All investigative and judicial procedures always constitute a strict and well-coordinated system. After all, they have a direct impact on the outcome of the investigation. In the vein of this, one of the important components of criminology will be the tactics of investigative action. More than one textbook has been written on this topic. In the article we will try to provide the most important and fundamental information on the subject of our conversation.
Definition of a concept
Investigative tactics are forensic tactics. It is considered a system of scientific provisions and recommendations, specific techniques based on them that are developed for:
- Planning and organizing preliminary and judicial investigations.
- Definitions of the behavioral line of persons authorized to conduct an investigation.
- Techniques that will be used for procedural (and, first of all, investigative) measures that are aimed at collecting and studying evidence, establishing the conditions and reasons that contributed to both the commission of the crime and its concealment.
Investigative Tactics - System
Investigative tactics are an independent section of forensic science. But this does not exclude its connection with other areas of science. In many ways, it will be based on a general theory. In particular, this is the doctrine of the search, forensic version and so on.
The development of investigative tactics is not possible without taking into account the specifics of the application of technical and criminalistic methods and methods. There is a reverse circumstance. Tactical techniques common to all types of crimes, which are used during investigative actions, acquire specific features when used within individual methods.
The entire system of tactics for the production of investigative actions is conditionally divided into two large parts:
- General Provisions What will be determined here? The content, concept, essence of all forensic tactics, its sources. The connection with other areas of forensics, as well as with other sciences, is immediately presented. The entities and varieties of the variety of tactical techniques, operations and combinations are listed. Another important section of the general provisions is the concept, gradation of investigative situations, the basic principles on which the investigation of crimes is based.
- Tactics of individual investigative actions, as well as judicial measures. What is here? This includes methods of interrogation, searches, investigations, and other specific events.
The main objectives of tactics
Like any other directed human activity, the tactics of investigative actions pursue certain tasks. This is the following:
- Development of full recommendations on the nomination and verification of investigation versions , planning and organization of the investigation process.
- Development of techniques for both the product and the preparation of investigative actions, judicial investigations, tactical operations and combinations.
- The question of finding the types of interaction of the investigator with related structures - the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service, the customs system, the Federal Service for the Control of the Traffic of Psychotropic, Narcotic Drugs and Drugs, etc.
- Development of a list of recommendations on the use of special knowledge in determining the tactics of investigative actions - separate and general.
The goals of forensic tactics
Here we can distinguish the following defining vectors:
- Organization of crime investigation according to a certain plan. Effective production of various investigative actions.
- The correct application of logical methods of cognition, taking into account their specifics for a specific situation, a certain crime.
- Psychological support of the relations of a specialist (investigator or other authorized person) with other participants in the investigation process.
Interaction with other areas of knowledge
As we recall, the tactics of investigative action will always be an independent direction in criminological science. However, it is important to know which areas of knowledge it relies on:
- Forensic technology. Combinations of tactics should create optimal conditions for the use of devices - for the use of the latter in the investigation. In turn, information obtained using technical means helps to find out important information for the investigation.
- Methods of investigation of specific crimes. The provisions of general tactics are applicable for specific cases. And this technique allows you to improve, develop system tactics.
- Criminal process. There is the closest connection. In no case should the tactics of conducting an investigation go beyond the framework of the Criminal Procedure Code or contradict it.
- Forensic Psychology. Many tactics are based on the tenets of this science.
- Logic and ethics. Since childhood, we know how detectives use the same induction or deduction method. It is important that the tactics of the investigation does not contradict moral standards in society, which is what defines ethics.
Main categories within the direction
To fully understand the subject of conversation, you must be aware of its important components. Tactics of investigative actions is a combination of the following:
- Tactical technique (and a combination of such techniques).
- Tactical recommendation.
- Tactical operation.
- Tactical decision.
- Tactical risk.
We will analyze each of them.
Tactical technique
Tactical technique is the most rational and effective for a specific situation way of behavior of an authorized person conducting an investigation. Tactical (tactical and forensic) technique - this is the planning of the investigation, the procedures for examining the scene of the incident, the course of interrogation, and so on.
