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Many scientists note that forensic tactics is central to forensic science, is a common system crime investigation. Such a role is assigned to her due to the fact that forensic technology is used through tactics, without it it is pointless. In turn, the methodology for investigating certain types of crimes develops tactics in relation to the investigation of certain types of crimes, that is, again, it is based on tactics.
The term “tactics” first appeared in military science. Military tactics studies the objective laws of combat and develops ways and means, forms and methods of combat that are most appropriate to the concrete situation at the given moment and most likely to ensure success. In a figurative, more general content, in some way the term “tactics” is used in forensic science, it denotes a set of means and techniques to achieve the intended goal.
In Soviet forensic science, one of the first definitions of forensic tactics was given in 1938. “Forensic tactics,” wrote E. W. Zitzer, “is a system of preliminary investigation techniques, which makes it possible, on the basis of studying the characteristics of each specific investigative case, to implement the requirements of moral and procedural law in this case in the most efficient way and with the least effort and means.”
A.N. Vasiliev thinks that tactics, as part of forensic science, is “a system of tactics developed on the basis of special sciences, and mainly logic, psychology, scientific organization of labor, as well as a generalization of investigative practice for the application of logical methods of cognition, the formation of the psychology of the investigator’s relations” participants in investigative actions, organizing a systematic investigation of crimes in order to effectively collect evidence in accordance with the norms of the Code of Criminal Procedure”
A more precise definition of forensic tactics given by R.S. Belkin, who considers it as “a system of scientific provisions and developing on its basis recommendations for organizing and planning a preliminary and judicial investigation, determining the line of conduct of persons conducting a forensic investigation, and methods for conducting individual procedural actions aimed at eliminatingso, forensic tactics is defined as a system consisting of two relatively autonomous parts: scientific provisions and developing techniques and recommendations based on them.
The formation of forensic tactics as an independent area of research in forensic science, which took shape in one of its sections, dates back to the late 50s and early 60s.
The use by the investigator of not the most operational-search measures, but only the data obtained in this way, if the body of inquiry used special means when performing search actions on the instructions of the investigator, acquires a tactical character.
Therefore, the subject of study of forensic tactics is not the operational-search activity itself, but a rational and effective combination of operational-search and investigative actions, that is, the organization of interaction between the investigator and police officers in the investigation and prevention of crimes.
Forensic tactics, in addition to a close relationship with forensic technology and methods of investigating crimes, is associated with other legal and non-legal sciences.
The legal basis of forensic tactics is the norms of criminal and criminal procedural law. So, when developing tactics and recommendations, tactics cannot but take into account such categories as the concept of a crime, the elements of a crime, the subject and boundaries of proof, the types and procedure for performing procedural actions.
Forensic tactics are closely related to such sciences as logic and psychology, because the activity of the investigator is basically a mental, creative activity.
For example, the psychology of the person being interrogated, the psychology of contact, the psychological qualities of the investigator himself (observation, speed of reaction, attentiveness) cannot be ignored when developing and applying tactics. Logic in the construction of versions, logical analysis of testimony, interrogated, as well as the use of logical methods of thinking – this is an activity to establish objective truth in a case.
Forensic tactics is most closely related to the practice of fighting crime, because it, like forensic science in general, has arisen and is developing as a field of scientific knowledge that serves the needs of the practice of fighting crime. But the practice of combating crime is both a source of development of forensic tactics and a criterion for evaluating its recommendations.Forensic tactics and the practice of combating crime are interrelated and interdependent. At different stages of the development of science, this relationship is not the same. So, practice can be ahead of science, theory, and theory can be ahead of practice. For example, such investigative actions as an investigative experiment, presentation for identification, verification and clarification of testimony on the spot, first arose in practice and only then became the object of study of science. Having arisen in practice, a tactical technique (or a combination of them) as a result of scientific analysis and generalization becomes more done, scientifically substantiated and then introduced into practice, acquiring the character of scientific recommendations. At this stage, science is ahead of practice, stimulating its rise. Practice, in turn, having accepted the recommendations of science, improves them and again outstrips theory.
Forensic tactics develops means and methods of prevention, which can be divided into: a) establishing the causes and conditions that contribute to the commission and concealment of crimes; b) obtaining information about impending crimes; c) involvement of members of the public,
Thus, information about the causes and conditions of the commission of a crime is collected by the investigator in the process of conducting investigative actions. As a rule, these data should be clarified simultaneously with the establishment of other circumstances. However, sometimes for their study it may be necessary to carry out investigative actions, organizational measures precisely for these purposes. For example, interrogation of representatives of the administration and public organizations of the institution to find out the state of educational work in the team, familiarization with the production and economic activities of the enterprise in order to identify methods and sources of unaccounted for production, sending requests to the relevant organizations, etc.
