Volume 03 Issue 05-2023
13
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
05
Pages:
13-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article is dedicated to the forensic classification of banditry as a crime, as well as the analysis of its specific
elements. The author discusses the individual characteristics of the persons who commit banditry, the unique features
of their victims, the places where banditry often occurs, the criminogenic situation, and the methods of committing
the crime. The author also presents the opinions of scholars on the forensic classification of banditry and engages in
scientific debate on this topic.
KEYWORDS
Banditry, forensic classification, crimes, element, perpetrator, victim, places where crime often occurs, methods of
committing the crime, unique features of the victim.
INTRODUCTION
According to the Constitution of the Republic of
Uzbekistan, an owner, at their discretion, shall possess,
use and dispose of their property. The use of any
property must not be harmful to the ecological
environment nor shall it infringe on the rights and
1
Constitution of the Republic of Uzbekistan. Tashkent.
Адолат
-2022.
https://constitution.uz/uz/clause/index#section2
legally protected interests of citizens, juridical entities
and the state
1
. The right to property plays an important
role within an individual’s rights, and its corresponding
legal protection serves as an indicator of the
population’s economic well
-being.
Research Article
THE FORENSIC CLASSIFICATION OF BANDITRY AS A CRIME
Submission Date:
May 12, 2023,
Accepted Date:
May 17, 2023,
Published Date:
May 22, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue05-04
Rakhmatullaev Muzaffar Talgatovich
Head Of The Investigation Department Under The Department Of Internal Affairs Of Samarkand Region,
Colonel, Uzbekistan
Saydazimov Mirjalol Narjigitovich
Major, Teacher Of The Department Of Investigative Activities 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 03 Issue 05-2023
14
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
05
Pages:
13-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In accordance with the European Convention for the
Protection of Human Rights, individuals have the legal
right to dispose of their property. Governments cannot
deprive individuals of their property without
justification, and other individuals have no right to do
so either
2
.
According to the reports in 2022 of the Department of
Internal Affairs of Samarkand region, crimes against
personal property accounted for 31.7% of all registered
crimes in the region. At the provincial level, 16 criminal
cases related to banditry have been filed, of which 14
cases, or 87.5%, have been sent to the appropriate trial
with the indictment. The subject under analysis is
highly relevant today, as the protection of property,
the establishment of social relations, and the stability
of individuals are crucial for both society and the state.
In this article, we highlight the features of the forensic
classification of the crime of banditry, specifically
focusing on elements that encompass the forensic
description. In particular, in the banditry, we analyze
the subject of the attack, the setting of committing a
crime (place and time), as well as the methods of
committing the crime, the mechanism of trace
formation, information regarding the identity of both
the victim and the perpetrator.
To date, scientists have not reached a unanimous
consensus on the descriptive concept of criminalistics,
nor is there a singular opinion regarding its structural
elements.
G.A. Abdumajidov defines the forensic description of
crimes as "a compilation of evidence-based
2
European Convention for the protection of human rights.
Protocol-1 Article 1. 1950 //https://uz.zahn-info-
portal.de/wiki/European_Convention_on_Human_Rights#Arti
cle_1_-_property
3
Abdumajidov G.A. Criminalistics: Textbook.- T.,2003.- P.219
information on the crucial aspects of the types of
crimes being examined, along with a system of
scientific conclusions and recommendations derived
from them
3
".
T.B.Mamatkulov and a group of scientists believe that
the forensic description of crimes is understood
through symptoms of forensic significance, including
the type, group and method of committing a specific
crime, as well as mechanism and specific circumstances
reflected in the personality of the crime subject and
other factors. These aspects contribute to the effective
resolution of tasks related to the investigation and
prevention of specific criminal acts
4
.
According to R.A. Alimova and A.N. Norboev, the
concept of a forensic description should include in its
composition
scientific
conclusions
and
recommendations that will be developed based on
them, in addition to the most important signs of
evidential significance of certain crimes
5
. This
statement indicates that these authors perceive the
forensic description of crimes as a comprehensive
concept that encompasses both theoretical and
practical aspects.
N.P. Yablokov observes that “the typical forensic
description of a crime type is evident in the
characteristics of elements such as type, category, the
systematic scientific description of significant
criminalistic features of the group and modus
operandi, the mechanism and context in which they
occur, and their personality. The subject and other
inherent elements of the described crime type, along
4
Mamatqulov T.B. Criminalistics: textbook/ Academy of
Internal Affairs of the Republic of Uzbekistan, 2021.- 384-P
5
Alimova R.A., Norboev A.N. Methods for investigating
crimes: a tutorial. - T.: TDYI publishing, 2007. –12 p.
Volume 03 Issue 05-2023
15
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
05
Pages:
13-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
with understanding the interconnections between
them and the essence of the description, contribute to
the successful investigation of crimes
6
.”
