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PUBLISHED DATE: - 19-09-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue09-04
PAGE NO.: - 17-21
CRIMINALISTIC ASPECTS OF THE
INVESTIGATION OF CRIMES OF
INTENTIONAL HOMICIDE
Mirzaev Fakhritdin Ziyatovich
Senior teacher of the Department of Preliminary Investigation and Inquiry,
Law Enforcement Academy of the Republic of Uzbekistan
INTRODUCTION
It is known that the Decree of the President of the
Republic of Uzbekistan dated January 28, 2022 “On
the Development Strategy of New Uzbekistan for
2022-2026" No. PF-60 states that one of the
priorities to be implemented is to make justice and
the rule of law the most basic and necessary
condition for development in our country.
In order for justice and the rule of law to prevail in
our society, it is necessary, first of all, to protect our
citizens from various attacks on their health and
life. However, life is a natural human right
protected by criminal law. The right to life is an
inalienable right of every human being and it is
protected by law. Attempting to kill a person is the
most serious crime.
If we pay attention to statistical data, in 2022, 365
intentional homicides were recorded in our
country. According to international ratings, there
are 7 murders per 100,000 inhabitants in the USA
and Russia, 22 in Brazil, 3 in Kazakhstan, 2 in
Azerbaijan, Canada, and 1 in Uzbekistan. .
The law protects the life of any person, regardless
of his age, health, physical and moral qualities, from
birth to death. After all, everyone has the right to
life, freedom and privacy.
The right to life is the direct object of the crime of
intentional homicide. In this regard, it is necessary
to consider human life as its starting and ending
point.
Scientific abstraction takes the main place in the
method of investigation of murder crimes and it is
called criminalistic description of murder. Among
other types of crimes, in the investigation of crimes
of intentional homicide, scientifically based
methodological recommendations developed in
the science of criminology, especially the
RESEARCH ARTICLE
Open Access
Abstract
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criminalistic description of crimes, are considered
very important.
This conceptualization of a typical, criminologically
significant information system of a murder crime,
the
latest
analysis,
as
well
as
their
interrelationships, helps to form investigative
versions and to choose the right direction of
investigation.
Criminalistic description of the crime is a system of
describing the criminalistic features of the crime,
the person who committed it, the specific
characteristics of the method, mechanism and
environment of the crime, type, group and
individual crimes. Its subject matter and specificity
are aimed at ensuring the successful resolution of
the problems of certain criminal acts and the
detection, investigation and prevention of crimes.
In order to achieve the intended goal in the
investigation of intentional homicide crimes, the
investigator must first of all understand the
criminalistic description of the crime he is
investigating. In particular, this issue has its own
characteristics in the crimes of intentional
homicide, and this aspect distinguishes this type of
crime from other types of crimes. During the
investigation, the investigator determines the
existence of a causal connection between the
committed act and the resulting consequences and
its severity; use of special knowledge and
criminalistic methods to solve crimes quickly and
fully; it is important to determine the scope of cases
that need to be proven and determine the
algorithm of investigation and procedural actions
required to be carried out on them.
Although the criminalistic description is important
in the investigation of homicide crimes, the
analysis conducted during the study shows that
most of the investigators and investigators
working in the current forensic practice do not fully
understand what the “criminalistic description” is.
Therefore, we found it appropriate to first explain
the concept of criminalistic description and the
definitions given to it by scientists. After all, as
B.E.Esimbetova said, “Criminalistic description of
crimes has always been the focus of attention of
scientists, so scientific studies were conducted in
this regard”. However, there is still no consensus
among scientists about what should be understood
by criminalistic description.
In particular, G.A.Abdumajidov defined the
criminalistic
description of crimes as “summarized
evidentiary information about the most important
aspects of the considered types of crimes and a
system
of
scientific
conclusions
and
recommendations based on them” .
In turn, A.F.Lubin stated that “considers the
important inferential knowledge of criminal
activities as a criminalistic description, works as an
“informational means of investigation” along with
organizational and technical tools” .
According to A.M.Shmonin, “it is not accidental that
the criminalistic description of crimes appears as a
systematic description of the important aspects,
characteristics, signs and internal relations of the
object reflected in it. This is related to the in-depth
development of the methodology of investigating
certain types of crimes, as well as the formation of
the theoretical foundations of criminalistics”.
We fully support A.M. Shmonin's opinion. In fact, all
crimes in the Criminal Code are distinguished from
each other by their structural elements, method of
commission, place and other aspects. Including the
crime of premeditated murder, it differs from other
crimes by the important aspects, features and
characteristics of the object. Based on this, we can
conclude that the criminalistic description of each
type of crime should be formed separately.
N.A. Selivanov also confirmed our above opinions.
According to him, the criminalistic description of
the specific crime is formed as a result of the study
of the crime and is its result.
