning is to determine, first, the direct executors and, secondly, deadlines and approximate duration of planned actions. Despite the functional differences of the solutions of the investigator (time and performers), they are so closely related that they should be combined into one step, while in the static structure of the plan (the plan), they are separate elements. In addition, the simultaneous decision-making on these issues allows for further optimization plan, make fuller use of available resources more reasonably to ask for additional capabilities and are more likely to get them in the order and even improve with the organizational change some of the decisions taken in the previous step (for example, a parallel test of several investigative leads instead consistent, conducting group searches instead of a series of single). Based on the analysis carried out in the previous stage of planning, the eighth stage the question of the number of participants in the investigation according to the most optimal model of investigative operational search and other planned activities. In this case, the subject of planning, taking into account the specific situation the applicable requirements of the rules of the maximum concentration of resources.

At this stage it is necessary to solve the question of organizational and management structure, form of organization involved in the investigation (investigative team, investigative team, a temporary connection investigators and operational staff to assist and t. N.).

The ninth step is to combine the individual plans developed for each version (episode), as well as plans for vneversionnyh and obscheversionnyh (obscheepizodnyh) activities into a single consolidated plan of investigation in the case. This association is not mechanical. Despite the preliminary optimization carried out on the previous (especially on the 2nd, 7th and 8th) the planning stages, the investigator re-adjusts the individual sections (parts of) a single plan of investigation.

The tenth stage is to integrate the results of the implementation of the plan formed and incorporated in it by the relevant changes that determines the specificity of this phase and its consideration by many researchers as an additional, optional. This explains the fact that in the literature the adjustment of the plan will normally be taken beyond the planning and structure is included in the implementation of planning decisions.

Of course, sometimes there is no need to adjust the plans of the investigation. In this case, the tenth stage is not realized, but its inclusion in the dynamic structure of planning ensures reliable operation of investigators from formal dogmatic investigation and possible errors, enhances the effectiveness of the preliminary investigation.

Some researchers note that even in the case of a perfect implementation of the plan, along with the achieved goals have unwanted consequences. Even more serious are the consequences if the process of implementation of planning decisions is complicated by unforeseen opposition parties in conflict errors in the implementation of the planned measures, or the negative impact of unrecorded circumstances.

Thus, despite the specificity of actions implemented by the investigator to adjust the planned solutions, their inclusion in the dynamic structure of the planning process as a separate phase it would be more correct theoretically and practically useful.

A ten dynamic planning framework is, in our opinion, the main circuit forming plans for initial or subsequent stage of the investigation and the criminal proceedings as a whole (the final stage of the planning process usually takes on a simplified structure and includes in its membership 1, 4, 5, 7, 8, 10 th stages). Dynamic structure planning separate investigative action, tactical operations, and especially the process of drawing up schedule have fewer steps than the basic scheme investigated. Thus, the process of planning tactical operation consists of seven stages (1, 4,5,6,7,811 10th stage basic scheme), the formation of a separate investigative action plan has a five-stage structure (1, 4, 5, 6, 10 th stages) and drawing schedule is actually undifferentiated procedure, the contents of which coincides largely with the content of the ninth stage, supplemented by certain aspects of the sixth and tenth stages (adjustment of some temporal parameters as in the formation and the implementation of plans).

The main feature of the investigation process, which affects the structure of the plan is as follows. Drawing up a plan for future activities of the investigator precede the definition of the type and nature of the investigation of the situation, the process of building versions in problem-reflexive reasoning and conclusions, in conflict situations, reducing the number of stages. Between almost all phases arise not only direct but also feedbacks, optimize and make more reliable the entire system planning.

Building plan of investigation, as well as any other activity plan is a process, so the individual steps of a process, any work done preferably called phase rather than elements. Successive stages of the planning process is not different levels and functions, and level of detail (which is a forced, but a prerequisite for the basic stages of any dynamic structure). The fact that the individual blocks of detail (enlarged stages) planning process has a limit, while other steps are subjected to much greater detail.

The proposed five-step RS Belkin (quintuple) planning system is of considerable interest as an enlarged (block) the analysis of decision-planning decisions. However puzzling inclusion in the system of nomination investigative leads as "an element of planning" [17, p. 313]. Providing a basis for planning, investigative leads, and even more so their nomination process is outside the scope of planning, which is prescriptive (normative) procedure, a form of prophecies, while the version is mainly retroskazatelny and partly predictive probabilistic process of descriptive nature.

