The study of the criminological characteristics of a crime is of particular research interest when considering the methodology for investigating crimes of any category, since it is a full-fledged information model that reveals typical methods and traces of the crime, information about the identity of the person who committed it, etc.
The analysis of literary sources made it possible to conclude that the general concept of forensic characteristic and the content of its structural elements is the subject of wide scientific discussions on the part of representatives of the domestic forensic doctrine. The indicated problem was considered in the scientific works of O.Ya. Baev, R.S. Belkin, V.K. Gavlo, I.F. Gerasimova, A.N. Kolesnichenko, I.F. Krylova, S.P. Mitrecheva, V.A. Obraztsova, I.F. Panteleeva, v. 4-10; 12-14].
In the educational literature, dissertation and monographic studies, there are many scientific interpretations of the concept of «forensic characterization of crime.» In the present study, we will consider only some of them of particular research interest, according to the author.
Thus, the outstanding representative of domestic criminology R.S. Belkin proposed the following version of the definition of the concept of the criminological characteristic of crimes: «the criminalistic characteristic of a crime is an abstract scientific category, the scientific result of a study of a certain kind of criminal activity, a consequence of the generalization of its essential features and features» [2, p. 317].
The definition is of undisputed scientific interest, but does not reveal the practical meaning of the criminological characteristic of crimes.
- A. Vozgrin proposed a different interpretation of the concept under analysis: «the criminological characterization of crimes is a set of generalized evidence and research conclusions and recommendations based on them, regarding typical criminologically significant signs of crimes, the identification of which makes it possible to organize and carry out a comprehensive, complete, objective and prompt detection and investigation of crimes» [3, p. 68].
The advantage of the defined interpretation of the concept of «criminological characterization of a crime» is that it reveals not only the legal essence of the criminological characterization of crimes, but also its practical significance for the detection and investigation of crimes.
A slightly different approach to the definition of the analyzed concept is given by V.V. Radaev. Thus, the author believes that «the forensic characterization of crimes is a set of information regarding typical elements of the situation of committing crimes of certain categories, forensic links between the indicated elements and the features of the tracking mechanism» [11, p. 13].
The definite advantage of the definition is that it reflects a situational approach to the disclosure and investigation of crimes. However, in our view, the author narrows the contents of the elements of the criminological characteristics of crimes somewhat, highlighting only typical elements of the situation of the commission of a crime and, as a result, excluding such elements as the characteristic of the person who committed the crime and the methods of its commission, which, in our view, is unjustified.
Taking into account the scientific approaches reflected in the national forensic doctrine to the definition of the concept of «forensic characterization of crimes,» as well as taking into account the specifics of crimes related to embezzlement during the construction of buildings and structures, it is possible to formulate the author’s definition of the concept of «forensic characterization of crimes related to theft during the construction of buildings and structures»:
«The forensic characterization of crimes related to embezzlement during the construction of buildings and structures is a scientifically sound applied model for describing general and specific criminologically significant elements of the designated group of crimes, on the basis of which, the officials conducting the proceedings in the case form the initial idea of the mechanism for their commission and concealment, as well as put forward investigative versions.»
In our opinion, the most significant structural elements of the forensic characterization of crimes related to embezzlement in the construction of buildings and structures are:
- information on the method of theft during the construction of buildings and structures (including information on the methods of preparation, commission and concealment of the crime);
- information on typical typical traces (material and ideal) of embezzlement committed or committed during the construction of buildings and structures.
It seems that the establishment of the indicated structural elements of the forensic characteristic of crimes related to embezzlement during the construction of buildings and structures is the key to the correct presentation of the investigative version and the prompt conduct of investigative actions aimed at detecting and seizing evidence, minimizing the possibility of their loss.
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