Right/5. Criminal
law and criminology
K.Yu.N. Zhadan V. N.
Kazan Federal University, Elabuga
Institute, Russia
Some
questions about the state of crime and of crime in Russia
The analysis of the
crime situation in Russia, criminological characteristics of crime [1], as well
as of crime, methods of detection and investigation of certain types of crimes,
the subject of many publications [2] that in no way prevents us to address
issues characterizing the solvability of crimes.
It is recognized
that each state, region, city and locality generally, is characterized not only
by political, socio-economic, climatic and cultural-moral processes and
conditions, but not least, the state of public order and security that
characterize the crime situation and crime detection in them.
Before we proceed
to analyze the crime situation in Russia, criminological characteristics of
crime and crime detection, it is advisable to determine the meaning of the
terms used to "solve crimes" and "crime detection".
In the science of criminology
and forensic science notes the similarity of these terms, this is evidenced by
the etymological proximity of the initial part of the terms
"revealed...". At the same time regardless of the etymological roots
between "crimes" and "crime detection", there are certain
differences in value. So, solving the crime applies to individual crime means
finding (identifying) the circumstances of the particular offence and the
person who committed it. In turn, the crime detection rate is determined in
percentage by the ratio of the number of solved crimes to the total number of
registered crimes. Consequently, changes in the form of increase or decrease
calculated by the specified image index crime rate in the state, a particular
region, etc. during a certain period compared to the previous one (for example,
for the same period last year), and the comparison of these indicators in the
state in some regions for the relevant period, as applied, used at the present
time indicator (criterion) evaluation of the work of law enforcement bodies,
including bodies performing operatively-search activity and investigation of
crimes. The rehabilitation of the accused (suspect) during the preliminary
investigation or a defendant in court, in contrast, provide for the exemption
of this crime from the number disclosed, and, therefore, reduced and crime
detection.
It is generally
accepted that criminological characteristics of crime and offences includes the
status, dynamics, proportion, structure, clearance rate and other indicators,
some of them will be used for the characteristics of crime in Russia.
So, according to
official statistics in Russia for 2014 registered 2166,4 thousand crimes, which
is 1.8% less than in the same period last year (hereinafter referred to the
same period last year). As a result of criminal attacks killed 35 thousand
people ( 4,6%), health 52,6 thousand people suffered heavy damage ( 0,4%);
identified 253,5 thousand the crimes connected with a drug trafficking, which
is 9.5% more than in the same period last year; 1127 registered crimes of a
terrorist nature (+70.5%) and 1024 crimes of an extremist orientation (+
14,3%), etc. The proportion of serious and very serious crimes, including
registered is 24.3% [3]. Thus for 2014 is revealed to 1.176.4 thousand crimes
(to 5.0%) and is not disclosed 948,6 thousand crimes; left 1.2 thousand
unsolved murders and attempted murders ( 15,4%), 3.4 thousand cases of willful
infliction of grave harm to health (and 19.4%), 542,1 thousand thefts ( 3,4%),
33.4 robberies ( 25,1%), 4.5 thousand assaults (20.6 per cent), etc., 925,3
thousand crimes ( 0,2%) remained unsolved in connection with the failure to
find individuals subject to attraction as accused [3].
At the same time in
2010 was registered 2628,8 thousand crimes, which is 12.2% less than in the
same period last year). As a result of criminal attacks killed 42 thousand
people (+ 8,9%), health 50,8 thousand people suffered heavy damage (+ 8,3%);
identified 222,6 thousand the crimes connected with a drug trafficking, which
is 6.7% less than in the same period last year; 581 registered an offence of a
terrorist nature (+ 11.2%) and 656 of crimes of an extremist orientation (+
19,7%) etc. the proportion of serious and very serious crimes, including
registered is 26,0% [4]. Thus for 2010 1431 solved thousands of crimes (+
13.3%) and not disclosed 1193,3 thousand crimes; remained unsolved 2.1 thousand
murders and attempted murders (+ 4,0%), 6.2 thousand facts of deliberate
causing of heavy harm of health (+ 15,7%), 709,2 thousand thefts (+ 6,4%), 95.5
thousand robberies (+ 23,1%), 8.9 thousand robberies (+ 20,7%), etc., 1163,3
thousand crimes (+ 8,7%) remained unsolved in connection with the failure to
find individuals subject to attraction as accused [4].
These data show
that in 2014 in comparison with 2010 registered 462,4 thousand fewer crimes,
but as was noted above, there is a very large number of unsolved crimes (in
2014 not disclosed 948,6 thousand crimes; in 2010 1193,3 thousand crimes), as
well as the growth unsolved particular types of crimes (e.g., murder and
attempted murder, intentionally causing grievous bodily harm, theft, looting,
robbery, etc.).
As we know many
types of crime are characterized by a high latency (for example, corruption,
economic, environmental crimes, etc.), and therefore in the official statistics
according to the estimates of Russian experts is recognised in respect of these
criminal acts, only one second (third) part of crimes committed. One measure of
the latency of crime is a law enforcement effort to conceal from the register
of the crimes, and also on negligence, interest or insufficient professional
training of the staff concerned were not disclosed specific crimes.
