Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Bryskovska Завантажень: 15, розмiр: 282.1 KB

DOI: https://doi.org/10.33994/kndise.2021.66.35

O. Bryskovska M. Hryha

Illegal possession of water transport and theft (stealing) of sea or river vessels as a kind of criminal business is almost as profitable as illegal possession of motor transport. The nature of the group with a clear planning, the hierarchy of the participants and the distribution of roles often characterize such crimes. However, the investigation of such crimes in practice causes difficulties involved, including the fact that most of them are made without witnesses by virtue of localization of water transport facilities. In this regard, the establishment and analysis of the elements of the forensic characteristics of such crimes as the systems of information about the forensically significant signs of this category of criminal offenses, and the logical connections between them, which contribute to the effective solution of the problems of investigation, seems relevant.
The method of illegal possession of water transport, as a key element of the forensic characteristics, is characterized by the presence of a thorough preparatory stage, which includes the establishment of the characteristics of the storage place of the water vehicle, the selection of tools and technical means for entering the storage facility (parking, mooring), its transportation, etc.
The characteristic features of the offender is the presence of certain watercraft management skills, knowledge of its technical equipment and operating features. Most of these crimes are committed in groups. Between the personality of the offender and the victim, the presence of certain ties (professional, personal, friendship, kinship, etc.) is often stated.
The characteristics of a typical trace pattern of the thefts under consideration are determined by the specifics of the environment in which they were committed. Since the overwhelming majority of such crimes are committed in poorly populated places and places with little infrastructure, not ideal (testimony of the victim, eyewitnesses), but material traces (traces of weapons, criminals, video recordings, etc.) acquire special significance for the investigation.
The situation of the crime characterize the place and time of the commission. Basically, the thieves of water transport are activated at night (with the onset of dusk) on the territory of hangars, garages, summer cottages, sheds, berths, parking lots, piers, bases of security firms, places of storage or temporary stay, etc. Obviously, most of all boats are abducted from unguarded objects.

Key words: illegal possession of water transport, forensic characteristics, typical trace picture, method of commission, identity of victim, identity of criminal, tools of committing criminal offense