Author

Yadzhin N.V., Egorov V.A.

Title of article

Organizational, legal and information support of investigation of crimes committed with the use of mobile communication

Section

Criminalistic provision of law enforcement activities

Issue, year

4 (34) 2015

Abstract

Organizational, legal and information peculiarities of investigating crimes committed with the use of means of mobile communication are analyzed. The phrases “fraud committed with the use of mobile communication” and “fraud committed with the use of means of mobile communication”, as well as types of crimes committed with the use of mobile communication and specificity of determining territorial jurisdiction at the stage of initiating a criminal case are analyzed. Basing on the analysis of criminal cases, the algorithm of criminal’s actions for committing crimes with the use of means of mobile communication is presented. Depending on the circumstances and the sequence of criminal’s actions in the most common method of committing such crimes the stages of committing crime are determined. Analysis of the circumstances to be clarified while conducting preliminary investigation is carried out. According to the way of committing crime and investigation situation during verification of reported crime and preliminary investigation, the ways of solving the problem are proposed. The specifics of the considered crimes causes problematic issues concerning the qualification of the committed act and the application of law depending on the stage of the crime, place and time of its termination, that requires clarification at the legislative level. The problem of investigation and documentation of criminal acts is determined by the lack of cooperation between law enforcement bodies and institutions. Besides, gaps and shortcomings of the current legislation protecting confidential information and possibilities of criminal procedure law don’t meet the needs of modern practice of investigating crimes committed with the use of means of mobile communication.

Keywords

mobile communication; means of mobile communication; fraud; organizational and legal support of investigation; information support of crime investigation.

References

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2. Krivoshchekov N.V. Opredelenie podsledstvennosti pri rassmotrenii soobshcheniya i rassledovanii ugolovnykh del o “telefonnykh moshennichestvakh” [Determining jurisdiction when considering the reports and the investigation of criminal cases “Toll fraud”]. Kontsept – Concept, 2014, Volume 20, no. 2, pp. 2821-2825.