Conducting a special investigative experiment upon recording of the facts of crimes in the course of official activity

Abstract

The article considers the features of special investigative experiment upon recording of criminal acts in the course of official activity. One of the most effective ways of recording the criminal acts is a special investigative experiment. It is a way to obtain information by reproduction of covertly controlled conditions and facilities to establish the unlawful intentions of the persons reasonably suspected of preparing or committing grave and especially grave crimes (including the crimes in the course of official activity). Conducting the special investigative experiment is regulated by Article 271 of the Code of Criminal Procedure of Ukraine (offense monitoring). A special investigative experiment is categorized as a covert investigative (detective) action, i.e. crime control, because according to paragraph 4 of Article 246 of the Code of Criminal Procedure of Ukraine, the right of initiation is given to the prosecutor. Its conduct is allowed only to detect, combat and disclose the grave and especially grave crimes. During the preparation and performance of crime monitoring measures, it is prohibited to provoke (incite) the person to commit the crime with the aim of its further exposure by helping a person to commit the crime which it would not have committed, no matter how the operative agent promoted the same, or to influence its behavior by violence, threats, blackmail for the same purpose. A special investigative experiment can be carried out either with respect to particular persons reasonably suspected of criminal activities (obtaining of undue advantage, arms trafficking, drug dealing etc.) and to identify the intentions of unknown persons who commit serial crimes through various «traps» and «lures». If a suspected person commits acts containing the elements of crime during a special investigative experiment, it shall be brought to criminal liability pursuant to applicable laws. Typically, the experiment involves the persons, technical means or vehicles and the relevant environment is reproduced.