Bodykova Moldir

Criminalistical aspects of bribery investigation

The bribery is a dangerous misconduct. It hurts the credibility of government enforcement and agencies to discredit officials, violates the interests of citizens, causing material damage to the state, often accompanied by other crimes. The danger of bribery is also determined by a high degree of latency. Susceptible to bribery officials vested with the licensing - regulatory functions, in charge of the privatization, registration of commercial entities and private entrepreneurs, licensing and permits, loans and grants, lease of premises, acquisition of ownership of real estate, signing lucrative contracts.

Bribery - a collective term. It covers a three separate crime against the state, the interests of public service and service in local government (bribery, bribe and intermediation in bribery). Each of these encroachments on these interests as consummated acts cannot be done by itself, without connection with other crimes. They are therefore relative to each other in the position of the so-called 'necessary complicity "in which the absence of a bribe, and the absence of a means of obtaining it. Bribe-taking is to obtain a person authorized to perform public functions, or equated to face him, personally or through an intermediary bribes in the form of money, securities or other property rights to the property or the property benefits for themselves or other persons for acts (or omissions ) in favor of the briber or the persons he represents, if such actions (omissions) are included in official authority of the person authorized to perform public functions, or equal to it or face it because of employment status may facilitate such actions (inaction), as well as for the overall patronage or connivance in the service.

Bribe-taking is recognized consummated crime since the adoption of an official of at least part of the bribe. In cases where advance due to the bribe was not received due to circumstances beyond the control of bribe-taker (for example, by preventing the crime operatives at the time of transfer), the act they should qualify as an attempt to bribe [1].

In crimes of this type has a specific subject - the official. This leads to the need to explore the concept official definition of the constituent elements of its activities, which have forensic value, revealing the features of activity.

The elements of the structure of the crime and that are a system in which operating officer. When crime is used (or ignored) the organizational structure. Therefore it is impossible to develop a specific technique, without having studied a system in which operates subject of a crime (the more the system is, in most cases and subject to abuse).

One of the features of any officer (regardless of what functions it performs), is that this person always has a legal status established by law.

Committing a crime in all cases it is due to the fact that the officer violated, bypassed, ignored the situation, to comply with which it was required. Therefore, we should study the rules that govern official [2].

Bribery - one of the most difficult crimes to uncover and investigate crimes. This is due to the inherent features of the mechanism investigation.
A bribe is almost always passed in the absence of witnesses. Both members of the crime (the briber and the bribe-taker, and if there is a mediator, then well and he is) interested in crime, fear of responsibility and take all measures to conceal traces of their criminal activities.

Since all the crime shall bear criminal responsibility for their actions, they usually do not give truthful testimony and not give accomplices.

There are many cases of bribery for the commission of legal action. It means, determining whether bribery is complicated by the fact that the documents are not left traces of illegal actions of an officer, or leave marks that are only indirectly may indicate that self-serving interest of that person in making any decision.

Nevertheless, the material traces of problem-bribery still remain, in particular: in the passbooks, postal money orders, and in various management documents that reflect the decisions of officials (of admission to the post, admission to higher education, housing) in the materials accounting, reflecting the benefit of the bribe giver, the documents confirming the person stay in a specific location (travel documents, travel tickets, hotel bills, etc.).

When there is bribery ideal traces as well as arise too. It is very important to investigate the information may give a payer, his family members, colleagues, casual witnesses who saw the briber and the bribe-taker along, heard the conversation, or performed on behalf of the bribe certain actions in favor of the briber. [3]

Actions directly on the transfer of a bribe may be made during the personal contact briber or without such. In the latter case, the bribe is transmitted through intermediaries, is sent by mail, the money made on account of bribe-taker, acquired valuable property, often at the nominees. There are cases of mutual support services both the briber and the bribe-takers. For example, the investigator ceases to criminal proceedings in response to the illegal reception of his relatives at the school.
In cases where the activity of the subjects of bribery has extended or continuous nature, modus operandi may be in varies way. Most often they are repeated in its basic characteristics.

This element method bribery, the concealment, involves primarily the action to conceal planned or perpetrated the act. Masking techniques is to use a favorable environment for the transmission of a bribe. Subjects tend to exploit the conditions under which the acts committed on will not be known to the investigating enforcement or persons, being capable to report a crime. For this contacts givers, bribe-takers and facilitators are hidden. Their meetings take place without witnesses or a circle of trusted individuals. Sometimes disguised purpose of the meeting or seek to present as a random or a completely legitimate.

In situations where the named actions are clearly illegal, they are made to bypass the persons who may establish the wrongfulness of the operation. In this bribe himself performs some action or instructs their less principled colleagues. In some cases, especially when having to perform action clearly unlawful, bribe resort to falsification of documents reflecting the illegal operations. Such documents are often stored in violation of the rules are being destroyed before the time or withdrawn from the archives and stored in caches.

