Volume 04 Issue 07-2024
10
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
10-17
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In the article, the method, situation, time, reasons and conditions, mechanism of committing extortion crimes are
highlighted, the concept of criminalistic description and the opinions of scientists who have conducted research in
this regard, the specific differences in the use of criminalistic knowledge in the detection and detection of this type of
crime are highlighted.
KEYWORDS
Forensic, fast-search, state, society, law, corruption, bribery, bribery, criminal property.
INTRODUCTION
It is known that one of the most important means of
combating crime[1] is to ensure the principle of
inevitability of responsibility, ensuring this principle is
achieved through the implementation of rapid search
measures at one or another level of crime prevention.
pre-investigation check is carried out by conducting
rapid search activities.
Therefore, in accordance with Article 3 of the Law of
the Republic of Uzbekistan "On Emergency Search
Activity" No. ORQ-344,
"Emergency search activity is a type of activity that is
carried out by the operational units of state bodies
specially authorized by this Law by conducting
emergency search activities" shown as[2].
Research Article
SOME THOUGHTS AND COMMENTS ON THE CRIMINALISTIC
DESCRIPTION OF BRIBERY
Submission Date:
July 03, 2024,
Accepted Date:
July 08, 2024,
Published Date:
July 13, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue07-03
Yusupov Farrukh Narimanovich
Independent researcher of the Academy of the MIA of the Republic of Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 07-2024
11
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
10-17
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Forensic science plays an important role in detecting
and solving any crime, including bribery. Therefore,
scientifically based methodological recommendations
developed on the basis of this science, especially the
criminalistic description of crimes, are considered very
important.
When detecting and uncovering this type of crime,
before the investigation, the employees of the
investigation, inquiry and investigation department try
to prove the basis of the person's interest in exchange
for a certain benefit or financial resources, using the
possibilities of criminal science in the process of
proving the guilt of the persons who may have
committed this type of crime .
for the criminalistic description of this crime to
determine the circumstances such as the place and
time of the crime, to use special knowledge and
criminalistic methods to solve crimes quickly and
completely, to determine the range of cases that need
to be proven, and to determine the sequence of
actions (algorithm) that can be carried out on them.
becomes important. The set of important aspects and
methods listed above means the detection and
investigation of the crime of bribery using the
capabilities of ОSА.
At this point, scientists have expressed different
opinions and comments on the concept of
"criminalistic
description".
In
particular,
G.A.
Abdumajidov defined the criminalistic description of
crimes as "consisting of the generalized evidentiary
data on the most important aspects of the considered
types of crimes, as well as a system of scientific
conclusions and recommendations based on them"[3].
Also R.A. Alimova and A.N. Norboev also expressed
similar opinions about the criminalistic description[4].
N.R. Yablokov finds "the interrelated features of
criminal activity, which includes the criminological
knowledge necessary to make the most optimal
decisions aimed at quickly solving the relevant
crime[5], solving all the tasks of the investigation". This
definition is very broad and uses general concepts.
V.K. According to Gavlo, the criminalistic description of
crimes "takes into account the main features of the
method, mechanism and state of the committed
crimes, the formation of traces, the identity of the
criminal, his reasons and goals in cases of preparation,
commission and concealment of identified crimes in
the investigation methodology, which can be
expressed as a typical data system. will be taken." This
definition reflects the content of the criminalistic
description of the crime and has its own elements.
L.Y. Drapkin "it includes the typical signs and
characteristics of the event, the situation, the method
and mechanism of committing socially dangerous
behavior of a certain skill group, the process of forming
evidence, the typological qualities of the personality
and behavior of criminals, victims, as well as other
objects of aggression stable features", he describes
[6]. This criminalistic description of the crime of bribery
also serves to determine the truth, ensure the
inevitability of punishment for the guilty persons and
the economic development of the country.
I.V. Panteleev defines the elements of the criminalistic
description of crimes as "typical cases of this type of
crime, the most common ways of committing them,
technical tools used by criminals, sources of obtaining
these tools, characteristics of typical traces of a crime,
physical evidence, their detection, concealing traces of
a crime methods, characteristics of "professional"
skills of criminals, criminal connections, etc., he
believes. According to Vozgrin, the criminological
description of crimes" includes information about the
Volume 04 Issue 07-2024
12
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
10-17
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
subject of criminal aggression to the typical personal
characteristics of criminals and victims, methods of
preparing, committing and concealing crimes, and
information about the typical consequences of criminal
actions, generalized information about the most
common causes of crime".
According to Gerasimov, this concept includes "a
collection of information and knowledge about a
certain type or group of crimes obtained as a result of
special research, which is an important structural
element of the investigative methodology, determines
methodological recommendations and ultimately
contributes to disclosure, inquiry and investigation".