L.Ya.Drapkin believed that the criminalistic
description of crimes is a set of the most general
circumstances that reflect the important aspects
and characteristics of any crime, and they should
be determined by procedural means during the
investigation and trial of a criminal case .
In our opinion, the definition given by
L.Ya.Drapkin is universal and is considered the
most universal definition.
According to R.S.Belkin, the criminalistic
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description of a specific crime cannot fulfill the
tasks it has as an element of the criminalistic
methodology, and in practice it is not needed at all.
We do not agree with the above opinion of RS
Belkin. In our opinion, each crime has its own
criminalistic aspects. These aspects are acceptable
in one way or another through the criminalistic
analysis of a specific crime. To date, the
criminalistic description of crimes is the final
branch of criminalistics, an integral element of the
methodology of crime investigation, without which
we believe that it is impossible to form special
methods of investigating certain categories
(groups, types) of crimes.
Thus, if we think about the criminalistic description
of the crime of intentional homicide, the
methodology of the investigation of the crime of
homicide
includes
recommendations
for
performing a set of actions to determine whether
the death of a person occurred due to murder or
other reasons during the investigation. Therefore,
in all cases where a div is found or when
information is received about a person’s
disappearance for unknown reasons, it is
necessary to conduct an investigation in
accordance with the rules of investigation of the
crime of murder. In most cases, unsolved
homicides are attributed to poor quality of initial
investigation and search operations and the lack of
evidence of homicide.
In the investigation of murder crimes, the time of
the crime, the place of the crime, the method, the
guilt of the person who committed the crime, the
reasons for this crime; as well as the circumstances
describing the person of the accused, the
characteristics and level of the damage caused as a
result of the crime; factors that contributed to the
commission of the crime and other circumstances
related to the crime should be determined. The
characteristics of the elements listed above prevail
in the investigation of murder crimes.
A criminalistic description describes the main
features and characteristics of important sources
of evidentiary information specific to the crimes
under investigation. For the criminalistic
description of murder crimes, the sequence of
identification of these signs plays an important role
during the detection and investigation of the crime.
Therefore, when describing the characteristics of
the signs of murder, it is necessary to describe the
sequence
determined
by
the
specific
characteristics of the investigation of this type of
crime and based on the level of their actual
occurrence.
The criminalistic description of the crime of
murder consists of the following elements:
- preliminary information about the crime; system
of information on the method of committing and
concealing the crime, their consequences; the
identity of the alleged perpetrator; the identity of
the victim and the circumstances of the crime: time,
place, circumstances, etc.
According to E.P.Ishchenko, the basis of the
criminalistic description of murder crimes is the
objective processes of committing and concealing
these crimes, which determine the forms of actual
reflection of the symptoms of the case. Its elements
are:
1) typical criminalistic situations of the crime of
murder. In this case, murders committed using
firearms, explosives, poisons, as well as by
organized criminal groups, as well as in quarrels,
on sexual grounds, maliciously, with low
intentions, hooliganism or orders, concealment,
masking or absence of witnesses to the crime, and
other circumstances are emphasized.
2) information on the subject of a criminal
attack on a person's life; (this element is often
obvious).
3) information about the most common
methods of committed homicide crimes, which are
inextricably linked to a specific situation and
characterized by great diversity in terms of tools,
methods of their use, time, place and state of
aggression.
According to N.P. Yablokov, the sequence of
identification of these signs during the detection
and investigation of the murder plays an important
role for the criminalistic description of the crime of
murder. Therefore, when describing the
characteristics of the signs of murder, it is
necessary to describe the sequence determined by
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the specific characteristics of the investigation of
this type of crime and based on the degree (speed)
of their actual occurrence.
T.V.Averyanov and R.S.Belkin argue that the
criminalistic features of the crime of murder allow
us to consider the most common reasons for
opening a criminal case - reports of a found corpse,
statements made by witnesses and victims, their
relatives, etc.
According to N.G.Shurukhnov, the criminal
description should consist of the following
elements:
a) method of committing and concealing the
crime;
b) crime scene;
c) the time of the crime;
d) crime traces.
According to I.R.Astanov, the criminal description
of murder includes the following:
a) method of committing a crime;
b) motives of criminal action;
c) crime scene;
d) crime time;
e) consequences of the event;
f) crime traces.
Based on the analysis of the above scientists and
practical experience, we believe that the
criminalistic description consists of the following
elements:
1. The identity of the criminal;
2. The identity of the victim;
3. Crime scene;
4. The time of the crime;
5. The method of committing the crime and
concealing it;
6. The situation in which the crime was committed;
7. Consequences of the incident;
8. Criminal motives;
9. Traces of crime;
10. Typical incident location information.
The crime scene and the place where the div was
found are an important source of information
about the way the crime was committed, the
mechanism of its commission, the circumstances of
the crime, the identity of the criminal and the
victim. The place where the crime was committed
and where the div was found are often the same
place, and their coincidence increases the
possibility of a quick identification of the
circumstances of the case.
