Блог

А. Zherebko

Summary

The article examines the legal nature of the samples for expert research, analyzes the problems of obtaining samples for expert research.

The results of the conducted study concluded that the nature of the samples for comparative study and physical evidence is excellent, since the samples do not have all the properties of the latter. It is not necessary to recognize them as an independent procedural source of evidence, since all the information that is contained in them and is important for criminal proceedings, after carrying out the relevant expert examination, becomes the content of the expert’s conclusion. And thus, the requirement of admissibility of evidence is observed. The evidential value of the expert’s conclusions based on the examination of samples obtained in violation of procedural legislation can be questioned.

Experts in accordance with the criminal procedure law do not relate to the subjects of proof, but when carrying out expert examinations, they not only examine the evidentiary information, but at times find it (in the production of many object penciled expert examinations, experts on their own initiative sometimes identify persons involved in forgery of documents, do not pass in the criminal case). Such an investigative action, as the appointment and production of a forensic examination should be called investigative and expert.

О. Samoilenko

In the article on the basis of analysis of ambivalent nature of cyberspace, in particular his essence technical and social, nature of cyberspace as an object of criminalistics research is defined. The analysis of the use of cyberspace with a criminal purpose is conducted. It allowed to define the features of cyberspace, which a criminal uses with the purpose of achievement of criminal result, in particular:

1) remoteness (remotability) of access to the subject of infrigement with the use of cyberspace, that provides a transboundary component of such criminal activity which causes the necessity of decision to the investigators of questions of territorial jurisdiction;

2) the efficiency of the creation, distribution, modification or destruction of information in cyberspace, which is the subject of a criminal offense or the consequence of a crime – it contributes to a significant acceleration and qualitative concealment of criminal activity;

3) virtuality, which provides the relative confidentiality of information about the offender’s personality and the ability to influence the consciousness of a certain category of persons;

4) communicative, which makes possible the creation of criminal groups and increases the efficiency of existing organized crime;

5) imperfect provision of information security and legal protection of relations in cyberspace, which gives the offender the opportunity to avoid criminal responsibility for the crime.

Taking into account the technical and social component of such cyberspace content, it imposes a significant imprint on the mechanism of a criminal offense. In this aspect, cyberspace in criminalistics research can be considered as:

а) environment (situation), in which its separate elements (telecommunication network, computer system, etc.) could be used as an instrument for achieving an illegal purpose – violation of the normal functioning of this environment or seizure of intellectual property objects, payment facilities, material values;

b) the specific circumstances in which changes were made as a result of the offense (its traces).

The used cyberspace environment stipulates necessitates the use of updated methods, means and techniques for solving practical tasks for the investigation of such criminal activities to achieve a criminal result, having only dual technical and social factors.

P. Bilenchuk; L. Borysova; V. Koloniuk

Summary

In the article, on the basis of analysis of regulatory documents, it is established that today there is no single clear definition of the concept of «computer crime»; it is concluded that the formulated definitions do not take into account such specific acts as an infrigement on a new type of social relations – the protection of lawful activities in the field of information technologies.

Among the computer crimes committed in the world, «international» has become more spread, which as means or victims use telecommunications systems of different countries: through open telecommunication networks access to national, including specially protected resources is possible.

The term «computer crime» was developed to identify completely new types of crime, which is oriented towards computers, telecommunication networks and their users, as well as more traditional crimes for which today computer equipment is being used.

On the basis of the synthesis of the results of scientific research and practical materials, the definition of transnational computer crimes, the main elements of their criminalistics characteristics are identified and analyzed: the subject of direct infringement is the characteristics of computer information and its carriers which become the objects of forensic research when carried traces own traces of a committed crime or something that is happening and such information can be perceived not only by the object and the technical devices; a method of committing a crime in its broad sense, a typical situation – a trace pattern; psychophysiological aspects of the personality characteristics of the offender.

It is singled out criminologically significant information about the time and place of the crime, methods of unauthorized access to computer information in the case of transnational computer crimes.

Considering the forensic character of transnational computer crimes as a probable model of oriented information that serves to specify the objectives of the investigation and its directions, it is concluded that in the field of information technology, the transnational computer crimes are characterized by a divergence of the place of committing unlawful actions with the place of occurrence of socially dangerous consequences.