According to this scientist, its constituent elements
are: "spread of criminal activity; the peculiarity of its
identification and identification; typical characteristics
of a criminal event, crime situation; track formation
mechanism; method of committing a crime as a set of
actions of the subject to prepare, commit and hide the
crime; the personality and conduct of the accused;
summary information about the identity of the victims;
other information”.
Based on the opinions and practical experience of the
above scholars, the criminalistic description of bribery
crimes means " the method, situation, time, reasons
and conditions, mechanism, identity of the suspect and
the victim, methods of hiding the traces of this crime,
inquiry, investigation, as well as a set of criminalistic
actions and results aimed at exposing this type of crime
in court " can be concluded.
As a criminological description of this type of crime, the
motive for committing the crime is mainly material or
profit needs, and it can be seen in cases related to the
abuse of official authority in exchange for a material or
certain benefit.
Also, when the causes and objectives of bribery crimes
were studied, the following were found:
Extortion is committed by an official who does not
understand the criminal-legal consequences of
extortion, who is in financial need for certain reasons,
or in exchange for the interests of a certain
organization.
As a result of the study of criminal cases and conducted
questionnaires, it became clear that this type of crime
was committed by the responsible leaders of the
preschool educational organization because they did
not understand the criminal-legal consequences of the
crime of bribery.
Therefore, the knowledge about the mechanism of
committing this type of crimes and their characteristics
will not have a complete meaning without
criminological information, therefore, it is impossible
to imagine the perfect implementation of research in
this field without the huge developments collected by
criminologists.
Prior to the investigation, some possibilities of
criminalistics (forensic photography, dactyloscopy,
inspection, search, interrogation, recognition, etc.)
took a wide place in the practice of investigation and
investigation.
Based on the above-mentioned points, it can be
concluded that criminalistic techniques, criminalistic
tactics and criminalistic methodology developed by
criminalistics can be used by introducing the features
of OSA theory and practice into its components.
It is important to assess the immediate situation in the
detection of bribery crimes, in which it is necessary to
analyze which branches are being committed by the
representatives of the public services, and aspects
such as its situation and dynamics are also important.
Volume 04 Issue 07-2024
13
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
10-17
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In some cases, disputes arise regarding the subject of
the bribe by the units implementing OSA. When
defining the subject of bribery in the criminal law
norms of several foreign countries, tangible and
intangible benefits are not distinguished. For example,
according to US jurisprudence and the opinion of most
criminologists, services or generally "anything of
value" can be the subject of a bribe (the same
explanation is used as the only general definition of a
bribe in the current federal JC No. 201). The bribe does
not have to have a specific monetary value. It should
be of sufficient value in the eyes of the bribe taker.
Most theoretic criminologists are against the
recognition of non-material services as the object of
bribery1 and put forward the point of view that the
object of bribery can be money or material wealth.
Such solution of the issue should be recognized as
correct[7].
That is why bribery is a crime that can be exposed later.
At the time of the crime, the bribe giver , recipient ,
sometimes to them mediator is also encouraged . In
many cases it is event since it does not happen in front
of people , it becomes a problem to find a witness.
Therefore, this crime has a high level of latency, and
the bribe giver's notification of the fact of giving the
bribe is considered an important means of uncovering
bribery.
When examining the statistics related to bribery crimes
in 2021 alone, the highest bribe amount was 200,000
US dollars, and the lowest bribe amount was 50 US
dollars. 75 of the 91 bribery crimes were detected
during the investigation, while 16 were detected
before the investigation. Bribe money was received by
intermediaries in 5 cases and directly by officials in 86
cases. Out of 91 crimes, 20 were recruiting, 8 were not
taking administrative measures, 6 were allocating land,
4 were building permits, and 3 were based on land rent.
permission to use, 3 cases of removing a motor vehicle
from the penalty area, 2 cases of allowing it to pass
through the post office without a permit, 2 cases of
assigning a pension, 2 cases of requesting a share for
signing a contract on state procurement, 2 cases of
crossing the border. In the remaining 39 cases, crimes
were committed based on the use of other powers. In
this case, 22 percent of bribery crimes were committed
by using the power of recruitment, 15 of them were
related to the recruitment of technical and executive
employees to educational institutions (11 cases of
preschool education, 4 cases of public education). 8
cases were committed using the power of not taking
administrative measures. 5 of the crimes of taking
bribes were committed by internal affairs officers, 3 of
them were road patrol inspectors, 2 were preventive
inspectors. In addition, 4 of the 6 bribery crimes related
to the sale of land were committed by local hokims (3
by district hokims deputy), 2 of them are employees of
the construction department [8].
