INITIAL STAGE PECULIARITIES OF INVESTIGATION OF CRIMES COMMITTED BY FOREIGNERS

Abstract

This article is aimed to formulate theoretical background and practical recommendations related to initial stage peculiarities of investigation of crimes committed by foreigners. Authors systematized the legislative acts defining key legal and organizational peculiarities of investigation of crimes committed by foreigners. Special attention is paid to Ukrainian international agreements with its provisions related to human rights and freedoms; international agreements defining the legal status of foreigners with immunity in terms of Ukrainian criminal jurisdiction; Ukrainian legislative acts defining the foreigners’ legal status and peculiarities of relevant criminal proceedings. It is noted that set of measures for foreigner’s legal status check along with grounds for his/her temporary residence within the territory of Ukraine must include submission of requests to competent agencies (Ministry of Foreign Affairs of Ukraine, Ministry of Justice of Ukraine, Prosecutor-General’s Office, State Border Guard Service of Ukraine). Initial stage of investigation of crimes committed by foreigners is aimed at detection of circumstances defined by Article 91 of Criminal Procedure Code of Ukraine. Their list is not exhaustive and during the investigation, it is necessary to additionally identity the circumstances that characterize: identity of the criminal alien and offense group nature; legal status of the foreigner; mechanism of criminal activity; international relations of criminals etc. Initial stage of investigation of crimes committed by foreigners sets task to find solution for specific issues related to identification of all persons involved in criminal activity (criminal network); high level of criminals’ awareness and preparedness, presence plans of action in various situations; necessity to ensure interoperability with other competent agencies, involvement of Interpol and Europol, initiatives in the framework of international cooperation etc. Typical investigative situations this stage of investigation are presented: availability of data on crime commission by foreigners (perpetrators are not identified); accumulation of orientating information concerning foreigners who have committed crimes; there is an information on fulfilment of crimes by concrete foreigners which proves by collected evidence or their arrest at crime scene.