Social and Legal Studios

Abstract

In terms of increase of unfavorable crime situation in Ukraine, the phenomenon of banditry is one of the main threats to public safety; in addition, numerous gangsters have a rather destructive impact on both the domestic economy and the European integration processes of our state. Despite numerous studies of the concept and features of banditry as a negative social phenomenon, issues regarding the implementation of the initial stage of the investigation of this crime, the effectiveness of which depends on the success of the investigation as a whole, still remains unresolved in the scientific literature. The article attempts to distinguish such features of the initial stage of the investigation by generalizing typical investigative situations that arise during the conduct of criminal proceedings against banditry and by identifying appropriate measures for conducting first-class investigatory actions. On the basis of these features, the method of investigating banditry at the initial stage is proposed. In particular, the author pays attention to the fact that the initial stage of the banditry investigation is characterized by typical situations, each of which is connected with specific features related to the moment and grounds for the assumption that there is a stable organized armed criminal group committing (plans to commit) attacks. One of the reasons for the gaps in proving banditry features at this stage of investigation is its one-sidedness, in which the main tasks of investigative (search) and other actions are considered to be the establishment of the circumstances of a particular attack and involved persons, and signs of the existence and activity of the gang is not sufficiently paid attention. Therefore, the version of the crime committed by a gang should be checked from the very beginning of the investigation of any armed robbery attack, including the initial interrogations of suspects. Under this approach, conditions are created to prove banditry elements in the actions of the criminal group, to neutralize attempts to counter the investigation, and ultimately to effectively solve the tasks of criminal justice

Keywords: gang, banditry, investigation, forensic technique, initial stage of investigation, investigative situation

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