Rossiya, Russian Federation
UDC 343.34
In 2019 Art. 210.1 "Occupation of the highest position in the criminal hierarchy" was included in the Criminal Code of the Russian Federation. The results of the study of investigative and judicial application of Art. 210.1 of the Criminal Code of Russia, as well as the scientific literature devoted to the analysis of this article, indicate that clarification requires, first of all, issues related to the definition of the concept of a person occupying the highest position in the criminal hierarchy, in addition to the signs of the objective side of the crime. In investigating the crimes under consideration, which are revealed in the process of carrying out operational-search activities, investigative inspections, interrogations, searches, seizures, inspection of objects and documents, action to obtaining information about connections between subscribers and (or) subscriber devices are most often carried out. At the same time, in the course of research work at the Moscow academy of the Investigative Committee in 2023, it was established that an investigation into the occupation of the highest position in the criminal hierarchy is also not complete without the use of special knowledge, the main form of which is forensic examination. Respondents indicated that judicial criminological expertise should be considered mandatory for appointment during the investigation of analyzed crimes. The author considered the subject, object and tasks of forensic criminological examination in relation to persons occupying the highest position in the criminal hierarchy. Based on investigative and expert practice, identified signs that a person occupies the highest position in the criminal hierarchy. When preparing this article, the materials of criminal cases and information relating to the investigation of crimes under Art. 210.1 of the Criminal Code of Russia received from the regional investigative bodies of the Investigative Committee of the Russian Federation, including the results of a survey of their employees in the form of a questionnaire.
OCCUPYING THE HIGHEST POSITION IN THE CRIMINAL HIERARCHY, CRIME INVESTIGATION, INVESTIGATIVE COMMITTEE OF THE RUSSIAN FEDERATION, FORENSIC CRIMINOLOGICAL EXAMINATION
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