Operational experiment and its purpose

The concept of an operational experiment is contained in the recommendatory normative document that defines the key directions of combating organized crime, adopted by the decision of the Interparliamentary Assembly of the CIS countries on 02.11.1996. This procedure is the reproduction of the situation, actions or other circumstances for the suppression of criminal behavior, Or preparing illegal acts. Let us consider further how the operational experiment is carried out, the reasons for carrying out this exercise.

General information

The operational experiment must be distinguished from the investigative experiment. The latter, in accordance with the Criminal Procedure Code, is carried out to verify and clarify information of importance to the investigation. It is carried out by the reproduction of actions, circumstances, circumstances of a particular event. In the framework of this procedure, the possibility of perceiving certain facts is verified, a sequence of behavioral acts is established, as well as the mechanism of occurrence of traces of a crime. This event has, therefore, a rather narrow focus.

Investigative and operational experiment have a number of common features. These procedures are both aimed at the artificial creation of an event for subsequent study, the consistent fixation and monitoring of the state of the observed phenomenon. It, in turn, changes under the influence of factors that are introduced and managed by a person performing operational research activities (OPM) operational experiment.

Distinctive features

As a key feature in the operational experiment is secrecy. It involves disguising tasks, roles and goals. A very limited range of subjects is devoted to the structure and design of the event. Its specific features are also the forms of fixation of the results obtained. The investigative measure is primarily a procedural act. Its results are fixed in the appropriate form. When performing the procedure under consideration, an operational experiment report, report or certificate is compiled. However, the results obtained during the procedure do not appear as evidence, but they acquire a crucial role in the process of obtaining them. The results of the event may indicate circumstances, objects, facts. If they are found in procedural order, they will act as evidence base.

Conducting an operational experiment can be private or public. It can be performed to identify subjects whose intentions are unknown. An operational experiment is allowed to be conducted against specific individuals acting as suspects, for example. In accordance with this, the procedure under consideration can consist in the non-specialized implementation of special experimental measures aimed at verifying the information received, the information collected, evaluating the versions, as well as in reproducing the situation, circumstances, actions, specific events, clarifying the data that are relevant in the detection of the crime, Obtaining new materials.

Content

Within the ORM, an operational experiment can include the reproduction, creation and use of conditions under which criminal intentions of suspects will manifest themselves, objects of encroachment will be revealed, tacit control over objects will be established. The content of the procedure can include verification of information by experimentation with further fixation of the received data and controlled phenomena. Among these actions, in particular, include the transfer from the OPM participant of the bribe to the subject, her extortion, the establishment of objects (drugs, vehicle, weapons, etc.), representing for interest, with subsequent control over them. Operational experiment can include activities of a psychological orientation. For example, it can be a test of the person's reaction to the presence of a person, photographs, objects.

Resolution

Conducting an operational experiment is allowed by the decision of the chief of the ORO. It, in turn, is taken with the sanction of the prosecutor. In some cases, the activities are urgent, and the possibility of obtaining information will depend on how soon an operational experiment will be performed. The decision in this case is taken without prosecutor's sanction. However, within 24 hours, the chief of the ORO is obliged to inform him of the actions taken. Not later than 48 hours from the commencement of the procedure, the official who made the decision to implement it must receive a prosecutor's sanction or stop the ORM. An operational experiment performed in violation of this regulation will be considered illegal.

Restrictions

During the procedure, a provocation is prohibited. The operational experiment should not be aimed at inducing subjects who did not have unlawful intentions to commit a crime. Artificial evidence of an unlawful act or circumstances that may have accusatory significance is also not allowed.

Features

The operative experiment is allowed to conduct the law solely for the detection, disclosure and suppression of crimes of varying severity. To achieve these goals, ORO officers create conditions that are as close as possible to the situation in which the event under investigation occurred. This means that carrying out an operational experiment involves attracting the necessary number of people, the corresponding transport and technical means. In addition, the proper situation is created at the place of the procedure (this may be an open area or a room).