The end result of the planning process - ready (formulated) investigation plan. What are the main elements of the content of the plan.

1. The immediate goal, ie. E. The logical consequences derived from received to check versions or concretized in the form of detailed questions and vneversionnye circumstances to be established. Deducing the logical consequences is an important stage of development of deductive version. This step separates the process of constructing versions of the planning process, but at the same time combines them into a single system.

2. The resources at the disposal of investigators, including borrowed for various periods of time to carry out the planned activities and events. This is primarily performers workers investigation, inquiry, experts, professionals, public assistants, folk vigilantes. This also should include logistical materials- transportation, communications, and other forensic techniques.

3. The investigative, operational-search, organizational preparations, other activities and events. When planning takes into account the possibility of the optimal combination of these actions and activities of their complex or separate execution. This element of the static structure of planning is one of the most important in organizatsnonno-management and tactically. All planned activities and events to be listed in the previously determined sequence.

4. Tactics that make up the content of procedural and non-procedural these actions may be briefly identified in the plan as a separate item. In most cases, higher level scheduling, the smaller the proportion of tactical aspects compared with organizational. H on the contrary, at the lowest level of planning, planning a separate investigative action --- the development of tactical decisions play a much greater role.

The relationship to a certain extent reflect the objective characteristics and specific features that are inherent or plans should be inherent in the investigation of different levels. In an effort to simplify the process of comprehensive planning, most investigators are limited to drawing up plans for a criminal investigation as a whole, ie. E. The principles of integrated planning are not met and the system of plans at different levels (from the plans of individual investigative actions to scheduling) is not created. It seems appropriate to introduce a standard form plans of higher levels of additional vertical column "Tactics", placing it after the list of investigative and other actions. This is slightly complicate the structure plan, but will significantly increase the effectiveness of individual investigation and the investigation.

5. Terms of investigative, operational-search and other activities. Although the traditional form of the plan it usually does not affect the duration of an activity, the investigator shall always consider it. The plan is advisable to specify not only the beginning of an action, but its approximate duration that disciplines investigator and allowing it to optimally allocate resources in advance of time, to avoid the uneven distribution of the load during the working day, unproductive downtime, which alternate with the "rush work" leading to harmful haste and superficial investigation, as well as other negative consequences.

6. The results of the plan called its correction. This element, or rather, organically interconnected two elements of the static structure of the planning discussed in detail earlier. Confine ourselves to pointing out does not necessarily formal and creative approach to the analysis of the results of the plan, if necessary, changing not only the individual items, but the whole complex planning decisions.

The study of static and dynamic structures of planning you can go to the question of the form of written and graphic plans. The most common form of a written plan is called a table plan. With larger or smaller changes it can be used when planning the investigation at any level.

Presents the best, in our opinion, form the plan of a criminal investigation or its separate stages.

Section 1

 Vneversionnye and obscheversionnye questions and circumstances investigative, operational-search and other actions Tactics Artists Terms of execution results of performance and updating of the plan

In cases where there is a large number of vneversionnyh and obscheversionnyh issues can be divided this section into two, respectively, by changing only the name of the first column.

Section 2

1. Name Version (episode)

 The investigation of the circumstances and investigative, operational-search and other actions Tactics Artists Period Results of implementation and updating of the plan

Of course, obscheversionnye questions revealed only after the preparation of test plans separate versions (the same applies to Mr. issues common to all studied episodes of the case), but in the master plan of the investigation section for each version or separate episodes should follow obscheversionnym (obscheepizodnym). Depending on the number of scanned versions (episodes) in this section includes a number of different versioned (poepizodnyh) plans.

In addition to the basic plan, and often called him before the formation of the investigator, especially in complex cases mnogoepizodnym, developing ancillary forms of planning.

Firstly - filing ("account") on the accused, which shall include episodes of criminal activity in which the accused participated and collected on each episode is evidence of his guilt. "Account" is a separate card (paper), drawn up by each defendant separately, as a card file is the collection of all "personal accounts".

Second-chess statements ("checkerboard"): a combination of the graph description, deployed on a single sheet of a set of "personal accounts", where each horizontal graph represents one of the "accounts". Chess statement gives visibility to all data collected on the case.