S.I. Vinokurov provided a concise explanation of this
concept, defining forensic description as a scientifically
constructed system of typical indicators of a specific
type of crime. It enables the identification of trace
formation mechanisms and facilitates comprehension
of the primary investigation tasks
7
. The general
concept of forensic signs can be summarized in the
following definition: a forensic description is a dynamic
system of interconnected indicators of a crime, which
are evident in the method and mechanism of the crime,
as well as in the personalities of the perpetrator and
the victim.
It should be noted that the subject of criminal
aggression holds significant importance in the
structure of forensic description, as information about
it enables investigators to specify and conduct
necessary search activities.
Within the elements of the crime under consideration,
the subject of aggression can involve property
belonging to someone, as well as human health.
Property can take various forms, such as cash or
securities in the currency of the Republic of
Uzbekistan, bank cards belonging to foreign banks,
6
Yablokov.N.P. Criminalistics: textbook for universities. Ed.
3rd, revised. M., 2005. P. 64 //
Яблоков.Н.П.
Криминалистика: учебное пособие для вузов. Изд. 3
-
е,
перераб. и доп. М., 2005. С. 64
7
Vinokurov. S.I. Forensic characteristics of the crime, its
content and role in the construction of the investigation
methodology. Crime investigation methodology (general
provisions). M., 1976. P. 101. //
Винокуров.С.И.
Криминалистическая характеристика преступления, ее
содержание и роль в построении методики
расследования. Методика расследования преступления
(общие положения). М., 1976. С. 101.
jewelry, coin collections, precious medals, antique
items (icons, paintings, and other valuable objects),
clothing, computer and household appliances,
vehicles, and more.
Information describing how a crime was committed
constitutes one of the most important structural
elements of criminal acts. However, when it comes to
defining this concept, scientists have put forward
different points of view. For instance, A.N.
Kolesnichenko describes the method of committing a
crime as a combination of individual actions and
methods employed by the subject in a certain
sequence, referred to as “an expressed me
thod of
criminal behavior”
8
.
According to R.S. Belkin, “this refers to a system of
actions performed by an individual, influenced by the
subject and circumstances of criminal aggression, with
the aim of achieving a criminal objective and connected
by a un
ified criminal plan”
9
.
In our opinion, N.P. Yablokov provided a more accurate
definition of this concept, referring to it as “an
objectively and subjectively determined system of
actions performed by the perpetrator before, during,
and after the commission of the crime. It involves the
use of criminological methods and tools to understand
the nature of the criminal behavior, analyze the traces
8
Kolesnichenko.A.N. General provisions of the methodology
for investigating certain types of crimes. Kharkiv,
1965. P. 18. //
Колесниченко.А.Н. Общие положения
методики расследования отдельных видов преступлений.
Харьков,
1965. С. 18.
9
Averyanova.T.V., Korukhov Yu.G., Rossinskaya E.R.; ed.
Belkina R. S. Criminalistics: a textbook for
universities. M., 2000. P. 66. //
Аверьянова.Т.В., Корухов Ю.
Г., Россинская Е. Р.; под ред. Белкина Р. С.
Криминалистика: учебник для
вузов. М., 2000. С. 66.
Volume 03 Issue 05-2023
16
International Journal Of Law And Criminology
(ISSN
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VOLUME
03
ISSUE
05
Pages:
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(2021:
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(2023:
6.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
left behind, and determine the most effective
approaches to solving criminal cases”
10
.
It should be noted that the methods used in
committing banditry are generally more aggressive
compared to other crimes. In this type of crime,
banditry attacks often involve causing light, moderate,
or severe bodily harm, as well as threats of violence
that may lead to the victim's death.
Typically, thorough preparation is an integral part of
the method employed in these types of crimes. This
involves various preparatory measures such as
identifying the target of the future aggression,
devising a detailed crime plan, seeking accomplices
and assigning specific roles to them, selecting the most
opportune time and place, disguising one's
appearance, acquiring firearms or bladed weapons,
and arranging for transportation if necessary.
The highest level of preparation is often directed
towards state or commercial institutions, such as
currency exchange offices or cashiers' offices, with the
intention of seizing valuable assets through banditry.
In such cases, criminals thoroughly study the
institution's operating hours, employee shifts, the
movement routes of personnel, security measures and
vulnerabilities, and other relevant factors. When
targeting individual citizens, the criminals would
investigate their lifestyle, determine the location of
valuable possessions, their quantity, and other related
circumstances.
Among the methods of banditry, the following can be
considered:
10
Yablokov.N.P. Criminalistics: textbook for universities. P.
65. //
Яблоков.Н.П. Криминалистика: учебное пособие
для вузов. С. 65.
1.
Sudden assault and violence in unattended
open spaces.
2.
Attacks in open fields, courtyards, or at house
entrances with the use or threat of violence.
