Volume 04 Issue 02-2024
127
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
127-130
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, the nature of the investigative action of inspecting the scene of the incident, the concept of the stage
of preparation for examining the scene of the incident. There has also been an attempt to improve the preparation
for the survey in order to improve the effectiveness of the survey of the scene. To this end, in the practice of
Investigation, measures have been developed that will be carried out precisely on the issue under consideration, in
preparation for consideration in any situation. It has been proposed to strengthen the issue of preparing for the
incident in the legislation in order to increase the responsibility of the participants in the survey of the scene, to ensure
the effectiveness of the investigative action.
KEYWORDS
Inspection of the scene, investigative action, preparation, collect evidence, investigative suitcase, forensic tools,
guarding scene, operative investigative group.
INTRODUCTION
Article of 135-141 of Criminal Procedure code
mentioned the independent investigative action is
observation of the scene. Rurally, it is the first step to
collect evidence as well as the vital investigative action.
It provides many well results of investigative actions
which is efficiently and reconstruct real event and find
a crime rapidly also collect evidence efficiently. Any
kinds of efficiently work depends on prevalence of
good preparation. So must be prepared to observe the
scene correctly and efficiently.
Result of inspecting the scene timely and tightly which
provides finding crime rapidly and good consequence
of investigation. The investigator was reported with
information as well as event by somediv soon the
firstly he must take information about state of the
scene and other vital informations. Then, before the
investigator went to scene, he would check
Research Article
MEASURES TO ENSURE THE EFFECTIVENESS OF THE PREPARATION FOR
THE INSPECTION OF THE CRIME SCENE
Submission Date:
February 19, 2024,
Accepted Date:
February 24, 2024,
Published Date:
February 29, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue02-22
Juraev Farkhodjon Makhmudjon ugli
Lecturer at the Department of Criminal Procedure Law of the Academy of the Ministry of Internal Affairs 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 02-2024
128
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
127-130
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
investigative suitcase which was full of forensic tool
and other necessary things which they belong to work.
In criminalistics, inspection of the scene is divided into
three levels:
1)
Preparing to inspect the crime scene;
2)
Conducting inspection of the scene;
3)
Finishing the inspection of the scene and
noting results of the scene.
Preparation for inspecting of the scene is stage
consisting in the organization and implementation of
the necessary measures until the beginning of the
survey of the place where the accident occurred from
taking information about crime or incident to arriving
of operative investigation group to crime scene.
Good results of inspection of the scene belongs to
carefully and well preparation. So the preparing to
observe the scene is divided into two levels:
1.
Preparation of observing the scene before
arriving to place;
2.
Preparation of observing the scene after
arriving to place.
D.N.Balashev,
N.M.Balashov,
S.V.Malikovs
also
approved this opinion, preparing inspection of the
scene includes two levels, exactly preparation of the
observing the scene before arriving to place and after
going to event place.
These opinions of scientists were expressed by
A.O.Sharafutdinov also confirmed, the investigator's
actions in inspecting the scene of the incident consist
of two steps, until the scene is reached and the
investigator's actions until the scene is reached,
depending on whether the incident took place at the
scene:
–
to receive information from duty unit about the
incident and the conditions of inspection;
–
to get the number of the event which was listed in
the first book or list of second journal;
–
to take measures to ensure the protection of the
place where the incident occurred;
–
determine the participants who are related to
incident place;
–
preparing technical forensic tools and investigative
suitcase.
In addition, next actions of investigator would be after
he arriving to crime scene:
–
to identify the victims health for helping to provide
medical assistance;
–
finding witnesses or other people who knew or
saw the crime to converse;
–
prosecute criminals rapidly and organizing
guarding incident place from strangers;
–
divide into functions of participants and filling
handbook.
Nowadays, some drawbacks are occurred investigative
practice which some operations are not done on time
efficiently. For example, operative investigation group
had not arrived timely. In result, vital evidences such as
foot prints, fingerprints are became extinct naturally
by someone. In addition, the fact that the instruction is
not carried out with the participants in the survey is
due to the fact that arbitrary movement by them does
not carry out the work performed by them in sufficient
or high quality. the fact that the instruction is not
carried out with the participants in the survey is due to
the fact that arbitrary movement by them does not
carry out the work performed by them in sufficient or
high quality.
Volume 04 Issue 02-2024
129
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
127-130
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Additionally, non-availability of some technical forensic
tools, failure of video cameras to meet technical
requirements leads to low quality recording of
investigative action and reduce the opportunity of
checking evidences.