And the following. In the context of investigative tactics, such a technique may include:
- To the whole event (investigative action) as a whole. These are various methods of search, inspection, investigative experiments.
- To a certain type of investigative action. For example, taking a personal search. Or interrogation of those accused who give false testimonies.
- To a specific stage of the investigation. That is, its preparation, conduct and fixing of data - to what we will definitely touch on further.
Hence, a tactical combination will be a combination of several techniques within the boundaries of one investigative action to solve a specific problem in a particular situation.
Tactical operation
We go further. The following category, which is characterized by a high level of integration (as compared with the technique and combination), will also be a feature of the tactics of investigative actions. This is a tactical operation. A set of operational-search, investigative, organizational and technical measures that are aimed at solving the tasks of the investigation. In this case, the prevailing investigative situation is taken into account, and all measures are necessarily united by a common plan and are carried out under a single control according to the general plan.
How good is this category, as part of the general provisions of the tactics of investigative actions? It helps to solve several interrelated tasks at once. Moreover, not only at the stage of the preliminary investigation, but even before the initiation of the criminal case itself.
If a tactical operation involves, say, detention, capture, then it will be preceded by a complex combination of measures to study the personality characteristics of the attacker, the creation of ideal conditions for him to be "at the same time, in the same place", other scrupulous work.
Tactical recommendations and decisions
One cannot ignore the category of tactical recommendations, because the choice, application of techniques, operations and combinations will be based on them. In the tactics of the production of investigative actions (separate and general), so-called sound scientifically and proven in practice advice on choosing the most optimal variation of actions is called.
The following category will be based on these recommendations. These are tactical decisions. They consist in choosing the goal of the entire tactical impact on a specific investigative situation - in whole or on its individual components. As well as the progress and results of the investigation procedure. This is the definition of methods, techniques, means that will allow this goal to be achieved.
Tactical risk
And the last category in the general tactics of investigative actions. It affects the choice of the correct variation of the solution, the totality of the investigation.
Do not forget that the investigator has to consider a large number of factors and make fundamental choices in an extremely uncertain situation. In other words, act at risk. And what about the subject of our conversation? Tactical risk is a typical situation for an investigative process. It is important to understand that it is here that avoiding it is an unrealistic task.
It is important for the investigator to choose a strategy that entails the lowest tactical risk, and it is imperative to anticipate the whole spectrum of undesirable, negative consequences of his decision. An authorized person must think in advance of measures to mitigate or eliminate them (consequences). Tactical risk - minimized to the limit.
What is an investigative situation?
We continue to analyze the tactics of investigative actions (separate and general). Another important concept. The investigative situation is the situation, the conditions in which the criminal investigation process will be in a specific period of time.
Considering it is always important for the investigator. This helps to choose the most correct tactical device, to stop at the most optimal solution.
Factors of the formation of the investigative situation
The tactics of investigative actions are influenced by a combination of factors that create the whole situation of the case. They are divided into objective and subjective. In the table you can find specific content.
Objective factors | Subjective factors |
Guidance and evidence that is collected (or, conversely, missing) in a specific investigative situation | The psychological state of the person that produces the investigation, inquiry. In this vein, his professional experience, analytical skills, level of special training, etc. are important. |
The ability of existing carriers (especially material evidence) to retain important information for the investigation | The behavior of persons, one way or another, involved in the ongoing criminal case - witnesses, victims, accused, suspects, etc. Their assistance or opposition to the process also affects its quality, duration and even outcome |
Tactical methods, techniques, techniques - criminalistic means that are used during the investigation | |
The degree of interaction of the investigator with the structure of the inquiry and other related systems | |
Let us now consider what such situations can be in the context of the particular tactics of investigative actions - separate and general.
Classification of investigative situations
There are a lot of specific examples of this category. In criminology, there are several gradations of investigative situations:
- At the investigation stage - initial, final and subsequent.
- In relation to achieving the desired goal of the process - favorable and unfavorable.
- By the nature of the relationship between the participants in the investigative situation - peaceful (conflict-free) and conflict.
- Typical - which are typical for many cases, are repeated from time to time. Specific - formed only within the framework of a specific case, in this reality.