3.
Forceful entry into residential buildings under
various pretexts or through violent means.
4.
Banditry conducted within the premises of
sellers, cashiers, bank employees, commercial
enterprises,
financial
institutions,
and
communication offices.
5.
Attacks on vehicle drivers with the intent to
steal money, luggage, or valuable items.
It should be noted that the above-mentioned methods
are not an exhaustive list and can vary depending on
the criminogenic situation in a particular area and the
individuals involved.
The circumstances surrounding the commission of a
criminal act are crucial elements in the composition of
the forensic description of a crime. Analyzing these
circumstances enables a detailed identification of
significant criminological indicators related to the
crime.
The circumstances of any crime are primarily
characterized by factors such as the location and time
of the incident. When selecting a location for their
criminal activities, perpetrators adhere to specific
conditions. They consider the intended target, the time
of day, and choose places that are less crowded,
allowing for a quick escape from the scene and easy
occupation of the victims' property. The chosen
location serves as the site for executing their planned
attack. For instance, the selection of apartment
building entrances or elevators as attack locations can
Volume 03 Issue 05-2023
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(ISSN
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VOLUME
03
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05
Pages:
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FACTOR
(2021:
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(2022:
5.
705
)
(2023:
6.
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)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
be attributed to the limited opportunities for victims to
resist the perpetrator. Furthermore, these areas
usually lack the presence of strangers who could
potentially help the victim defend themselves, notify
law enforcement authorities, or act as witnesses. This
enables criminals to carry out their crimes with ease
and convenience.
In today's judicial and investigative practices, typical
attack locations include railway stations, bus stops,
airports, intercity trains, office buildings, residential
buildings, entrances to yards and houses, parks, and
public transport stops, among others.
Attacks in open areas predominantly occur during
nighttime. This is because these places are less
populated, minimizing the chance of witnesses and
reducing the likelihood of encountering resistance.
However, certain locations such as "PayNet" stations,
communication company offices, warehouses, and gas
stations are particularly vulnerable to attacks at
specific times of the day. When targeting residential
buildings, criminals often choose times when
occupants are absent or sleeping. Attacks can also
occur during the day, shortly before lunch breaks or
before
the
closure
of
institutions,
financial
organizations, and jewelry stores, when customer
presence is minimal but there are still employees
present who can access cash registers.
The mechanism of trace formation in the commission
of the crimes we are considering is evident through the
presence of various types of traces. These include:
-
Traces of struggle at the crime scene, such as
marks or signs of physical altercation.
Fingerprints are frequently found on objects
like door handles, keys, tables, chairs, and glass
cabinets. Footprints can be observed on the
floor
surface
near
entrance
doors.
Microparticles may be present on chairs, sofas,
door frames, windows, seats, and seat belts in
vehicles.
-
Objects that carry olfactory information about
the perpetrator, including personal belongings
left at the scene, as well as sofas, armchairs,
and vehicles that were used by the criminal.
-
Items used for tying, such as tapes, ropes, or
wires, which may indicate attempts to restrain
or control victims.
-
Firearms, bladed weapons, or other objects
that were utilized as weapons during the
commission of the crime.
-
Traces left behind by shoes, fingers, and
vehicles at the time of escape, which can
provide valuable evidence for identification
and investigation purposes.
It is important to note that these traces serve as crucial
forensic evidence in the determination of the criminal
activities and can significantly contribute to the
successful investigation of the crimes in question.
The personality of the criminal is a crucial element in
the content of the forensic description of a crime.
Without
considering
information
about
the
characteristics of the perpetrator, a thorough forensic
analysis cannot be conducted. Following any criminal
activity, valuable information about the criminal's
socio-psychological traits, criminal experience, special
knowledge and skills, gender, age, and other relevant
factors can be obtained.
It is worth noting that the majority of the crimes
analyzed today are predominantly committed by men.
Women engage in banditry significantly less
frequently, with a rate seven times lower than that of
men.
Volume 03 Issue 05-2023
18
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
ISSUE
05
Pages:
13-19
SJIF
I
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Within the age spectrum, a significant portion of
banditry is committed by individuals between the ages
of 16 and 40. Generally, adult criminals commit fewer
criminal acts than minors over a given period, but they
tend to be more meticulous in their preparations. Their
groups often consist of two or three people and
engage in multiple consistent crimes or cause
significant damage.
On the other hand, minors often exhibit spontaneous
and demonstrative criminal behavior without prior
planning. They tend to display aggressive and rude
behavior. Their groups are typically less organized and
tend to be unstable.
It is crucial to determine the specifics of the victim's
behavior before, during, and after a crime in order to
conduct a comprehensive and unbiased investigation
of a criminal case. Without understanding the victim's
actions and reactions, it becomes challenging to
determine the underlying causes of the crime and the
circumstances
that
facilitated
its
occurrence.
