Specifics of Detection and Neutralization of Counteraction at the Initial Stage of Investigation

Abstract

The purpose of this article is to reveal specifics of identifying signs of a criminal offense and neutralizing counteraction at the initial stage of the pre-trial investigation. Methodological research basis is a set of general scientific, special and philosophical methods of cognition, in particular dialectical, system-structural, functional-activity, comparative-legal one, as well as modeling, analysis and synthesis. It is generalized that initial stage of the pre-trial investigation is the most vulnerable to various forms of counteraction that is due to information uncertainty, time shortage and the need to make operational procedural decisions. It is determined that counteraction has a multi-level nature: it is implemented by influencing collecting evidence procedure, making procedural decisions and interpreting data obtained (by using manipulations with information, using procedurally permissible and extra-procedural mechanisms, behavioral strategies and institutional influence and other means aimed at complicating establishment of circumstances of criminal offense). It is substantiated that detection of signs of a criminal offense and neutralization of counteraction are interrelated procedures that operate within the framework of a single mechanism for forensic support of investigation. It is found that information counteraction (providing false information, initiating attachment of documents with dubious evidentiary value, involving unreliable informed persons), procedurally legalized forms of influence (appealing procedural decisions, manipulating procedural mechanisms), as well as institutional counteraction (impact on conducting forensic examinations) can significantly change the direction of evidentiary activity and increase the risk of making erroneous procedural decisions. It is proven that initial stage of the pre-trial investigation should be considered as an information-conflict space, within which framework evidence subject not only carries out cognitive activity, but counteracts active influence of interested persons. It was noted that timely diagnostics of manifestations of resistance, critical assessment of sources of information and the use of forensic tactical tools are the main conditions for ensuring investigation effectiveness and compliance with the principle of reasonableness of the terms of criminal proceedings.

Keywords: pre-trial investigation; initial stage; counteraction; neutralization of counteraction; detection of crime signs.