Among the circumstances to be established in the investigation of bribery include:

1) The number of participants in the crime:

a) bribe (an official, permanent or temporary holding of public bodies or institutions, organizations or enterprises, and enterprises in the property which the state share of more than thirty percent, a position associated with the implementation of the organizational-administrative or administrative duties, and authorized to perform legal acts);

b) the briber;

c) In the case of mediation - the mediator (a detailed description of each of them in the workplace and residence, relative to bribe - its relation to his official duties, the possible misconduct, living beyond their means, the acquisition of expensive things stand, alcohol abuse, etc., the presence and nature of previous convictions; asking questions in public relations were between the parties is a crime before and after it took place exactly what was done by each of them in preparation for and during the commission of the crime);

2) the purpose of bribery;

3) The motives for the crime:

a) a bribe - greed;

b) a bribery and a facilitator - self-interest, including the satisfaction of private and public interests, falsely understood the service of interest;

4) the circumstances affecting the degree and nature of the perpetrators, including mitigating circumstances:

a) an offense for the first time by coincidence or severe personal, family and other circumstances;

b) the service or any other addiction, the urge to give a bribe:

c) voluntary surrender;

d) sincere repentance and actively promote the disclosure of this and other crimes;

e) take measures to prevent or stop the activities due to a bribe, to prevent or neutralize its findings;

f) the false notion of interest in the production (by a desire to bribe to facilitate the work of their organization without their personal benefit);

The aggravating circumstances:

a) a bribe;

b) occupation of the responsible post of bribe-takers;

c) the existence of a conviction for bribery;

d) repeatedly bribery;

e) bribery in an organized group;

f) an exceptionally large amount of a bribe;

g) a combination of bribery or other crimes committed in exchange for bribes;

5) the circumstances and situation-giving bribe (time, place and conditions under which the crime was committed, the method of delivery of a bribe, who was present when a bribe, who could observe the interaction briber, bribe-taker and a facilitator at the time of the crime, etc. );

6) bribe, its symptoms, sources of funds for bribery;

7) the size of enrichment of the criminal bribe-taker and facilitator;

8) the presence or absence of a bribe, the specific circumstances under which extort bribes;

9) whether there has been pre-concealment of bribery, non-information about bribery, and the circumstances that contributed to bribery;

10) involve whether the problem is to obtain a bribe to the commission of other selfish and malfeasance.

The nature and sequence of the initial investigation for bribery determined by the content of official action (or inaction) bribe, the duration of the offense, special items bribes, completeness of primary materials on which the criminal case, the fact whether there was transferred to a bribe or transfer shall place, and others. Planning process for the investigation of bribery inherent in two features: firstly, at the very beginning of the investigation, in most cases there is sufficient evidence necessary for producing a detailed plan of the investigation: secondly, as a rule, put forward a relatively small number of versions. Investigative leads are based on the real or imaginary events of giving-receiving a bribe, whether or not the fact of her extortion, bribery, the number of episodes, number and role of the implicated persons, having regard to the crime with other crimes (such as forgery, theft) and some other circumstances. When planning the initial investigations should determine the scope, direction, methods of detecting evidence.

To investigate bribery typical search for evidence of following directions:

1) institution (enterprise, organization), which operates bribe;

2) place of residence bribe:

3) place of residence and work briber;

4) place of residence and work of the mediator:

5) residence ties participants bribery.

Investigation of bribery is a complex and significant in terms of process. In an investigation of this crime must be considered, to check and recheck a significant body of data that affect a variety of scientific knowledge. Without specialized investigation techniques of bribery cannot account for, select and organize the data that subsequently form the basis of evidence.

The technique will help to rationally organize the activities of the investigator, indicate at what points in the investigation is necessary to pay attention to what investigative actions must be implemented to perform the tasks assigned to the preliminary investigation, to observe the rule of law.

In an investigation of bribery should be taken into account and take advantage of this favorable situations (such as audit, inspection by the tax authorities, etc.), and where necessary to create them. In an investigation of bribery should be considered the personal characteristics of persons against whom criminal proceedings are pending. Most often, the subjects of bribery (the people who occupy high positions and have strong will power, which can often mislead the investigator, investigating a criminal case.

Considerable importance in the investigation has its careful planning, since it is necessary to take into account a large number of interacting and interrelated elements and more clearly and specifically articulate the problem and determine the best means of achieving them. Planning an investigation should be carried out in conjunction with the operational agencies. This allows us to distribute the efforts to solving the crime depending on the direction of the units.

Using the law provided the possibility of operational search activities; the investigation may obtain irrefutable documented facts of the crime.

Summarizing, we can formulate proposals that would enhance the effectiveness of combat bribery:

1. Necessary to adopt a common framework of measures aimed at limiting the spread and danger to society of all types of bribery (especially its most dangerous manifestations of (corruption) by passing a law "On Combating Corruption", which should establish measures to enhance law enforcement powers in the fight against corruption.

2. Creation of specialized groups, which would be composed of operatives. This would simplify the process of joint planning investigative actions and facilitate interaction between the entities involved in the investigation of bribery.

3. Investigation of bribery necessary to entrust the most qualified and experienced investigators, and the most complex and urgent cases are brought to the production of investigative prosecutors. This should be taken to ensure the legality of the investigation and effective use of statutory funds, and take timely measures to curb the illegal influence on the investigators and the individuals within the group to investigate in order to influence the course of the investigation and taken on the case decision.

It is believed that the measures would help reduce the amount of graft and improve the percentage of detection of this type of transgression.

References

1. Commentary to the Criminal Code of RK. General and Special Part / gen. Ed. I. Sh. Borchashvili, 2-nd edition. - Almaty: Zhety zhargy, 2009, P.992.

2. A.V. Dulov "Fundamentals of the investigation of crimes committed by officials" Minsk, 1985, P.64.

3. Criminology, ed. B.P. Smagorinsky, Volgograd, 1994, Volume 2, P.395.