In addition to general provisions, the content of forensic tactics includes:
– training sections about the forensic version;
– investigation planning;
– principles of implementation in the process of research of organizational and technical measures;
– principles of implementation in the process of investigation of interaction between the investigator and other employees of the bodies fighting crime;
– principles of using data obtained from operational sources in the investigation process;
– recommendations on the use of technical and forensic tools and techniques for collecting and issuingevidence follow;
– recommendations on the use of special knowledge and assistance of specialists during the preliminary investigation;
– recommendations on the use of public assistance in the investigation process;
– tactics and recommendations for conducting individual procedural actions
It should be especially noted that tactical methods of conducting procedural actions, although they are not the only element of forensic tactics, are its most important part, and the concepts of tactical reception and recommendations are among the basic concepts.
With the versatility of investigative activities and countless different situations that arise in investigative practice, tactics and develops advice on possible and acceptable methods – forensic recommendations. The investigator himself is obliged to decide how to apply this or that method (tactical) in a certain situation. Therefore, in relation to tactics, the concept of “recommendation” is used. It means that the investigator, within the framework of the law, has the freedom to choose tactics and apply them according to the situation. Ultimately, criminologists rightly come to the conclusion that a tactic and a recommendation are concepts, although not identical, but so inseparable that it is inappropriate to strictly separate them.
As the criminal procedural legislation develops and improves, certain tactics that were not previously mentioned in the law may receive legislative recognition and become the norm of the law.
Scholars believe that tactical techniques do not and cannot possess the sign of obligation, that there are no tactical rules in the procedural norms. In their opinion, a tactical technique that is static by the norm of the law loses its forensic essence, ceases to be a technique;
because tactics, they believe, presuppose the freedom of choice of technique by the investigator.
Other criminologists believe that a tactical technique that is static by the norm of the law does not cease to be a technique and does not lose its forensic content. Such a conclusion can be drawn from the very essence of the tactical technique.
Legislative regulation, fixing a tactical technique in the law means precisely the recognition by the legislator that this technique is the most effective, most expedient way of acting in the production of a certain procedural act, so expedient and effective that it must be applied in all cases. From what is givenThe first mode of action has become obligatory; it has not ceased to be a mode of action, that is, it has not ceased to be a tactical device.
Thus, whether a tactical device is mandatory or optional does not determine its essence. Obligation is an expression of the legislator’s assessment of a tactic as the most effective means of investigation or trial in a particular case. Tactics do not necessarily mean freedom of choice. Tactics is the right choice. If this choice is made by the legislator, then this is also a tactic, because the criterion for the correctness of this choice is the long-term scientifically based practice of applying any method.
Tactical methods can be classified on two grounds: according to the methods of legal regulation and according to the scope of application. In the first case, these are tactics prescribed by law as mandatory for execution in all cases. (For example, the one regulating the procedure for conducting a seizure and search says that the investigator, when starting a seizure or search, is obliged to present a resolution on this. After presenting the resolution, the investigator proposes to issue the instruments of crime, objects and valuables obtained by criminal means. , the legislator suggests the correct way to obtain evidence , while not infringing on the rights and freedoms of citizens. In addition, we can talk about tactics provided for by law, but used at the discretion of the investigator. , communicate with each other or other persons until the end of the search. The legislator enables the investigator, based on the specific conditions of the place and circumstances of the case, to decide this issue himself.) The purpose of this right is that the investigator acts on the basis of evidence available in the case and the possibility of preserving investigative action in secret from outsiders. And the last – those tactics that are not provided for by the criminal procedure law and are used in practice by the investigator to obtain evidence in the case. These include: “revitalization of associative links”, “detailing of indications”, “general analysis of indications” and others. According to the scope of application, tactics can be divided into methods of investigative action, methods of the stages of conducting an investigative action (preparatory, working and final stages), tactics of a separate type of investigative action, for example, a personal search.
Investigation of crimesis carried out in specific conditions of time, place, environment, in conjunction with other processes of objective reality, the behavior of persons who find themselves in the field of criminal proceedings, and under the influence of others, sometimes remaining unknown to him. This complex system of interactions forms the specific environment in which the investigator and other subjects involved in proving operate, and in which a specific act of investigation takes place. This situation has received in criminalistics the general name of the investigative situation. The investigative situation is a set of conditions in which the investigation is currently being carried out, that is, the environment in which the process of proving takes place. The investigative situation consists of the following groups of components:
1. Components of a psychological nature: the result of a conflict between the investigator and the persons confronting him, the manifestation of the psychological properties of the investigator, the persons involved in the case, etc.