"Account" and "checkerboard" can be drawn up by the investigators and extension versions in the process of studying the case materials as a means of analysis and systematization (logical order) information. Filing cabinets and chess statements can perform the functions of planning. Each card catalogs and the cell "checkerboard" are divided into two parts: one contains the systematic baseline data in other-questions to be clarified and the necessary actions and activities.

Thirdly, various charts and graphs that reflect criminal defendants communication, movement of wealth and money, workflow, organizational structure of enterprises and organizations, territorial location of individual organizations, etc.

All additional planning forms to help you better navigate in the case file, unload the memory of the investigator, give greater visibility to the evidence collected and the upcoming actions, are a kind of savings fund, an information base for planning, as well as to adjust and optimize the already formed a plan.

Plan for tactical operation actually has the same structure as the plan for the investigation of one of the versions (episodes) is the second section of the above plan.

As for the plans of individual investigative actions, they have certain characteristics that distinguishes them from other plans, higher levels. In addition, the types of plans of different varieties of the proceedings has certain features. Since the most common investigative action is questioning is a typical plan for its production.

 Organizational and sub-preparatory activities circumstances of Mr facts to be clarified wording GP-Ros n Estimated sequence list of evidence n ways of bringing Other tactics Factors that increase the effectiveness of tactics

Special mention should be on the question of a backup option plan. Such caution is always warranted, particularly in light of tactical risk arising constantly in conflict situations, when planning transiently occurring tactical operations and certain investigative actions. Backup options for planned activities, events and tactics expedient to provide, if necessary, in the same vertical columns, after the presentation of the main version of the plan.

In the forensic literature was offered the graphical scheduling, approved in investigative units MIA Tyumen region [18, p. 75-78]. The essence of this method consists in drawing a simple diagram, where the horizontal postponed days of the month, and vertically-criminal cases coded numbers 1, 2, 3, 4, 5, etc. Based on the investigation of individual plans of criminal cases the investigator is a line chart (graphical schedule).

5

4

3

2

1

10 20 30

Analysis of the line graph shows that the most stressful period of between 12 and 20 the number of months (four cases investigated at the same time), and the least the loaded between 26 and 30 the number of months (criminal cases are not investigated). Using the line diagram, an investigator in the critical period may postpone the general preventive measures in advance to ask for help, and so on. E., In the period between 26 and 30 numbers do preventive work, independent study, lectures and so on. The remaining steps can be regarded as periods normal load investigator.

4. The value of forensic classification for planning the investigation.

Systematic investigation of criminal cases quickly and fully disclose the crime, expose the guilty, to ensure objectivity in utanovlenii truth and thereby ensure that no innocent person is prosecuted or convicted. Equally important for forensic science in general and in particular is planning classification. In the forensic literature constantly emphasizes the importance of taxonomy and classification, expressed an opinion on the development of the concepts of forensic classification. This process is under development and will undoubtedly benefit both in theoretical and practical terms.

Does not aim at a detailed analysis of the concept of forensic classification dwell only on the theoretical aspects of its implications for the planning of the investigation.

RS Belkin and AI Winberg noted: "In criminology, as well as in other fields of scientific knowledge, systematization and classification provide a means of insight into the knowable phenomena and objects, establishing relationships and dependencies between them, expressing the relationship between the elements of the structure between subsystems "[19, p. 182].

As a plan of investigation is impossible without forensic information, it is necessary to consider forensic classification. In this regard, it is correct perspective NS field which considers it possible to classify the forensic information into three main types: subjective, objective and model. By subjective, in my opinion, is the information that characterizes the mental and anatomical features of the perpetrator: intellectual ability, appearance and personality structure of individual body parts (face, hands, feet, and so on dentition. D.), And biological characteristics of the organism (or) its exudates (blood. urine, saliva, sweat, and so on. n.). Objective information reflects the individual characteristics of qualitative state of an object (or a real education) situated in a causal relationship with the criminal event. Model information describes methods of action on the subject of the crime or its concealment, including the situation in which the crime was committed [20, p. 46].

The need for proper classification of forensic crime investigation organizations rightly point AN Vasiliev and NP Yablokov, "Classification of crimes in the methods of their investigation should not proceed from the characteristics of the criminal law, and of the forensic on various grounds relevant to the disclosure crime, and mainly by the process of committing crimes, the use of the instruments and means, the mechanism of formation of evidence. This classification should be introduced into the atmosphere to combat this type of crime, create preconditions for correct orientation in the developing situation in the investigation, conscious approach to the choice of the direction of the investigation, development versions "[21, p. 425].