According to the above, in the investigation of bribery
crimes, its criminalistic and rapid search description
helps to expose this type of crimes, to determine the
circumstances that need to be proven in it, and to solve
such important issues.
In cases where there is not enough evidence for the full
disclosure of the crime, the investigator of this crime
develops investigative leads in cooperation with the
employees of the criminal investigation units, and it is
considered important to advance and verify these
leads, and the content of each investigative lead is
determined by the specific investigation situation and
the current situation.
G.A. Abdumajidov divided the investigation sample
into three important features: "they should be
compiled based on the study of real and evidential
data; does not contradict scientific data; logically
structured and not have contradictions, finally, from
Volume 04 Issue 07-2024
14
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
10-17
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the point of view of the theory of modeling, figures are
a logical model that provides complete information in
all aspects of the phenomenon under investigation",
he says [9].
Currently, investigative activities and criminalistics
offer different forms of classification of the current
situation, providing different grounds for their
differentiation: a) depending on the stages of the
investigation (initial, subsequent, final); b) depending
on the level of complexity (problems of the
investigative process); c) depending on the level of
conflict between the subject of the investigation and
the persons against whom the criminal case is being
initiated, [10] etc.
Depending on the state and volume of forensic
information, there are several typical cases in the
detection and detection of bribery crimes. Based on
the results of the research, we divided these cases into
two groups and called them usual (repeated) and
complex cases, if the officer of the criminal
investigation department has reliable information
about the criminal event, the person who committed
it, other circumstances that need to be proven, it is
usual cases. Also, poor-quality collection of evidence
during the pre-investigation investigation and lack of
full coverage of the participants of the criminal process
in the investigative actions during the investigation of
the crime may lead to the incomplete disclosure of this
crime.
According to what we learned during our research, the
most common types of typical quick-search situations
are:
1) Appeal by the victim to law enforcement agencies
with sufficient evidence to prove his guilt against the
criminal.
2) In the situation related to the return of the bribe
given by the victim to the criminal, the person who
took the bribe should contact the law enforcement
authorities with sufficient evidence to prove his guilt.
In both of the above cases, the fact that the person
who received a bribe from the victim turned to the JQB
staff with evidence proving his guilt, created the basis
for an effective action. In such cases, JQB employees
will have direct information about the identity of the
criminal, witnesses of the incident, physical evidence.
The JQB officers are advised to conduct the following
rapid-search activities and procedural actions in these
situations:
- checking the personal information of the person who
applied and asked for a bribe;
- issuing a decision on the transfer of pre-investigation
check ( the decision must reflect the grounds for its
implementation, the type of event, to whom or under
what circumstances, the conducting div and the
place, time and period of its implementation, as well as
information about the department or official who was
entrusted with the execution ).
- use of the forces and means of the specially
authorized state div, as necessary (For example, to
listen to conversations conducted through telephones
and other telecommunication devices, etc ).
- inspecting or searching the detained person at the
scene of the incident or in the internal affairs div,
office room or car, seizing physical evidence;
- to initiate a criminal case against the detained person
and to obtain an immediate investigation by an
investigator about the circumstances of the crime;
- questioning witnesses;
Volume 04 Issue 07-2024
15
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
10-17
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
- appointment of relevant court expertise;
- to achieve the application of the procedural coercive
measure of detention against the suspect.
The most common situations in the origin of such
situations are:
1) As a result of incomplete investigation of the identity
of the payer and giver of the bribe, the evidence
obtained during the investigation and court process is
considered inadmissible.
2) In the situation related to the return of the bribe
given by the victim to the criminal, a prompt action
should be taken in situations where there is insufficient
evidence to prove the guilt of the person who took the
bribe.
According to the results of the law enforcement
practice studied during the research, such situations
are expressed by the presence of intent by the victims
against the officials, and complex typical situations
arise as a result of the inexperience of operatives.
3) Appeals by the victim several years after the crime,
etc.
The development of the private sector remains
important for the reforms being implemented in New
Uzbekistan today. In recent years, Uzbekistan aims to
transfer 20% of public services to the private sector and
to increase the share of the private sector in the GDP
to 80% by 2026[11]. Therefore, no one guarantees that
officials in the private sector will not receive bribes. At
this point, a natural question arises, why the same
punishment is not applied in the law if the head of a
private preschool education organization performing
the same task and the head of a state preschool
education organization use their official position to
perform a specific action for the benefit of the briber.
It is the first part of Article 210 of the Civil Code, i.e.
"Taking a bribe, i.e. in exchange for the performance or
non-performance of a specific action by an official of a
state div, an organization with state participation, or
a citizen's self-government div using his official
position, for the benefit of the person giving the
bribe." knowing that it is against the law, he himself or
through an intermediary receives material values or
has a property interest"[12] should be revised.
