Investigative situation: concept, content, types and meaning

An investigative situation is a situation that develops at a particular moment in the work of an employee carrying out a study of the circumstances of a criminal case. It is formed from a certain set of conditions that facilitate or complicate the clarification of the true facts of the incident. Let us further consider in more detail what an investigative situation is: the concept, content, types and significance of it in the activities of law enforcement officials.

general characteristics

To determine the essence of the phenomenon under consideration, in some cases it is possible to take directly the conditions under which the employee’s activities are carried out, and in others, a set of data on circumstances suggesting the possibilities and ways of conducting an investigation. These positions are not considered opposite. These views are a reflection of two sides of the phenomenon. The investigative situation is factual circumstances, objective reality. The result of her knowledge and data about her act as a reflection of the conditions. The latter are used to influence the situation to solve the crime.

findings

From the above characteristics, we can determine that the investigative situation is:

1. In the scientific aspect - a complex of interrelated conditions that affect the formation and implementation of typed techniques for performing individual actions.
2. From an applied point of view, it is a collection of information about the nature of the incident, the circumstances in which the study is carried out as a whole, about the interaction of production participants with each other and their relation to upcoming actions. In other words, the investigative situation is a complex of conditions that really formed in the employee’s work at the time of his choice and the implementation of a tactical technique.

Objective factors

The investigative situation of the investigation is influenced by the following circumstances:

1. The presence and nature of the orienting and evidence-based information available to the employee.
2. The criminal assessment of the event existing at a particular moment.
3. The presence and sustainability of unused sources of evidence and reliable channels for obtaining guidance.
4. The amount of necessary funds, forces, time and the possibility of their use in an optimal way.
5. The intensity of the processes of the disappearance of evidence and the strength of the factors that influence them.

Subjective circumstances

The investigative situation is formed under the influence of such factors as:

1. The psychological state of the subjects involved in the case.
2. Counteraction to the truth from the suspect and his connections, and in some cases - from the victim and his witnesses.
3. The psychological state of a law enforcement officer, the level of his skills and knowledge, the amount of practical experience.
4. The ability of the investigator to make decisions in extreme situations and bring them to life.
5. Conflict-free work flow.
6. Employee efforts aimed at changing the situation in a favorable direction for himself.
7. The consequences of erroneous conclusions and actions of the employee, experts understood.
8. Unforeseen behavioral acts of the victim or entities not involved in the investigation.
9. Consequences of the disclosure of preliminary findings in the case.

Investigative situation investigation: forensics

Activities to clarify the circumstances of the incident should be subjected to a thorough analysis.Its result allows us to develop more accurate forensic characteristics for different groups and types of crimes, to penetrate deeper into the essence of a specific event, to understand its mechanism. This, of course, leads to the quickest identification and exposure of the perpetrators. The analysis to which the investigative situation is subjected, the concept and the types of circumstances that shape it, allows us to develop differentiated types of methodological recommendations that take into account typical phenomena and conditions.

This approach is used in many criminal industries. So, in the forensic technique, analysis allows you to improve the work with the traces in accordance with the place and circumstances of their detection, the state of the surface of the object on which they are present. In addition, experts are able to quickly establish their nature. In forensic tactics, analysis contributes to faster decision-making, the selection of techniques, methods or their complexes, ensuring maximum effectiveness of the proposed actions and operations. Without a competent assessment of the conditions in which the event occurred, one cannot count on the success of individual acts and the entire production as a whole. The analysis allows you to better navigate the situation at a particular moment, formulate the most reasonable conclusions, timely adjust the action plan. Correct assessment also makes it possible to minimize errors.

Investigative situation: concept and classification

There are several criteria by which separation is carried out. So, depending on the stage at which the production is located, there may be an initial, intermediate or final investigative situation. The types of conditions are also determined by the degree of individuality. According to this criterion, they are divided into specific and typical. Depending on the information factor, the investigative situation may be unfavorable (complex) or favorable (simple). The former are characterized by an increased level of data uncertainty.

In practice, a deadlock investigation may also occur. The concept and types of conditions and circumstances existing at a particular point in time are closely interconnected with the qualification characteristics of the crime itself. However, there are a number of significant differences between them. The qualification characteristic reflects the situation, the state of affairs at a particular moment of production, the conditions under which the procedural activity is conducted. The investigative situation, in turn, accumulates data on the specific features of various types of acts. It allows you to understand the essence of the crime, give it the right assessment. The findings allow us to develop optimal methods for the subsequent investigation.

The essence of the phenomenon

The investigative situation looks in the form of a system, which is formed by the following elements:

1. Psychological. These components reflect the state of the subjects involved in the production.
2. Informational. They suggest a certain degree of awareness of the investigator about the circumstances of the act, the possibilities for their identification and subsequent expert study, as well as the places of concealment of the objects sought.
3. Tactical and procedural. These include elements that reflect the state of production, the ability to choose a preventive measure, conduct a specific investigative operation or action, isolate the persons involved in the case from each other.
4. Organizational and technical. They suggest the presence of connections between employees on duty and members of the task force, the ability to maneuver by various means, forces, etc.

Thus, the content of the situation includes everything that, to a certain extent, affects the results and the course of clarification of the circumstances of the crime.

Tactical risk

It acts as an integral part of the investigation.The task of the operational employee is to choose a strategy that involves minimal risk. He must assume the negative consequences of one or another of his decisions. Risk minimization is possible in the following cases:

1. Changes in the pace of action and the entire investigation until the situation is transformed into a favorable one.
2. The choice of other psychological circumstances (taking into account external factors).
3. Changing the structure of tactical combinations (presenting new evidence).
4. Involving another employee in the process to provide more intense exposure to the suspect.
5. The use of knowledge of the theory of reflection.

In the latter case, we mean a certain substitution. One participant imitates the reasoning of another, trying to think for him. The task of the investigator in this case is to try to surpass the enemy, replay him with the help of tactical decisions.

Background

The reasons that cause these or other actions of the investigator in conditions of risk may include:

1. Information uncertainty, lack of the necessary amount of data to make this or that decision.
2. Confidence of the employee in the success of their actions.
3. Limited time. Such a situation may take place, for example, during an investigation of an act in hot pursuit, during a red-handed detention, etc.
4. The need to eliminate the contradictions identified in the testimony of persons.

When deciding to take actions in a situation, the investigator must determine their positive outcome. In accordance with the results, reasonable and unreasonable risk is identified. The first is a situation where positive consequences arise at minimal cost. Incorrect calculation of actions can worsen the process. If the above options cannot be applied, it is advisable to abandon the risk.