Therefore, studying the identity of the victim is
essential in shedding light on the nature of the crime.
Furthermore, during the investigation of a criminal
case, it is important to consider instances where the
victim may be concealing other crimes or staging the
crime for alternative reasons
11
.
Therefore, during the investigation, it is crucial to
collect information about the victim's identity, their
lifestyle, acquaintances, and contacts. This category
often includes vulnerable individuals such as the
elderly, women, and teenagers who may not be able to
11
Komissarov.V.I. Forensic characteristics of robberies and
assaults // Law and economics: interdisciplinary approaches in
science and education. XII International Scientific and Practical
Conference. In 4 parts. Moscow. 2017. S. 221-227 //
Комиссаров.В.И. Криминалистическая характеристика
actively resist during a criminal attack. Additionally,
individuals who possess significant wealth in the form
of money, jewelry, and other valuables are often
targeted as victims.
To accurately classify the crime under consideration,
investigators must have a strong understanding of the
relevant criminal legal norms. The forensic description
of the analyzed crime of banditry necessitates a
thorough and comprehensive examination. This is
because banditry and robberies share similar elements,
posing a challenge for investigators in correctly
assessing the situation.
CONCLUSION
In summary, the forensic description of banditry
underscores
the
importance
of
effectively
investigating this type of crime, resolving any
contentious issues that may arise during the
investigation, and paying attention to establishing
facts within the framework of the criminal case. The
ultimate goal is to facilitate the investigation process,
establish the guilt of the perpetrators, and ensure the
innocence of those who are not involved.
REFERENCES
1.
Constitution of the Republic of Uzbekistan.
Tashkent.
Адолат
-2022.
https://constitution.uz/uz/clause/index#sectio
n2
2.
European Convention for the protection of
human rights.
грабежей и разбойных нападений // Право и экономика:
междисциплинарные подходы в науке и образовании.
XII
Международная научно
-
практическая конференция. В 4
-
х
частях. Москва. 2017. С. 221
-227
Volume 03 Issue 05-2023
19
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
05
Pages:
13-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
1.
Protocol-1 Article 1. 1950 //https://uz.zahn-info-
portal.de/wiki/European_Convention_on_Hu
man_Rights#Article_1_-_property
2.
Reports of the Investigation Unit under the
Department of Internal Affairs of Samarkand
region
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Ғ
.
А
.
Криминалистика
:
Дарслик
.-
Т
.,2003.-
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Criminalistics: Textbook.- T.,2003.- P.219
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қ
улов
.
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ИИВ
Академияси
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б
// Mamatqulov T.B. Criminalistics:
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тергов
қ
илиш
усуллари
:
Ў
қ
ув
қ
ўлланма
.
–
Т
.:
ТДЮИ
нашриёти
, 2007.
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–
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Криминалистика:
учебное
пособие для вузов. Изд
. 3-
е, перераб. и доп.
М., 2005. С.64 // Yablokov.N.P. Criminalistics:
textbook for universities. Ed. 3rd, revised. and
additional M., 2005. P.64
7.
Винокуров.С.И.
Криминалистическая
характеристика
преступления,
ее
содержание и роль в построении методики
расследования. Методика расследования
преступления (общие положения). М., 1976.
С. 101. // Vinokurov.S.I. Forensic characteristics
of the crime, its content and role in the
construction
of
the
investigation
methodology.
Crime
investigation
methodology (general provisions). M., 1976. P.
101.
8.
Колесниченко.А.Н.
Общие
положения
методики расследования отдельных видов
преступлений. Харьков, 1965. С. 18. //
Kolesnichenko.A.N. General provisions of the
methodology for investigating certain types of
crimes. Kharkov, 1965. S. 18.
9.
Аверьянова.Т.В., Короухов.Ю.Г., Россинская
Е. Р.; под ред. Белкина Р. С. Криминалистика:
учебник для вузов. М., 2000. С. 66. //
Averyanova T.V., Korukhov.Yu.G., Rossinskaya
E.R.; ed. Belkina R. S. Criminalistics: a textbook
for universities. M., 2000. P. 66.
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Яблоков Н. П. Криминалистика: учебное
пособие для вузов. С.65. // Yablokov N. P.
Criminalistics: a textbook for universities. P.65.
11.
Комиссаров.В.И.
Криминалистическая
характеристика грабежей и разбойных
нападений
//
Право
и
экономика:
междисциплинарные подходы в науке и
образовании. XII Международная научно
-
практическая конференция. В 4
-
х частях.
Москва. 2017. С. 221
-227 // Komissarov.V.I.
Forensic characteristics of robberies and
assaults // Law and economics: interdisciplinary
approaches in science and education. XII
International
Scientific
and
Practical
Conference. In 4 parts. Moscow. 2017. S. 221-
227