2. Components of an informational nature: awareness of the investigator (about the circumstances of the crime, possible evidence, the possibilities of their detection and expert research, places of concealment of the desired, etc.); awareness of the confronting investigator and other persons involved in the case (about the degree of awareness of the investigator and witnesses, about the discovered and undetected evidence, about the intentions of the investigator, etc.)
3. Components of a procedural and tactical nature:
the state of the case, the possibility of choosing a preventive measure, isolating the persons involved in the case from each other, conducting a specific investigative action, etc.;
4. Components of a material and organizational and technical nature: the presence of communications between the duty and operational-investigative group; the availability of means of transmitting information from the accounting apparatus of the internal affairs bodies; the possibility of mobile maneuvering with available forces, means, etc.
The identification, based on the analysis of investigative practice, of typical situations that develop at different stages of the investigation of certain types of crime, and the development of recommendations regarding the range and sequence of investigative actions and other measures that should be carried out in each specific situation, is quite an urgent task.
The investigative situation determines the tactics of specific investigative actions. Its assessment is realized in a tactical decision. Tactical decision is the choice of the goal of tactical influence on the investigative situation.as a whole or its individual components, on the course and results of the investigation process and its elements.
To be successful, each tactical technique must have the following properties:
1. The admissibility of a tactic – that is, its suitability in terms of the legality, morality and scientific nature of sources, means and forms of influence on participants in legal proceedings.
The legality of a tactical technique lies in the fact that, by its nature, content and purposefulness, it must fully comply with the law or not contradict it, that is, it must not lead to violation and restriction of the legitimate rights and interests of citizens (for example, physical or mental violence, erroneous promises to release from -in custody in case of a guilty plea under no circumstances can be applied, because they are illegal). The ethics of a tactical technique means that immoral principles, such as the deceit of violence, a threat, cannot be used. Tactics that degrade human dignity are unacceptable and can never be justified. Scientific validity is the correspondence of a tactical technique to modern scientific achievements of both the sciences from which it is borrowed and the science of forensic science. The scientific validity of a tactical technique lies in the possibility of scientific prediction of the results of its application, as well as verification of its effectiveness in practice.
2. The accessibility of a tactical technique is the possibility of its use by every investigator, operative worker, judge, that is, he should not require from his implementation any additional ones that go beyond their professional knowledge and skills.
3. The ability of a tactical technique to help the effective use of scientific and technical means. This property does not apply to all, but only to a part of tactics. For example, most tactics used when examining a scene of an accident should create . necessary conditions for the most efficient use of technical means.
In addition, tactics should not:
1. Influence the position of the innocent, so as not to contribute to the recognition of non-existent guilt.
2. Justify the committed crime or downplay its public danger;
3. Facilitate speech from the side of the interrogated;
4. Use the ignorance of the interrogated in matters of criminal law and process;
5. To promote development in the interrogated low feeling, giving false testimony, committing immoral acts;6. Be based on the communication to the interrogated investigator of deliberately false information (for example, about the origin of documents or objects)
7. Undermine the authority of law enforcement agencies.
Sometimes tactics are referred to as investigative tricks or “psychological traps”. The latter are often interpreted for some reason as a deception, although this is not true. They are based not on deception of the interrogated person, but on the basis of such an assessment of the situation by him, which will lead the interrogated person to the need to make the right decision on his own.
Investigative cunning is maneuvering with reliable information, creating a situation during interrogation in which the interrogated person is disoriented about the degree of awareness of the investigator about the circumstances of the case, the presence of certain evidence.
What attitude such a tactic will have on the interrogated depends primarily on his attitude to the crime. If there is involvement, then having judged reliable information as relevant, she will be free to choose the course of action that she considers most appropriate for herself.
Tactical techniques, having a number of common properties mentioned above, differ in their structure. Some of them are simple actions (for example, choosing the direction of movement when examining the scene). Others are a complex action consisting of several parts (for example, preparation for interrogation includes studying the case materials, studying the identity of the person being interrogated, choosing a place, time, drawing up a plan, etc.).
But there are also such tactics, each of which actually consists of several methods, that is, it is a combination of them. This type of technique is called complex tactics or tactical combinations. “A tactical combination, – according to R.S. Belkin, – is a certain combination of tactics or investigative actions, pursuing the goal of solving a specific investigation problem and due to this goal and the investigative situation.”
In fact, a tactical operation, representing the conclusion of the investigator about the need to change the current situation by certain means, is one of the types of tactical decision.
The person conducting the investigation constantly faces the following investigative tasks, the resolution of which is possible only as a result of the implementation of a certain set of investigative, operational, revision and other actions aimed at achieving one goal. For example, to expose a particularperson in the commission of a crime, it is necessary to carry out a complex of procedural and non-procedural measures. It is in such cases, when it is impossible to achieve the set goal by the implementation of one investigative action, the investigator makes a tactical decision on the need for a tactical operation.
