Interrogation of Suspects in Investigating Computer Crime
Date: December 17, 2003Source: Computer Crime Research Center
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... used for illegal access: reading of information by connecting to a cable of local network; interception of electromagnetic ray from displays of servers or workstations of a local network for reading and copying of information; copying of data from machine data carriers left without supervision or stolen from places of their storage; reading of information from hard disks and floppies (including the rests of erased data and temporary files), magnetic tapes at copying data from equipment of suffered organization; theft of laptops, portable machine carriers for the purpose of getting access to information contained in them, etc.;
• about ways of illegal access concealment (software indication of the false data on the person who has committed this access;
• about amount of the facts of illegal intrusion into information databases;
• about use of official position for illegal access and how particularly it became apparent, etc. [6].
Analysis of criminal cases shows that at investigating of illegal interference with work of computers, systems and networks there can appear the following investigatory situations depending on how the accused admits his guilt [7]:
1. Accused admits own guilt and gives the full truthful evidence.
2. Accused admits own guilt in part, but denies participation of criminal activity in the basic episodes.
3. Accused admits own guilt, but all episodes of criminal activity are not established.
4. Accused (when the crime is committed by group of persons on preliminary collusion or by the organized group) deny participation in a crime, give inconsistent evidence.
5. Accused admits own guilt, but does not name accomplices.
For successful interrogation it is necessary to study carefully all materials on the case, peculiarities of the accused, ways of crime commitment, proofs assigning guilt of the concrete person, etc. By the moment of accusing the person, investigation should have all categories of proofs. The first is the proof of circumstances, testifying that investigated incident (act) has taken place. Then if the given act was accomplished by the accused person, and it corresponds to components of a crime defined in Article 361 of the Criminal Code of Ukraine. As a whole it is necessary to note, that accused give truthful evidence in cases when he is sure that investigation has established all facts.
[1] V. Shepitko, Theoretical Problems of Tactical Methods Systematization in Criminalistics - Kharkiv: 1995; P. Bilenchuck, A. Gel, Criminalistic Tactics Bases: course of lectures, Vinnitza: MAUP, 2001; Criminalistics / Textbook, edited by P. Bilenchuck, Kyiv: Ataka, 2001.
[2] Criminalistics: Textbook, edited by N. Yablokov - Moscow: Urist, 2001.
[3] A. Volynski, T. Averyanova, I. Alexandrova, Criminalistics / Textbook for colleges, edited by A. Volynski - Moscow: Zakon i pravo, 1999.
[4] U. Gavrilin, Investigating of Illegal Access to Computer Information / School book, edited by N. Shuruhnov - Moscow: 2001.
[5] T. Averyanova, R. Belkin, U. Koruhov, E. Rossinkaya, Criminalistics / Textbook for colleges, edited by R. Belkin - Moscow: Norma, 2002.
[6] B. Andreev, P. Pak, V. Horst, Computer Crime Investigation - Moscow: 2001.
[7] V. Golubev, Investigating Computer crime / Monograph - Zaporozhye: University of Humanities “ZIGMU”, 2002.
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