Problem aspects of understanding the information model of crimes against property
Автор: Khlus Aleksandr
Журнал: Вестник Омской юридической академии @vestnik-omua
Рубрика: Криминалистика, судебно-экспертная деятельность, оперативно-розыскная деятельность
Статья в выпуске: 3 т.17, 2020 года.
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The relevance of the research topic is due to the existing problems of the implementation of methodological recommendations in the practice of investigating crimes against property. The article examines the theoretical basis for the construction of private methods for investigating various forms of theft (theft, robbery, extortion and fraud), which is traditionally their forensic characteristics. The elaboration of the investigation methodology based on the forensic characteristics does not contribute to the disclosure of the content of the material elements of the structure of the theft committed during its investigation. This allowed the author to draw a conclusion about the insufficient completeness of the forensic presentation of these crimes. The dominance of criminal law and criminological knowledge about a crime, contained in their criminalistic characteristics, is not a correct approach from the standpoint of reflecting the realities of criminal acts. The forensic characteristics of the types of theft under consideration, in the Author’s opinion, should be based on knowledge about the general elements of their material structure. In the future, information about the elements of the material structure as a result of the description of their features should form one of the main parts of the forensic characteristics of the crime. Knowledge of the elements of the material structure of a crime, combined with their forensic characteristics, creates a solid forensic basis for building private methods for investigating thefts committed by theft, robbery, extortion or fraud. Among the common elements in the structure of the crimes under consideration, the author singled out the subject of the crime, the object and subject of the criminal encroachment. When describing these elements, it is proposed to take into account their reflective features in the context of the implementation of typical methods of committing the analyzed crimes. It is also necessary to use the information contained in their forensic characteristics. The Author concluded that the information models of criminal acts that combine information about the elements of their material structure and data on the criminalistic characteristics of these crimes look the most rational. In the practice of investigating crimes, knowledge of the common elements of their material structure makes it possible to identify the presence (absence) of significant information on each of its elements. Correlation of the available information about these elements with their description in the forensic characteristics of the crime allows you to choose the direction of the investigation, put forward the appropriate versions and determine the set of tactical means necessary to verify them.
Forensic science, crimes against property, information model of crime, forensic characteristics, material structure of crimes
Короткий адрес: https://sciup.org/143172764
IDR: 143172764 | DOI: 10.19073/2658-7602-2020-17-3-402-410