M. Shcherbakovskyi; V. Korshenko

Summary

The extraction of information from backhaul telecommunication networks is one of the most effective ways of obtaining information exchanged by persons related to a crime. This secret investigative (search) action in which it is possible to single out procedural, organizational, tactical and technical aspects consists of a combination of search and cognitive, technical and certifying techniques. There are several typical investigative situations that cause the need to extract information from backhaul telecommunication networks: the suspect can contact his accomplices, other persons; the victim can receive messages from the criminal; unauthorized interference in victim computer is possible; the wanted suspect can contact with a certain persons (relatives, acquaintances, accomplices in the crime); the phone number, e-mail or other parameters of the addressee are known, but the person using the communication channel is unidentified. To conduct an investigative action, it is necessary to identify the observation subscriber, the transport telecommunications network, the final equipment, on which interference into private communication can be effected. An effective technique is the investigator’s ability to periodically get acquainted with the information received during the period of validity of the permission to conduct silent investigative (search) actions. This allows to obtain guidance information that helps to take measures immediately to counter a crime committed or preparing, to conduct other vowel or silent investigative (search) actions. In certain cases, during the examination of information, it is advisable to involve a specialist in the field, the content of which is accessible only to informed persons.

The information extracted from backhaul telecommunication networks allows obtaining reliable data not only about the persons involved in the committed crime, but also about possible witnesses, victims, places of concealment means, items and documents containing information on the course of criminal actions, unrelated communications of suspects etc. After conducting the investigative action, analog and digital media can be investigated to establish other evidence using specialized knowledge in the form of forensic examination.

I. Basysta

Summary

Expert’s conclusions are one of the procedural sources of evidence provided by the current CPC, while for their receipt, the parties to the criminal proceedings in different periods were given excellent powers, the implementation of which also differentiated. Nowadays it produces new challenges for this activity, and the legislator does not always respond in a timely manner to such a dynamics.

Existing to date, the exclusively judicial procedure for the appointment of examinations in criminal proceedings is a guarantee of an excessive burden on investigative judges, which may entail the ineffectiveness of the pre-trial investigation as a whole, since it will be necessary to appoint annually about 800 thousand examinations that paralyze the judicial system and pre-trial investigation. Therefore, it is worth returning to the original order of appointment of examinations for the CPС in 2012.

I. Pyrih

The article deals with the current problems of improving the forensic support of pre-trial investigation. For the efficiency of any type of human activity, including criminal investigations is required appropriate forensic support. The speed of the investigation, the completeness and quality of the materials collected in the criminal proceedings depend on the quality of the pre-trial investigation of modern advances in science and technology, new methods for detecting and extracting objects related to a crime.

Under the forensic provision of evidence in the pre-trial investigation is the activities of the relevant actors to create the necessary conditions for obtaining forensic knowledge and the use of forensic technology in the activities of the subjects of the process of evidence in the pre-trial investigation on the collection, study, verification and evaluation of evidence and use them for the purpose solving the investigation tasks. Attention is drawn to the fact that the effectiveness of the activity of forensic provision of investigation depends, firstly, on the subjects of the investigation process, namely on their knowledge, abilities and skills in gathering, researching and evaluating evidence using the means of forensic technology. Secondly, the final result is due directly to the availability of this technology, its compliance with modern requirements of scientific and technological progress.

The reform of the expert subdivisions of the law enforcement agencies brought both positive results and led to the emergence of certain problems of forensic provision of investigation of criminal offenses. Among the positive aspects, it should be noted the separation of the functions of forensic and forensic support of the investigation, which assisted in observing the principle of independence of forensic examination. On the other hand there were problems of staffing both in the subdivisions of the State Resaerch Forensic Center and the sectors of technical and forensic provision of investigation departments. Accordingly, the level of forensic training of forensic inspectors of the investigation departments of the National Police is still rather low for today. Insufficient qualification of forensic inspectors affects the final result, namely, the quality of the investigation of criminal offenses. The article proposes the introduction of a multilevel, fundamental training of criminological inspectors for the investigation units of the National Police and forensic experts for the Expert Service of the Ministry of Internal Affairs. This training should be carried out on the basis of institutions of higher education of the Ministry of Internal Affairs and different educational programs, taking into account the specifics of the practical activities of these subjects.

The article also deals with the problems of ensuring the investigation of the latest advances in the field of forensic technology. The emphasis is placed on insufficient funding of law enforcement agencies in this regard.

Е. Lukianchykov; V. Lukianchykov

Summary

Paper analyzes the formation of the institution of witnesses in criminal proceedings beginning from the Lithuanian Statutes, the Statute of Criminal Proceedings from 1864 till the presence. The issues of its occurrence, tasks, for which decision the participation of virtuous persons in the pre-trial investigation was introduced, have been investigated. A comparative study of normative regulation of this procedural institution in different countries is carried out. It is questioned about the possibility for the virtuous persons to create appropriate conditions for the objective and, in particular, the proper conduction of investigative actions, to ensure the legality of its conduction, to exclude the possibility of falsification by those who conduct procedural actions. Attention is drawn to the need to ensure in the CPC of Ukraine the order of the involvement of witnesses, the requirements imposed on such persons, their tasks during the conduction of procedural actions to which they are involved. The conclusion was drawn that the participation of the witnesses can not objectively ensure the legality of the relevant procedural action, to create the proper conditions for its implementation and be a reliable guarantee against violations of the unscrupulous investigator.