Forensic aspects of the methodology for assessing the legality and validity of initiating a criminal case on the organization of a criminal community (criminal organization) or participation in it by the prosecutor

Abstract

Organized criminal activity is always difficult to investigate, the committed criminal acts are numerous and socially dangerous, cause a noticeable public outcry and, as a result, more thorough than usual control and supervision over their investigation by the leadership of higher prosecutorial and investigative bodies. Criminal cases initiated in connection with the commission of such crimes are extremely voluminous and complex in terms of evidence. This creates difficulties in assessing the legality and validity of the decisions of investigators to initiate criminal cases on the organization of a criminal community (criminal organization) or participation in it by the prosecutor. The methodology of prosecutorial supervision over investigations of crimes is based on a comprehensive procedural and forensic approach, which assumes the prosecutor’s knowledge of forensic investigation techniques. The author considers the features of the methodology of prosecutorial supervision over the initiating criminal cases of the category under consideration, depending on the forensic technology implemented by the investigator for their detection and investigation.