Certain Aspects of Search During Investigation of Illegal Extraction of Precious Organogenic Stone

Yana Pustovoitova
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Abstract

The article based on the study of scientific sources and investigative practice examines the features of the search during the investigation of illegal extraction of precious stones of organogenic formation. It is noted that the search is the investigative (search) action that is carried out in almost every criminal proceeding during the investigation of illegal extraction of precious stones of organogenic formation. At the same time, the procedure is multifaceted, which is due to the need not only to achieve the task of justice but also not to restrict the rights and freedoms of citizens. It is noted that in preparation for this investigative (search) action it is mandatory to obtain information: about the persons who will be searched; about the objects you need to find; about the place where the search will be conducted.The efficiency of the organization of the tactical operation “Group Search” is argued. It is noted that if there are several places of search, it is necessary to conduct a tactical operation “Allowing a search with a negative result”.However, if the wanted persons are to be detained, a tactical operation “Search – Detention” is being carried out. The author gives the list of objects that are the object of the search and the criteria for their delimitation in the investigation of illegal extraction of precious stones of organogenic formation. Attention is paid to the tactical and organizational principles of this investigative (search) action. Several problems during searches in criminal proceedings of this category are analyzed and ways to eliminate them are suggested. Recommendations for quality evidence collection are provided. The author pays special attention to the fact that the success of the search and, ultimately, all effective and impartial pretrial investigation depends on the qualification of the investigator, timeliness of the search, use of tactics, performance of tasks.
非法提取珍贵有机宝石侦查中的若干搜查环节
本文在研究科学来源和调查实践的基础上,探讨了非法提取有机成因宝石调查中的搜查特征。值得注意的是,搜查是在对非法提取器官形成的宝石进行调查期间,几乎在每一项刑事诉讼中进行的调查(搜查)行动。与此同时,程序是多方面的,这是因为不仅需要实现司法任务,而且不需要限制公民的权利和自由。值得注意的是,在准备这一调查(搜查)行动时,必须获得以下信息:关于将被搜查的人;关于您需要查找的对象;关于进行搜索的地点。对“群搜索”战术行动的组织效率进行了论证。值得注意的是,如果有多个搜查地点,则有必要进行“允许搜查结果为阴性”的战术行动。然而,如果要拘留通缉犯,则正在进行“搜查-拘留”的战术操作。作者列出了在非法提取有机成因宝石的调查中作为搜查对象的物品清单及其划界标准。注意这一调查(搜查)行动的战术和组织原则。分析了这类刑事诉讼搜查中存在的几个问题,并提出了消除这些问题的方法。提供了收集高质量证据的建议。作者特别注意到,搜查的成功,以及最终所有有效和公正的审前调查,取决于调查员的资格、搜查的及时性、战术的使用和任务的执行。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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24 weeks
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