A. Larin, noting the importance of the classification in the planning, draws attention to the fact that the most perfect overall plan, the most informed decisions on major issues the organization of work on the case did not provide investigative purposes if the individual investigations will be carried out in an unorganized and unplanned, and this in ultimately lead to failure of the investigation. We support the author that in the planning process must take into account the particular problems, but we believe that the forensic and investigative tasks too. Accordingly, they can be classified into: 1) actions that determine the timing and direction of the investigation of the case (the judgment instituting proceedings, to transfer the case to another investigative, allocation or combination of cases to dismiss the case, refer the case to the court to apply compulsory medical measures et al., preparation of indictment); 2) actions which depend on the procedural position of participants in the investigation of criminal events (a decision is to accept the case to its production, on the recognition of the victim or civil plaintiff, on deciding to prosecute an accused, attracting as a civil defendant permission A plea); 3) actions to ensure detection, fixation of evidence (interviews, investigative inspections, surveys, searches, seizures, investigative experiments, verification, requisitioning written and physical evidence, and others.); 4) actions to ensure pas coercive procedural measures (detention, the application of a preventive measure, the decision to drive, seizure of property, and so on. D.); 5) actions aimed at guaranteeing the rights of persons involved in the investigation of a crime (explanation actors of their rights, measures of child care and protection of property into custody, arraignment, familiarization with the case, and others.); 6) actions to identify measures aimed at eliminating the circumstances that contributed to the crime [22, p. 148].

A. Larin to classify in terms of procedural tasks that need to be taken into account when planning. We believe that it was made not only on criminal procedure, but also on the basis of forensic as any goal or solution to the so-called specific procedural tasks investigator require this side of the application to a lesser or greater extent forensic tactics. Not accidentally initial investigative tactics viewed as a system of pre-trial investigation techniques that allow on the basis of studying the characteristics of each particular investigation file efficiently and with the least expenditure of forces and means to implement the requirements of criminal law and procedure [23, p. 4-5].

We believe the most successful definition of RS Belkin. fully reflects the essence of the subject of forensic tactics, which is a system of scientific statements developed on the basis of their recommendations on the organization and planning and preliminary judicial investigation, a certain line of conduct of persons carrying out legal research, and techniques of individual procedural (investigatory and judicial) actions aimed at collection and examination of evidence, to establish the causes and conditions that contributed to the commission and concealment of the crime [24, p. 179].

Of course, the classification of forensic investigative actions with regard to the specific forensic tasks that need to be taken into account when planning, is conditional and forms a complex of interrelated investigative actions, which are aimed at achieving a common goal-the establishment of objective truth in the case.

Investigator classification is needed in order to abstract from many sides of a particular investigative action and to allocate at this stage the main task of forensic, forensic determine tactics to solve this problem and to include in the plan of the investigation. In particular, according to the classification should be based on the investigator factual material to solve the problem, there is a need to allocate or connected criminal cases. According to Art. 26 Code of Criminal Procedure of the RSFSR Mr relevant articles of the CCP other union republics investigator can connect and allocate criminal cases. The law provides that can be joined in one proceeding only case against several persons of complicity in the commission of one or more crimes or case against one person in committing several crimes, as well as in advance not promised concealment of these crimes and failure to report them. Allocation of the case is allowed, provided that this does not affect the comprehensiveness, completeness and objectivity of the study and resolution of the case. For connection and isolation of cases is necessary to make appropriate decision.

As can be seen from the above, the law does not provide for any specific time frame for making the necessary decisions. Investigator on the basis of forensic tasks defines these terms and includes a plan for the investigation. Forensic tasks in planning the isolation or connection of criminal cases, in our opinion, include: assessment of investigative situation in terms of the feasibility of separation or connection of criminal cases, as the decision without taking into account the investigation of the situation on the basis of a procedural problems can lead to premature or belated implementation investigative action that in the future will entail serious complications in the investigation (the suspect, the accused may abscond, annihilated evidence, the accused or his relatives can be taken to conceal wealth or destroying other evidence relevant to the case, the definition of the circle of persons, criminal episodes n terms of planning for the isolation or connection Affairs, the definition range of investigative actions to be carried out prior to the isolation or connection of criminal cases (search, seizure, arrest, etc.); scoping investigative leads and physical evidence for leaving mostly the case (remove copies, if necessary) or requesting.