In our research work, we excluded the words "state
div, state-participated organization, or self-
government div of citizens" in this norm, and the
disposition of this norm is "the performance of a
specific action that an official should or can perform
using his official position for the benefit of the person
giving the bribe, or We suggest to change it to ``
receiving material values or having a property interest,
knowing that it is against the law, personally or
through an intermediary, in return for non-fulfilment'',
serves to prevent the commission of bribery crimes in
the private sector and to ensure the principles of
legality, equality of citizens before the law, justice,
responsibility for guilt, and the inevitability of
responsibility defined in the criminal code[13].
Therefore, in this research, a sequence (algorithm) of
pre-investigation check aimed at timely detection of
crimes, exposing them from their hot tracks and
proving the actions of guilty persons was developed.
Based on the above-mentioned analyses, opinions and
considerations, the following author's definitions
were developed in order to improve the mechanism
for identifying and exposing this type of criminal
cases:
A whistleblower is any conscientious, honest person
who claims his or her rights under the law, who
contributes to the economic development of the
Volume 04 Issue 07-2024
16
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
10-17
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
society and ensures the inevitability of punishment for
any illegal act or omission.
A person who constantly has sufficient information
about bribery and does not report it is a person who is
inclined to receive, give and mediate bribes, has
constant contact with officials in society, has a certain
level of respect and reputation among them, acts for
his own benefit, is known a person who has a negative
impact on the development of a field.
CONCLUSION
As a conclusion, the following subjective opinions and
considerations were developed.
The following conclusions were drawn up through the
theoretical and legal analysis of detection and
disclosure of criminal cases related to bribery:
1) Taking into account the high role and importance of
rapid search activities in the detection of bribery
crimes, we developed the stages of effective
implementation of rapid activities during our research.
2) It was justified that the word "state div, state-
participated organization or self-government div of
citizens" in Article 210 of the Civil Code of the Republic
of Uzbekistan should be deleted.
3) The author's definitions of the concepts of a person
who reported bribery and a person who had sufficient
information about bribery and did not report it were
developed.
4) Criminological description of crimes related to
bribery means criminalistically important information
about the motive, methods, time, place, identity of the
suspect and the victim of this category of crimes.
5) Detection and detection of crimes related to bribery
were divided into typical and complex typical
situations, and a sequence of investigative actions
(algorithm) that should be carried out for each of them
was developed.
REFERENCES
1.
https://lex.uz/docs/111453
(Applicable
date:
(10.08.2022)
2.
Law of the Republic of Uzbekistan "On Rapid
Search Activities" ORQ-344, December 25, 2012
3.
G'.A. Abdumajidov. Criminalistics: Textbook.-T.,
2003.-B.219.
4.
Alimova R.A., Norboev A.N. Crimes investigation to
do Methods : Study manual . - T.: TDYuI publishing
house , 2007. - B. 12.
5.
Vozgrin, I. A. general rules of the methodology of
investigation of certain types of crimes. L., 1976.
Pages 6-9; Kolesnichenko, A. N. general rules of the
methodology of investigation of certain types of
crimes. Kharkov, 1976. pp. 19-20.
6.
Drapkin
L.
Ya.
Predmet
dopozyvaniya
i
criminalisticheskie kharakteristiki prespleniy I V sb.:
Krimina ¬listicheskie kharakteristiki v metodike
rassledovaniya prespleniy. Sverdlovsk: UrGU. 1978.
S. 17.
7.
R.A. Zufarov "Criminal liability for bribery"
Monograph. T-2004 B-26
8.
https://m.kun.uz/news/2022/06/20/uzbekistondagi-
porakhorlik-statistikasi-elon-qilindi
(Applicable
date: 09/08/2022)
9.
Criminalistics: Oliy Okh University countries
students for textbook . G. Abdumajidov and chief -
T. : "Adolat", 2003 - 362 p.
10.
See: Golovin A.Yu. Kriterii tipizatsii sledstvennyx
situatsiy
i
nekotorye
problemy
sovershenstvovaniya
metodik
rassledovaniya
otdelnyx vidov prespleniy // Aktualnye problemy
prava i pravoprimenitelnoy deyatelnosti na
Volume 04 Issue 07-2024
17
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
10-17
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
sovremennom
etape:
materialy
Mejdunarod.nauchno-praktich.konf.
Krasnodar,
2013.
–
P.98-102.
11.
Uzbekistan Republic President Decree No. PF-60
dated 28.01.2022
12.
https://lex.uz/docs/111453 (Date of application:
12.02.2024)
13.
https://lex.uz/docs/111453 (Date of application:
12.02.2024)
