Volume 4, Number 1, 2019, P. 19–24
[ JURIDICAL SCIENCES ]
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Identification of the victim in murder cases is one of the most important conditions for solution of crime and exposure of guilty person. Moreover, it may be relevant in the investigation of so-called patent crimes. That is not new and has been known for a long time; criminal law experts referred to this fact. Although there are not many detailed studies on this topic. However, the problem exists, and its relevance increases. It can be identified as follows: currently, the number of people without a certain place of residence, vagrants, homeless people, and children without any care has increased many times. There are millions of migrants living in a separate life in the country. Among them there is a great number of illegal migrants who are beyond the social control. When the crime is committed, it is difficult to establish the identity of such categories of migrants and, accordingly, it is difficult to determine the nature of the accident. The fact that the organized crime has established plays a special role. The members of the organized criminal group have criminal experience, significant material resources, technical capacities, and corruption links. They have knowledge of the investigative work and criminal intelligence and surveillance operations. Committing murders, members of the organized criminal group take measures to conceal a crime, ensure the impossibility of identifying a corpse, and to desecrate it. The urgency of identifying the victim does not mean that the search for a criminal begins only after this. There are many examples when the murderer was found and incriminated much earlier than a victim was identified. The investigation should be organized in order to solve all the tasks listed as a whole.
personality, victim, crime investigation, investigative measures, investigative practice
Taalaibek T. Shamurzaev, Dr. Sci. (Juridical Sciences), Professor, Head of Criminal Procedure and Criminalistics Department of Law Faculty of Kyrgyz-Russian Slavic University, Bishkek, Kyrgyzstan
Anastasiya N. Arkhipova, Deputy Director for Academic Affairs, Institute of Economics, Management and Law, Irkutsk National Research Technical University, Irkutsk, Russia
Valentina N. Turkova, Deputy Director for Research Work, Institute of Economics, Management and Law, Irkutsk National Research Technical University, Irkutsk, Russia
Shamurzaev T.T., Arkhipova A.N., Turkova V.N. Legal Aspects of victim’s identification in murder cases. Sotsial’naya kompetentnost’ = Social Competence. 2019, vol. 4, no. 1, pp. 19–24. (In Russ.).
- Ardashev R.G. Voprosy teorii i praktiki rassledovaniya ubiistv, sopryazhenny postkriminal’nym suitsidom pravonarushitelya [Issues of theory and practice of the investigation of murders involving post-criminal suicide of the offender.]. Irkutsk Publ., 2015, 28 p . (In Russ.).
- Kocharov G.I., Stepichev S.S., Kosoplechev N.P. Kazhdoe ubiistvo mozhet i dolzhno byt’ raskryto [Each murder can and must be solved]. Moscow Publ., 1965. (In Russ.).
- Kozusev A.F. Prokurorskii nadzor za ispolneniem zakonov pri rassledovanii ugolovnykh del ob ubiistvakh po naimu [The prosecutor’s supervision over the execution of laws in the investigation of hired killing]. Moscow NPO «MODEK» Publ, 2001, pp. 4 –12. (In Russ.).
- Obraztsov V.A. [Basics of forensics]. Moscow Yurist Publ., 1996, 92 p.
- Fedosyutkin B.A. [On identification of post mortem interval]. Advokat Publ., 2008, no. 9, pp. 8–11. (In Russ.).