In practice, unfortunately, is not always taken into account when planning the forensic tasks of production of a particular investigation. In particular, the law enforcement agencies of decisions to merge into a single proceeding cases of crimes of different persons on the basis of only one forensic feature - a uniform way of committing a crime or crime scene. places of detention, for example, on the basis of the detention of several speculators who have committed a crime one n the same way on the same territory, but unrelated to criminal episodes. Production of investigative action without regard to its specific, forensic tasks leads to serious investigative and judicial errors. So, Circassian City People's Court of Karachay-Cherkess Autonomous Region Bligmitova. Bidzhnev Sereda and were convicted on p. 3 art. 92 of the Criminal Code for theft of state property on a large scale. Bligmitova. labor supply department of the farm, on a one-off individual powers of attorney received from the suppliers of sugar, cereals and delivered the farm. In March 1980 Bidzhiev offered the driver of motor transport enterprise "Transselhoztehnika" Sereda help his friend Bligmitovoy carry sugar. Sereda agreed, and together they went on to Bligmitovoy sugar factory, located near the town of Cherkessk. At the factory Bligmitova proxy and invoice received 10 tons of sugar in the amount of 7,800 rubles., Packed in 200 bags. The total cost of a container was 8062 rubles. Bligmitova with Bidzhieva Sereda and brought the sugar in Cherkessk, where Bidzhpev received from her accompanying documents and sold the stolen sugar has established a consequence parties. Later Bidzhiev handed Bligmitovoy 600 rubles. Sereda 300 rubles. And the rest of the money left himself. The record had the investigator on the allocation of the criminal case Blpgmptovoy.

Deputy Prosecutor of the Russian Federation in protest raised the question of the abolition of the verdict and refer the case for a new investigation. Judicial board on criminal cases of the Supreme Court on July 16, 1982 granted the application on the following grounds. Documentary audit from May 20, 1981 at Bligmitovoy identified shortage of sugar in the amount of 8295 rubles., Kidnapped her together with Bidzhieva and Sereda, corn grits in the amount of 3753 rubles. On the basis of the investigator of the case materials on this fact highlighted in a separate proceeding.

Interrogated during the preliminary investigation Bligmitova showed that it received proxy cereals sold drivers Kozlov and Orta, and the money given to her Kozlov-1100 rubles. And Orta 2550 rubles. From the case it is clear that the nature of the criminal acts Bligmitovoy on both episodes one and the same, the total amount of the theft of 12,048 rubles., M. P. theft on a large scale.

As established by the investigating authorities the theft Bligmitovoy cereals is essential for the qualification of its actions, the degree of guilt to the crime, when determining penalties both episodes of criminal acts should be investigated in the same case, in connection with which the investigator's decision on the allocation of material into the shortage of corn grits in separate production was found to be unsubstantiated, the Trial Chamber for Criminal Cases of the Supreme Court reversed the verdict and sent the case back for further investigation [25, 1983, № 9, p. 7-8].

This example shows that the procedural investigative action has been applied tactically wrong, because the investigator did not consider forensic tasks that had to be solved by the implementation of this investigative action, without taking into account the planned evaluation of the investigation of the situation, investigative leads, number of persons. All this has led to an artificial rupture of criminal episodes, despite the fact that the criminal-raider used rather primitive way of theft, confiscation of wealth without creating an unrecorded surplus.

In cases where the investigator to detect, fix the evidence is planning to hold investigations in accordance with the classification given, you must also take into account the forensic task (goal) of an action.

Forensic tasks determine the form and tactics of performing investigative actions that must be taken into account when planning. From our point of view, offer valuable RS Belkin when planning work on investigative leads guided by a system of investigative actions: to carry out investigations within the time stipulated by the procedural law (eg, the timing of the interrogation of the accused): to plan investigations, the urgency of which is dictated by exceptional circumstances and that, in fact, at other times it will be impossible to carry out (questioning the dying scene examination in adverse weather conditions, when the situation may change dramatically, which in turn determines the list of technical equipment needed to carry out those or other disastrous actions: Voice Recorder, illuminators kinofotoapparatura etc.); to carry out actions, timeliness which contributes to the normal course of the investigation (the election of a preventive measure, the production of the search, seizure of property, and others.), including such conduct which requires considerable time (meaning, and different types of forensic examinations); investigations, which depends on the results of checking multiple versions simultaneously; other investigations [26, p. 117].