Among the
controversial issues in terms of crime relates and such, so all crimes in all
circumstances can be disclosed? Many Russian scholars and practitioners believe
that there can be crimes that could not be disclosed. Proponents of this
position believe that the crimes remain unsolved, solely in connection with the
omissions of investigative activities and preliminary investigation, and
particularly in the blunders and mistakes of the "human factor".
The author jointly
with the scientific approach that the problem is complex and in order to
improve the quality of crime require different measures:
1) organizational
improvement of quality of professional training of employees, engaged in the
operational-search activity in the organs of internal Affairs (the MIA), the
Federal security service (FSB), the Federal guard service (FSO), for control
over the circulation of narcotic drugs and psychotropic substances (further
the Federal drug control service), etc., investigators of the Investigative
Committee, the FSB, the police Department and the Federal drug control service,
investigators ATS boundary bodies of Federal security service, Federal service
of court bailiffs, etc.; effective supervision by the heads of these law
enforcement agencies; use in the production of investigative measures
(hereafter OPM) and the preliminary investigation of special technical means
and so on;
2) legal adoption
of new and improvement of existing criminal procedure and
operational-investigative legislation, departmental regulations concerning
disclosure and investigation of crimes, the production of new MPAS and
investigative actions, application of special technical means etc;
3)
methodical-technical development and improvement of particular methods of
detection and investigation of certain types of crimes, the development of
techniques for the use of special technical equipment in the production of MPAS
and investigative actions (e.g., polygraph), etc.
The author jointly
with the scientific approach that is quite effective tool used for the purpose
of increase of crime and to obtain essential information about the involvement
of specific individuals to the crime, is the use of the polygraph.
The polygraph as a
special technical device used by employees operatively-search divisions of the
Department of internal Affairs, FSB, FSO, Federal drug control service and
other during the relevant MPAS, investigators and investigators in the
preparation and production of certain investigative actions with the
participation of the polygraph specialist, and for the purpose of obtaining a
valid result for further substantiation of participation (charges) of the
person who committed the crime.
This technical
device by registering and measuring physiological processes in the body of the
subject when the survey allows you to determine the truth from a man or a lie.
False the interviewees answer to the expert question leads to psychological
stress and induces physiological arousal, and polygraph these physiological
changes registers. Other issues use of the polygraph in the course of MPAS and
to conduct a preliminary investigation require a separate study and will be
discussed in subsequent publications.
Thus, based on the
comparison of criminological indicators on the state of crime and of crime in
Russia, as well as scientific approaches and the author's understanding of the
some of the questions about crime detection, and the use of the polygraph for
this purpose.
References:
1. See: Andrew Y.V.
Criminological characteristics and prevention of narkoprestuplenij (on the
example of the North-Western region): dis. ... candidate. the faculty of law.
Sciences. Ryazan, 2006. 196 p.; Zhadan V.N. Topical issues of
criminological characteristics of environmental crimes // Young scientist.
2013. N 4. P. 387-393; Zhadan V.N. The crime situation in Russia: status
and trends // Empirical research and practical implementation in modern
science: proceedings of the XXXV International scientific-practical conference
on legal..., ... political science (Ukraine, Gorlovka, 25-26 July 2013).
Gorlovka: FLP Pantyukhov Y.F., 2013. P. 74-79; Zhadan V.N. About corruption
and criminological characteristics of crimes of corruption // Young scientist.
2015. N 5. P. 345-351; Zhadan V.N. About modern crime situation in Russia
and law enforcement // Young scientist. 2013. N 8. P. 290-294; Zhadan V.N.
On the Criminogenic Situation in Russia and Its Significance to the Security of
Citizens // World Applied Sciences Journal. 2013. 25 (4). P. 664-668;
Criminological characteristics and prevention of certain types of crimes.
2-ed., stereotype. M.: RCAC the Ministry of internal Affairs of Russia, 2006.
176 p.; Criminological characteristics and prevention of juvenile delinquency
[Electronic resource]. Access mode: http://www.erudition.ru/referat/printref/id.28530_1.html
(reference date: 11.09.2015); Criminological characteristics and prevention of
recidivism [Electronic resource]. Access mode:
http://www.be5.biz/pravo/kkvv/12.htm (reference date: 11.09.2015); The crime
situation in Russia [Electronic resource]. Access mode:
http://www.km.ru/category/tegi/kriminogennaya-situatsiya-v-rossii (reference
date: 20.09.2015), etc.
2. See: Crime and
crime detection [Electronic resource]. Access mode:
http://www.kazedu.kz/referat/19403 (reference date: 20.09.2015); Methods of
investigating certain types of crimes [Electronic resource]. Access mode:
https://www.studsell.com/view/80023/ (reference date: 11.09.2015); Crime and
crime detection [Electronic resource]. Access mode: http://2dip.ru/223284/ (reference date:
11.09.2015); Status VF detection of crime is the most important tool in the
fight against crime // State and law. 1998. N 4. P. 66-73, etc.
3. The state of
crime in Russia January-December 2014 [Electronic resource]. Access mode:
https://mvd.ru/folder/101762/item/2994866 (reference date: 20.09.2015).
4. The state of
crime in Russia January-December 2010 [Electronic resource]. Access mode:
http://cspkitraccc.skforussia.ru/view_news.php?id=665 (reference date:
20.09.2015).