Steps of Investigative Action
Any investigative action is a clear algorithm of the stages, the passage of which must be strictly observed by an authorized person. In addition, each step will be characterized by its own special tactical techniques and methods.
Investigative or judicial action is the following combination:
- Preparation for the process.
- Actually, the event. It has its own characteristics of investigative actions - subsequent and initial.
- Fixing the course, and then the results of the past process.
- Evaluation of the results.
Let's get acquainted with each step of the investigative action in detail.
Preparation stage
Imagine the algorithm of events that are carried out by the investigator or other authorized person at this stage of the process:
- Formation of goals and objectives of all future work.
- Determination of the moment, time and place of the investigative action.
- A circle of participants is outlined, including an operational investigative group.
- The scientific and technical devices, tools, methods necessary for work are selected.
- Identification of varieties and boundaries of operational and search activities.
- Drawing up a master plan for the production of investigative actions.
At this comprehensive training will be completed. Go to the next step.
Event holding
The most intense and crucial stage. It includes the implementation of the master plan and the implementation of the tasks. This step is distinguished by the use of tactical criminology, verification of versions by confirming or refuting the facts.
According to their role in the whole process, investigative actions here, as we said, are divided into two groups. These are initial and subsequent. Let's take them apart.
Initial action
They are carried out from the very moment of criminal proceedings. The tactics of the initial investigative actions are designed to achieve the following:
- The full orientation of the investigator in the content and circumstances of the case under investigation, an idea of ββits important mechanisms and consequences.
- Disclosure of the crime in hot pursuit. Getting the maximum amount of information about the identity, location of the attacker, other important information for the investigation.
- Timely collection of evidence that can be destroyed due to subjective and objective circumstances.
- Obtaining the necessary amount of information that helps in the construction of investigative versions.
The features of the tactics of the initial investigative actions, as you see, are aimed at quickly obtaining the maximum amount of data that will help to achieve the results intended by the investigator as soon as possible.
Following actions
And the second stage of the investigation. Tactics of subsequent investigative actions:
- Using, researching and evaluating evidence that was collected at the initial stage of the case.
- Detailed verification of advanced versions.
- Evidence of the presence of elements that constitute a crime.
- Clarification of the spectrum of determinants that contributed to the commission and concealment of crime.
These are the features of the tactics of subsequent investigative actions. Let's move on to a new topic.
General tactics of the event
Despite the fact that the investigative measure is divided into a set of initial and subsequent actions, it should be based entirely on the following tactical provisions:
- Ensuring both the authenticity and safety of objects for research.
- Widespread use of criminological knowledge, technical means.
- Involvement of employees of the inquiry system in participation in the work, seeking help from the public and the media.
- Accounting for information on criminological characteristics, the present investigative situation for the selection of optimal tactics.
- The ability of a specialist to navigate both in the object of investigation and in the situation - past, present and expected in the future.
- Timeliness of the investigative action, the choice of the optimal location for him.
- Consistency that should be seen throughout the work. For example, the investigative action is carried out in a complex of similar (investigative actions), search, operational measures.
Fixation of the course and results of the process
What features differ tactics at this stage? There are two fundamental factors:
- Ensuring the most common and true reflection of the entire content of the event and the results achieved with its help.
- Tactics should be focused on the choice (or creation) of a number of conditions that will ensure the most effective use of scientific and technical means and criminological techniques.
Even if the main work has already been done earlier, the stage cannot be underestimated. All information received by the investigator without proper procedural processing will not have evidence. And the actions of both the specialist himself and the court will not give rise to consequences for the criminal determined by law.
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- A thorough verification of the validity of all available evidence.
- The decision on the significance for the process of certain aspects of the collected or accumulated data.
What else is being done at the final stage of the investigation? These are the following activities:
- Identification of errors that were made during the entire investigative action. Identification of the consequences to which they have led.
- Solving the issue of re-holding the event. This is advisable if the analysis of the work done showed that the mistakes made by the specialist cannot be corrected in any other way.
Here is a general acquaintance with the tactics of investigative action. We considered it as a science, an offshoot of criminology, and is applicable to the main stages of the investigation.