Purposeful planning of investigative actions with the classification system in general terms, made on the basis of forensic, promotes the effective conduct of investigative actions by identifying, capturing evidence, application of technical means. You can give the following definition of forensic classification. This self-direction in the theory and practice of Soviet criminology, forensics is a specific ordering of objective and subjective grounds of unlawful events that make up the content of the criminal activity of the person, the regularities relationship with criminology and related sciences used by law enforcement agencies in the field of activity detection, investigation and prevention crime.

Naturally, the proposed definition is not intended to be an exhaustive disclosure of all content and all features defined as any definition to some extent decreases the content determined. We believe that with further expansion and deepening of research problems that are associated with the use of forensic classification of law enforcement agencies in their efforts to disclosure, investigation and prevention of crime, its subject, and the definition will be filled with deeper content and its role increase.

Thus, the classification of forensic investigation in the planning should promote the integrated use of existing recommendations that predispose to actions of the investigator in the investigation of a particular case (s), in particular, to motivate the need for an immediate departure to the scene; determining the order of the original investigation and implementation of search operations and the need for interaction with the police; include the successful resolution of problem situations in the investigation through logical methods; simulate the environment of criminal events, conduct a suspect, victim or witness.

Used Books:

1. Selivanov NA Soviet criminology: a system of concepts. M., the Legal lit., 1982.

2. Larin AM investigation of the criminal case. Planning and organization. M., the Legal. lit., 1970.

3. AN Kolesnichenko, Sushchenko VN On the principles of planning investigations prestupleniy.- Proc .: Forensic Science and Criminalistics. Kiev, Vishcha school, 1983, vol. 26.

4. Soy Circo LA Programming and creativity in the activities of the investigator. Proc .: The preliminary investigation in the criminal sudorproizvodstve. M., 1980.

5. Evgenyev MA Methods and techniques of investigation of crimes. Textbooks. Kiev, 1940.

6. Soybeans Circo LA Programming rassledovaniya.- Soc. legality, 1980, № 1.

7. Bykhovsky IE Programirovat investigation: Opportunities and perspektivy.- Proc .: Actual problems of Soviet criminology. M., 1980.

8. Peschak YN Investigative leads. M., 1976

9. Version investigation and planning // Interuniversity collection of scientific papers. Sverdlovsk, 1985.

10. Drapkin LY Construction and verification of investigative leads. Avtoref.kand.dis. M., 1972.

11. M.P.Shalamov. Rozysk.- Proc. Kriminalistika.M., MGU, 1959.

12. B.E.Bogdanov.Rozysk- Proc. Forensics. M., MGU, 1963.

13. V.I.Popov Guide to practical training in forensic tactics. M., 1964.

14. Konovalov EF Tracking the activity of the investigator. M., 1973.

15. Leont'ev, Problems of development of the psyche. M., 1959.

16. Vilkas EI, Maiminas E. 3. Solution: theory, simulation. Moscow, Radio and Communications, 1981.

17. Belkin RS Soviet criminology course. In 3 Vols., Moscow, Publishing House of the Academy of Ministry of Internal Affairs of the USSR, 1978. Vol. 2.

18. Brown, AP, Drapkin LY Application line charts in the management and planning of investigations prestupleniy.- Proc .: Methodology of investigation of crimes. Sci. tr. Sverdlovsk, 1976, vol. 50.

19. R. Belkin C .. Winberg AI classification system kriminalistike.-Proc .: Forensics. General theoretical problems. M., the Legal. lit., 1973.

20. Field NS Forensic cybernetics. M., MGU, 1982.

21. Forensics. M., REV-voMGU, 1971.

22. Larin AM investigation of the criminal case. Planning and organization. M., the Legal. lit., 1970.

23. Forensics. .M., 1938.

24. Belkin RS Soviet criminology course. In 3 Vols. M. REV of the Police Academy of the USSR, 1979, Vol. 3.

25. Bull. Of the Supreme Court.

26. Belkin RS Collection, research and evaluation of the evidence. Nauka, Moscow, 1966.

27. Guidelines for sledovateley.- Part 1, Moscow, 1981.

Normative-legal acts:

1. The Constitution of the Russian Federation.

2. Code of Criminal Procedure of the RSFSR.

3. Criminal Code.

4. Code of the RSFSR.

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