The location of the incident is described by the
following characteristics:
- location in the region (in border areas - outside
settlements, near or far from transport highways,
abandoned places with few people's visits);
- closed areas - buildings, rooms, vehicles or open
spaces;
- the presence of traces of the actions of the victim
and the killer, as well as their interaction with each
other.
These characteristics determine the generality of
the search efforts necessary for the investigation of
the scene of the incident, and at the same time
provide a basis for making preliminary
assumptions about the circumstances of the
incident.
For the crime of homicide, first of all, infliction of
bodily injury caused mechanically (sharp-edged
objects, hard objects, firearms and firearms,
vehicles, etc.) is characteristic. In addition,
suffocation (hanging), drowning, poisoning, burns,
hypothermia, starvation, falling from a height, etc.
are rare features.
The method of the crime of murder is a set of
methods of committing, criminal weapons and
tools, as well as actions taken to prepare, commit
and hide the crime using them. The most common
types of homicide include:
- causing physical injury to the victim, both with
and without using various weapons;
- damage to blood vessels, suffocation, use of cold
weapons and firearms, etc.
- dropping from a height, drowning, burning, etc.
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(before that it is necessary to overcome the
resistance of the victim);
- intake of strong or toxic substances in an
impossible dose, etc.
Methods of concealing the crime of murder include
concealment of the div; destruction of criminal
weapons and other traces of crime; the killer
creating a false alibi for himself; as well as an
attempt to present the crime of murder as another
non-criminal act (for example, suicide, death due to
illness, etc.).
Based on the above, we can conclude that the
criminalistic description of the crime of homicide is
a very broad concept. This means that a more
serious approach is required in the investigation
process. Consequently, the process of investigating
the crime of murder is very intense and requires
many investigative actions. The result of these
investigative actions has a great impact in solving
the crime. This requires careful study of every
detail and insignificant (minor) things, in which it
is necessary to set the questions correctly, because
the result may depend on the solution of the
question.
REFERENCES
1.
Universal Declaration of Human Rights.
2.
Constitution of the Republic of Uzbekistan
3.
Esimbetova B.E. Improving the investigation of
crimes of intentional bodily harm. Yu.f.b.f.doc
(PhD) Diss. - T., 2022.
4.
Astanov I.R. Investigating violent crimes. Study
guide. - T.: Academy of the General Prosecutor's
Office, 2021.
5.
Shmonin A.V. Methodology criminalisticheskoy
methodology: monograph. - M., 2010.
6.
Criminalistics. Textbook. - T. Izdatelstvo TGYuI,
2008.
7.
Ideal traces in criminalistics / Suvorova L.A. -
Moscow: Yurlitinform, 2006.
8.
Shurukhnov N.G. Criminology: Course lecture /
N.G. Shrukhov. - M.: Eksmo, 2006.
9.
Ishchenko E.P., Toporkov A.A. Criminology:
Textbook. Izd. 2-e, ispr. i dop./Pod ed. Doctor of
law, professor E.P. Ishchenko - Yuridicheskaya
firm "Contract", "Infra-M", 2005.
10.
Abdumajidov.G'.A. Criminology: Textbook.-T.,
2003.
11.
Belkin P.C., Kochetov D.V. Nekotorye voprosy
metodiki rassledovaniya ubiystv. M. 2002.
12.
Criminalistics: Uchebnik / Otv. ed. N.P.
Yablokov. 2-e izd., pererab. i dop. - M.: Yurist',
2001.
13.
Provision
for
tracking.
Rassledovanie
prestupleniy povyshennoy obshchestvennoy
odnosti / Babaeva E.U., Hayduk A.P., Dvorkin
A.I., Kasyanenko V.P., i dr.; Nauch. ed.: Dvorkin
A.I., Selivanov N.A.; Otv. za vyp.: Zavidov B.D.,
Perevertov V.A., Rumyantsev V.N. - M.: Liga
Razum, 1998.
14.
Rassledovanie ubiystv / Selivanov N.A., Soya-
Serko L.A. - M.: Manuscript, 1994g.
15.
Selivanov N.A. Soviet criminalistics: system
theory. - M.: Yurid. lit., 1982.
16.
Basalaev
A.N.,
Gunyaev
V.A.
Kriminalisticheskaya
charakteristika
prespleniy (obshchee ponyatie i prakticheskoe
znachenie) // Metodika rassledovaniya
prespleniy. - M., 1976.
17.
Lubin
A.F.
Mechanism
prestupnoy
deyatelnosti.
18.
Drapkin L. Yes. Problemy obshchey theory of
crime detection and criminalistic tactics
//Teoreticheskie
problemy
criminalisticheskoy tactics.
19.
Belkin RS. Criminalistic course. T. 3.
