Forensic peculiarities of criminal case initiation on crimes against public authority

Forensic peculiarities of criminal case initiation are determined by the specific features of the crime type. The analysis of disclosure and investigation practices of this type of crime has shown the specificity of the circumstances to be determined within the verification of the received materials in the stage of the initiation of a criminal case on the basis of the elements of crimes under Articles 318 and 319 of the Criminal Code of the Russian Federation. It includes the clarification of the following circumstances: whether the law enforcement officer was performing his/her duties at the time of illegal actions against him/her; whether he/she introduced himself/herself before demanding to stop the unlawful actions; whether he/she was in or out of uniform, whether there were eyewitnesses to a crime, who are not members of the law enforcement agency; what invectives the suspect used to address the law enforcement officer, what weapon the suspect used to attack the law enforcement officer, and how many times the suspect gave to the law enforcement officer. Since crimes of this category are committed against public authority who is exercising his/her official powers, it is necessary to immediately record factual data through the production of urgent investigative actions (detention of the offender, inspection of the crime scene). The tactically correct decision will be for the investigator or operational officer by order of the investigator to begin an interrogation of eyewitnesses, if any, immediately, without waiting for the end of the crime scene investigation, as doing this after crime scene investigation might be too late. At the initiation of criminal cases of this category, there is a need for a medical examination (in case violence has been used). In addition, it is necessary to find out whether whether there was video recording at the crime scene. Subsequently, this record must be withdrawn as part of investigative actions, for example, seizures. In case there was an insult of public authority, it is necessary to take actions to establish the sign of publicity. As a rule, it is sufficient to establish the presence of at least one witness who is not a law enforcement officer who heard how the above-stated offense had occurred.

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