Classification

What can be an operational experiment? ORD of the first type is aimed at the detection of unknown subjects. Its essence consists in the use of specially prepared and controlled objects of encroachment. It can be all kinds of baits, traps, etc. They are placed on sites where crimes can be committed. For example, for thefts at stations, stations in ports, these objects are suitcases, bags in waiting rooms, for theft of vehicles, respectively, cars or other equipment in the parking lot.

In practice, there is often a need to create small companies, to look for living quarters, shops selling stolen goods, goods banned for circulation, for detecting subjects who commit crimes in the economic sphere and are at the same time wanted.

An operative experiment is allowed to be conducted against persons who have been detained in the act or who are reasonably suspected of crimes. This is the second kind of procedure. In this case, only documentation and immediate detention of intruders is carried out. Typically, such an operational experiment is carried out in the investigation of bribery, drug trafficking, arms and other crimes, which include objects and substances banned for circulation.

Tasks

The operational experiment aims:

1. To detain an intruder at the time of committing a crime and to remove the items present.
2. Verification and clarification of information on the involvement of specific subjects in certain events of an unlawful nature. In particular, the availability of relevant skills, abilities, and abilities is assessed.
3. Verification of the advanced versions of the crime.
4. Establishment of circumstances of the incident.
5. Formation of conditions for detection of wanted subjects, stolen material values.

An Important Moment

Before starting an operational experiment, the authorized person should make sure of the following:

1. The nature of the conditions that are created is obvious to a reasonable extent. In this regard, he is correctly assessed and perceived by a person who commits intentional action.
2. There is reason to believe that the planned event will allow to identify illegal conspiratorial activities, to locate the wanted citizen or stolen property.
3. Creation of appropriate conditions is not unjustified due to the nature of the illegal transaction in which the entity intends to participate.

Key milestones

Analyzing the practice of applying the operational experiment, we can distinguish the following stages that make up a certain algorithm for the actions of employees:

1. Obtaining reliable information about involvement in criminal activities.
2. Deciding on the implementation of the procedure, issuing an appropriate resolution, creating an experiment plan.
3. Implementation of measures for documenting unlawful actions of suspected subjects in the process of carrying out an activity, identifying and fixing traces.
4. Implementation of the detention of persons at the time they committed a crime or wanted citizens upon their detection.

Plan

It is necessary for effective and precise carrying out of the experiment. The plan is made in free form and includes, as a rule, two sections: general and descriptive. The content of the first includes a description of the grounds for the experiment, the circumstances that need to be checked. The descriptive part includes technical and organizational measures, their sequence and quantity relative to:

1. Time and place of implementation of the procedure, list of participants, measures for their secrecy and security.
2. Calculation of the required funds and forces, material costs.
3. Interactions of different operational groups.
4. A measure of reaction to changes in the situation.
5. Certain actions on the use of weapons, the use of technical means of recording the results and monitoring the progress of the event, transport.

Organizational moments

After determining the purpose of the experiment, the initiator:

1. It takes measures to keep information secret about the upcoming procedure in secret.
2. Coordinates and studies the optimal form of the experiment with the chief of the ORO.
3. Solves issues related to providing search, technical, material content, as well as interaction with other search groups.
4. Gets permission from the authorities to perform the procedure in the established order.
5. Involves, if necessary, additional employees and services, coordinates their actions.
6. It works out a reliable system of secret surveillance of the object with the use of a complex of operational investigative and investigative measures for documenting the unlawful behavior and detaining the subjects when they commit crimes.

Results of the procedure

They can be issued in different ways. If an activity is performed to verify the involvement of a subject in a crime, the result is recorded in the act. This document, in its form and content, meets the requirements established for the protocol of the investigative action, without specifying information that is considered a state secret. The results of the action taken can be used to initiate a case and prove (subject to the established conditions for their presentation), to act as an auxiliary material in determining tactics for conducting other operational investigative or investigative actions.