Crimes' Criminalistics Characteristic
Date: October 15, 2003Source: Computer Crime Research Center
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Next2) Kind (group) of crimes;
3) Concrete crime (10, 6).
The first kind provides the development of principles of criminalistical characteristic of the whole complex of various crimes. Their formation follows the path of the study and comparative analysis of criminalistical characteristics of separate groups, kinds and varieties of crimes. According to V. Obraztsov , this characteristic “plays a leading part, serves as a theoretical base of the development and improvement of typical criminalistical characteristics of separate crime categories, determines the same approach to understanding the nature, structure, forms and ways of using data contained in them.
Typical criminalistical characteristics, according to most authors, forms a base for the development of methods of investigating separate types of crimes (for example thefts), as well as definite groups of crimes (e.g. economical crimes), or varieties of crimes (e.g. thefts, which are committed in the process of privatization of the state property). N. Yabloukov notes, “separate and group criminalistical characteristics because of their specific character must be typical, that is having an integral scientific generalized idea about appropriate kind and group of crimes” (11, 46).
Criminalistical characteristic of a separate crime can be considered as a unique phenomenon of reality. It is an imaginary model of the given concrete object examined in the inquiry process, which reflects that or other complex of specific signs, which make it different not only from other events but also other individual ones. Literature has many points of view apropos of this. I. Panteleev thinks, “There is a criminalistical characteristic of a kind and group of crimes, as well as separate concrete crime but not a crime as a whole”(12, 26). N. Yabloukov points out that “criminalistical characteristic must be a criminalistical description of a crime and it is possible to say not only about individual, specific and group criminalistical characteristic, but also about criminalistical characteristic of a crime as a whole” (13, 115), “criminalistical characteristic of a separate crime obtained in the process of its investigation is always individual but at the same time it is more often close to some type of its” (12, 46).
Other scientists, O. Kolesnichenko and V. Konovalov in particular, do not consider it optimal to refer “criminalistical characteristic” to a concrete, single crime and think that “one of the necessary conditions of theoretical accuracy and practical usefulness of appropriate recommendations is to refer “criminalistical characteristic” only to the kind (group) of crimes” (2, 13).
Mentioned above standpoints on notions and kinds of criminalistical characteristic, as well as this study, make it possible to agree with the definition made by V. Licichenko because it reflects the most substantial signs of criminalistical characteristic of crimes. It is “a system of data on criminalistical signs of crimes of the given kind that reflects regular connections between them, as well as creates and checks investigatory versions to solve main problems of investigation” (1, 30).
Every characteristic is a description of substantial sides, properties and regularities of the reality that is reflected in it as a whole or some components, fragments, which make it different from other objects of the surrounding world.
Peculiarities of criminalistical characteristic of crimes are determined, first, by the particularity of reality that is reflected in it and its signs; secondly, specific character of aims of such reflection.
Elements of criminalistical characteristic of crimes reveal their main features. Practical activities, results of scientific researches of criminalistical character of crimes show that independence of a kind of a crime their criminalistical signs in the characteristic of a kind and separate crime more often are contained in data on a way, mechanism and situation of the crime commitment, typological and other particularities of their subjects. At the same time for separate kinds, groups of crimes with regard for criminalistical needs these signs could be contained in data on the crime object, personal features of a victim, peculiarities of the organized criminal group, motives of a crime, character of criminal result.
The structure of criminalistical characteristic of crimes is difficult, not the same for separate kinds and groups of crimes. Depending on a kind of a crime, form of guiltiness, its separate particularities, the same structural elements in characteristics of different crimes can be different in importance, origin (depending on the character of sources of origin) and others. For example, in some cases they can be principle, in others – secondary, primary, derived and so on. Thus, data on a way of committing intentional crimes in their characteristic are certainly principle and the most important, whereas in the characteristic of unintentional crimes – secondary or not important. At the same time data on criminal's personality depending on that, whether they are obtained by studying direct or indirect information can be primary and derived.
Complex of interdependent criminalistical particularities of crimes that form their criminalistical characteristic is a fixed system. Proceeding from it, the whole complex of signs that form criminalistical characteristic of a crime is a multitude, which components are organically and differently interconnected. It is possible to single out forms of such connections between elements of criminalistical characteristic, which are peculiar at the same time to connections of elements of appropriate criminal activities. As to the needs of criminalistics the most interesting are I singling out and studying of such kinds of connections of characteristic elements that bear a character of established regularities, are based on data on generalization of inquiry practice, study of statistical aggregate of criminal cases and characterize the level of cruelty of such connection. The study of inquiry practice shows that elements of criminalistical characteristic, which are unknown at the given moment, correspond to those known at the beginning of investigation. This correspondence depending on investigatory situations can be not cruel but possible. For example, a revealing of evidences of theft made by an established way with introducing changes into appropriate documents can in some cases directly point at unknown subject of the given crime. At the same time, early fixed way and conditions of the crime commitment can only point at that or other subject of a crime with definite possibility.
Most authors, who were engaged in working out a question on criminalistical characteristic of a crime, think that its elements are signs, which establish:
1) Way of committing a crime;
2) Mechanism of a crime;
3) Situation of the crime commitment;
4) Criminal's personality;
5) Victim's personality;
6) Object of a crime;
7) Motive and purpose of a crime;
8) Regularities of crimes (14).
Crimes in the sphere of computer information have become known recently. Home practice of investigating such crimes is not wide because information systems were introduced in such fields as bookkeeping, economical payment, banking business and so on in recent years because of the development of program-technical means and increase of “computer knowledge”. A social danger of criminal action in this sphere becomes increasingly evident and home lawmaker has started obtaining foreign criminalistical knowledge in “computer crimes”.
Lack of inspectors’ knowledge in up-to-date information technologies considerably favors keeping high level of latency of unlawful actions in the sphere of information relationships and their impunity. Detailed development of criminalistical characteristic of these crimes can allow revealing, detecting and investigating crimes of this kind.
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