In our opinion, main ways of reducing the variety of
drawbacks. For instance, increasing importance of
preparation for the investigation of the accident scene
by investigative organs and their official workers and
preparatory measures should be strengthened by
legislation.
Inspection of scene divided into many operations
without not deny preparing for inspecting the scene:
1.
Reporting information about event to
investigator and other procedure participants.
Also, we can divide that action into two stage:
first one is before the arriving to the incident
place; second one is after the arriving to scene.
2.
Actions which are depended on laws of
inspecting of crime scene. According to this
gap, to provide obeying the constitutive and
criminal laws is the main goal of that.
3.
Further create safety and organizational
operations for convenient conditions in
observing crime scene. This includes: safety of
observation scene; enclosing the place; get out
of participants who are not related to event;
save the status of crime scene; to prevent
extinction of evidence, footprints, fingerprints,
necessary things; consists of measures aimed
at correcting or reducing the consequences of
an accident (extinguishing or preventing a fire)
and providing assistance to the victim.
4.
Organizational-tactic operation which is
belonged to provide material and technics for
inspecting of crime scene. That helps to
investigator to inspect the crime scene easily
and it provides necessary things for instance,
special tools, modern photo, video cameras
and other technical tools which are been in the
investigative case. In addition, modern
transport is an important technology for the
operative investigation group to help to stay in
time.
5.
Measure
for
forming
composition
of
participants of inspection of crime scene.
6.
Reporting vital information to investigator and
other, when operative investigation group
arrived to incident place.
Admittedly, it is necessary to take into account the
types of phenomena for preparing to inspect or
investigating the scene.
According to previous opinions, the Criminal Procedure
Code must be added to Article 137 of the new part in
order to ensure the effectiveness and effectiveness of
preparation for the investigation of the crime scene:
An official worker who carries out an inspection of the
scene of the incident should carefully prepare for the
inspection
and
take
all
appropriate
legal,
organizational and tactical and technical measures.
In our opinion, the implementation of above
recommendations and their strengthening in the law
will serve to ensure the effectiveness of the
investigation by increasing the responsibility of the
officials who are directly implement it and other people
who are participating in the inspection of the place
where the incident occurred.
REFERENCES
1.
Kovaleva M.G. Initiation of a criminal case and
ensuring its legality and validity: Dis. ... cand.
Jurid. Sciences'.
–
St. Petersburg, 2005.
–
p. 19;
Volume 04 Issue 02-2024
130
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
127-130
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
1.
Kozhokar V.V. Initiation of a criminal case: a
question of theory and practice: Abstract.Dis.
... cand. Legal. Sciences.
–
M., 2016.
–
P. 26;
Lepeev V.N. Problematic tactics of initiating a
criminal case: Dis. ... Candidate of Law.
sciences'. - Vladivostok, 2004.
–
p. 17.
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T.B.Mamatkulov,
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Republic of Uzbekistan, 2021.
–
253 p.
3.
T.B.Mamatkulov,
Sh.T.Djumanov,
U.T.Turgunov and others. Criminalistics:
Lecture
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T.: Academy of Internal Affairs in
Republic of Uzbekistan, 2013.
–
69 p.
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D.N. Balashov, N.M. Balashov, S.V. Malikov. M.
Criminalistics: Lecture
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INFRA
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Sharafutdinov A.O. Inspection of the scene:
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T.: Academy of Internal affairs of
Republic of Uzbekistan, 2021.
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20 p.
6.
The decision of the prosecutor general's Office
of the Republic of Uzbekistan dated November
2, 2020, approved in accordance with Annex 1
of Resolution No. 40, 01-02/22-56, 46 of the
Ministry of Internal Affairs, Ministry of
Emergency Situations, Ministry of Defense,
State Customs Committee and National Guard
62, 30, 78, 27 "on the procedure for receiving,
registration and consideration of criminal and
incident application, message and other
information. The joint decision of the
Prosecutor General's Office of the Republic of
Uzbekistan, the Supreme Court, the state
security service, the Ministry of Internal Affairs,
the Ministry of Defense, the State Customs and
tax committees of March 1, 2018 "on approval
of the instruction on the procedure for taking
first-line measures aimed at changing the state
of the accident, preventing the loss or
destruction of scene.
7.
Criminal Procedure Code of Republic of
Uzbekistan (until 01.07.2021) // http: //lex.uz
(National database of legislative acts of the
Republic of Uzbekistan).
