Peculiarities of the special knowledge application in the investigation of taking a government official or law enforcement officer as hostage
Abstract
An effective investigation of any criminal offence is not possible without the use of specialised knowledge. Taking a government official or law enforcement officer as a hostage is no exception; on the contrary, from the moment information about the seizure is received, there is a need to engage specialists from various fields of knowledge, including a forensic expert, dog handler, explosives expert, etc.
The purpose of the study is to investigate the scientific findings on the definition of the concept of “special knowledge” and to clarify its role in the investigation of criminal proceedings under Article 349 “Taking a government official or law enforcement officer as a hostage” of the Criminal Code of Ukraine. To achieve this goal, the study used the following methods: analysis, synthesis, comparison, critical thinking, and systemic and structural methods, with the aim of conducting a thorough study of theoretical developments, results of investigative and judicial practice, systematising the results and formulating conclusions.
It has been argued that one of the ways to improve the efficiency of detection and investigation of crimes is to use specialised knowledge in the activities of law enforcement agencies. In particular, when investigating the taking of a government official or a law enforcement officer as a hostage, special knowledge should be considered as skills and abilities in a particular area which are used in criminal proceedings and contribute to establishing the truth in the case, which contributes to the effective completion of the investigation.
As a result of the study, the special knowledge has been classified, namely: by the procedural position of the person who uses it, by the form of expression, by the need to use special knowledge at a certain stage of investigation, by the form of the final result, by the field of knowledge, by the degree of secrecy, by the purpose of use, by the significance of the results obtained.
According to the results of a comprehensive analysis, three forms of special knowledge application are proposed in the course of investigation of taking a government official or law enforcement officer as a hostage: specialist involvement in investigative (detective) actions, appointment of forensic examinations and consulting.
The role of specialists when involved in conducting typical investigative (detective) actions, such as: inspection of the scene, interrogation and investigative experiment, has been described. An indicative list of specialists who can assist an investigator has been proposed, and the tasks which can be solved through such interaction have been outlined. An indicative list of tasks facilitated by the appointment of forensic examinations has been provided.
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References
Bidniak, H. S. (2019). Theory and practice of using special knowledge in fraud investigation. Dnipropetrovsk State University of Internal Affairs.
Bondar, A. V. (2019). Use of special knowledge during the investigation of property destruction or damage [Candidate dissertation, National Academy of Internal Affairs].
Diachuk, V. I. (2010). Use of special knowledge in the investigation of traffic accidents [Candidate dissertation, Academy of Management of the Ministry of Internal Affairs of Ukraine].
Haidar, O. V. (2022). Forms of special knowledge used during the investigation of secret theft of someone else’s property, Law and Safety, 2(85), 30–39. https://doi.org/10.32631/pb.2022.2.03.
Husieva, V. O. (2014, December 5). Some features of the use of special knowledge during the investigative experiment in crimes against life and health of a person [Conference presentation abstract]. International Scientific and Practical Conference “Current issues of pre-trial investigation and forensics”, Kharkiv, Ukraine.
Husieva, V. O., & Bezsonna, T. F. (2019, January 25–26). Some aspects of the use of special knowledge during investigative (search) actions in the realities of reforming law enforcement agencies of Ukraine [Conference presentation abstract]. International Scientific and Practical Conference “Legal practice in EU countries and Ukraine at the current stage”, Arad, Romania.
Kikinchuk, V. V., Stepaniuk, R. L., Yukhno, O. O. et al. (2018). Peculiarities of the use of special knowledge during the investigation of crimes committed on the territory of the operation of the United Forces, as well as on the temporarily occupied territories. Kharkiv National University of Internal Affairs.
Klymchuk, M., Marko, S., Priakhin, Ye., Stetsyk, B., & Khytra, A. (2021). Evaluation of forensic computer and technical expertise in criminal proceedings. Amazonia Investiga, 10(38), 204–211. https://doi.org/10.34069/AI/2021.38.02.20.
Komar, Yu. M. (2019, December 20). Definition of the concept of “special knowledge” and its use in criminal proceedings [Conference presentation abstract]. All-Ukrainian Scientific and Practical Conference “Current issues of criminology”, Kyiv, Ukraine.
Kosmina, N. M. (2011). The use of special knowledge in the investigation of crimes related to illegal drug trafficking [Candidate dissertation, Kharkiv National University of Internal Affairs].
Kuzmichov, V. S., & Prokopenko, H. I. (2001). Forensics. Kyiv.
Lisichenko, V. K. (1979). Use of natural and technical data in investigative and judicial practice. Kiev.
Lysenko, V., Yurchyshyn, V., & Shybiko, V. (2020). Problems of legality of investigative actions aimed at finding evidence. Amazonia Investiga, 9(28), 113–122. DOI: https://doi.org/10.34069/AI/2020.28.04.14.
Nehrebetskyi, V. (2018). Experimental method during investigative (search) actions. Entrepreneurship, Economy and Law, 5, 248–252.
Popov, V. Yu. (2020). Modern possibilities of using special knowledge in the investigation of a terrorist act. European Perspectives, 2, 181–186.
Pyrih, I. V. (2019). The organization and tactics of conducting crime scene examination in modern conditions of scientific and technological development. Forensic Herald, 2(32), 30–37. http://doi.org/10.37025/1992-4437/2019-32-2-30.
Shcherbakovskii, M. G., & Kravchenko, A. A. (1999). Application of expertise in crime detection and investigation. Kharkov.
Shepitko, V. Yu. (2001). Handbook of the investigator. In Jure.
Shepitko, V. Yu. (2014). Problems of using special knowledge through the prism of modern criminal justice in Ukraine. Forensic Examination, 1, 11–18.
Stepaniuk, R. L., Scherbakovskii, M. G., Kikinchuk, V. V., Lapta, S. P., & Guseva, V. A. (2019). Problems of using forensic molecular-genetic examination in criminal procedure of Ukraine. Georgian Medical News, 5(290), 157–163.
Stepaniuk, R., Kikinchuk, V., Pyrih, I., Pletenets, V., & Prylovskyi, V. (2022). Multifaceted approach to legislative regulation for using dna analysis in criminal proceedings of Ukraine. Amazonia Investiga, 11(50), 130–139. https://doi.org/10.34069/AI/2022.50.02.13.
Vuima, A. H. (2023). Use of special knowledge during the investigation of murders [Candidate dissertation, Kharkiv National University of Internal Affairs].
Yaremchuk, V. O. (2015). Organization and tactics of involving a specialist during investigative (search) actions. Apostille.
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