The Operational-Search Measure “Examination” in Identifying Circumstances That Contributed to Committing Penitentiary Crimes: Types of Examination and Technology of Its Conduct

The article explores the practice of application and the effectiveness of the use of the operational-search measure “examination” in order to identify circumstances that contributed to the commission of penitentiary crimes. The object of the study is the regularities of the commission of penitentiary crimes and the regularities of the construction of recommendations for conducting examination to identify the circumstances that contributed to their commission. The aim of the article is to improve the efficiency and completeness of identifying circumstances that contributed to the commission of penitentiary crimes. The empirical basis of the study is the data of official departmental statistical reports (for 2015-2020) and the results of a survey of employees of the penitentiary system. The main research methods employed are: an anonymous sociological study among employees of the penitentiary system; the general scientific method of cognition of crime-generating phenomena and processes within the penitentiary system institutions; the statistical method for analyzing and comparing statistical reporting data; the comparative method for identifying various patterns. The main tools for obtaining information are a questionnaire for employees of the penitentiary system. The objectives of the research are: the analysis of the current crime situation in the penitentiary system; the definition of the essence of “examination” as an operational-search measure and varieties of social conversation; the classification of examination based on various grounds; the choice of tactics of conducting examination to identify circumstances that contributed to the commission of penitentiary crimes. The author comes to the conclusion that examination allows identifying a large number of circumstances that contribute to the commission of penitentiary crimes. The above-mentioned circumstances are not clarified separately, they become known in the course of identifying other circumstances that are subject to proof. The conduct of examination precedes (and sometimes contributes to) the conduct of other operational-search measures and investigative actions that allow both identifying and establishing circumstances that contributed to the commission of penitentiary crimes. The effectiveness of examination for identifying circumstances that contributed to the commission of penitentiary crimes is connected with many difficulties and depends on the level of professional training of the staff of the penitentiary system and circumstances of the commission of a particular crime.

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