Uridičeskaâ Nauka i Pravoohranitelʹnaâ Praktika (Dec 2014)
Forms of the criminal environment counteraction to performing the function of state protection of participants in criminal proceedings and measures of its neutralization
Abstract
Criminal environment’s counteraction is considered as purposeful, active and intentional influence of its representatives on participants in criminal proceedings. It is directed at persons who, due to their professional duties, are involved in detection and investigation of crimes as well as court proceedings, or who possess evidentiary information (witnesses, victims, etc.). Counteraction may be expressed in different ways: discrediting operatives, investigators and judges; pressure on persons involved in the investigation and the trial through bribery, blackmail, threats to life and health of themselves and their family, etc. The administration of justice becomes inefficient due to the variety of forms and purposes of counteraction. The importance of operational units’ awareness of the activities of criminal environment representatives is shown. The importance of revealing the facts of unlawful influence on witnesses and victims of crime, who subsequently acquire procedural status of witnesses and victims, in order to prevent such facts is also stressed. It is proposed to suppress the counteraction of criminal environment by following ways: 1) identifying (with the help of informants and by crime detection actions) the persons attempting to influence the preliminary investigation; 2) documenting the suspects actions aimed at illegal influence on participants in criminal proceedings for the purpose of conducting the procedural actions and decision making; 3) “in cell” (using an agent) crime detection actions against detainees and arrestees throughout the whole process of covert operation; 4) creating investigative team to develop a common mechanism to neutralize criminal environment’s counteraction to crime investigation.
