Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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197402ZU34
ppi 201502ZU4645
Vol.39 N° 69
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Diciembre
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Recibido el 14/03/2021 Aceptado el 21/06/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 39, Nº 68 (Enero - Junio) 2021, 630-642
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
International experience in
preventing intentional homicide
by criminal police units
DOI: https://doi.org/10.46398/cuestpol.3969.39
Yevhen Khyzhniak *
Volodymyr Kapustnyk **
Tetiana Batrachenko ***
Iryna Chuprikova ****
Artem Kryshchenko *****
Abstract
The objective of the article is to analyze the international
experience of the operational and investigative prevention of
intentional homicides by criminal police units, as well as the
legislation that provides for the development of an eective
system for the prevention of intentional homicides in Ukraine. The
subject of the investigation is the foreign experience of operational
prevention and the search for intentional homicides by criminal police
units. The research methodology includes general and specic methods of
legal science: dialectic, scientic abstraction, methods of systems analysis,
formal and dogmatic, systemic, and structural, historical, and comparative,
logical. Various intentional homicide prevention programs are considered,
which are currently operating in dierent countries of the world. It analyzes
the positive international experience of operational and investigative
prevention of intentional homicides, which can become the basis for
the development of the relevant legislation of Ukraine in this area. It is
concluded that the conduct of a comparative analysis of the prevention of
intentional homicides and various countries is the basis for the development
of the most promising areas to improve domestic legislation in this area.
* Ph.D. in Law, Associate Professor, Associate Professor of the Department of Criminalistics of the
National University “Odessa Law Academy”. ORCID ID: https://orcid.org/0000-0001-8263-0353.
Email: Khyzhniak@onua.edu.ua
** Doctor of Law. Assistant Professor of the Department of Forensic Medicine, Medical Law named
after honored prof. M.S. Bocarius of Kharkiv National Medical University. ORCID ID: https://orcid.
org/0000-0003-0733-4233. Email: kapustnykv@gmail.com
*** Ph.D. in Law, Associate Professor of the Department of Law Enforcement and Criminal and Legal
disciplines of the University of Customs and Finance. ORCID ID: https://orcid.org/0000-0002-3985-
0681. Email: tatianabatrachenko@gmail.com
**** Ph.D. in Law. Assistant at the Department of Criminal Procedure, Detective and Criminal Investigation
of the National University “Odessa Law Academy”. ORCID ID: https://orcid.org/0000-0001-5723-
4762. Email: I.l.chuprikova@gmail.com
***** Ph.D. in Law, Head of the Aviation and Water Police Department of the National Police of Ukraine.
ORCID ID: https://orcid.org/0000-0001-8838-1837. Email: kryshchenko.ua@gmail.com
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Keywords: prevention of homicide; premeditated murder; criminal
police units; international experience; criminal sciences.
Experiencia internacional en la prevención del
homicidio intencional por parte de unidades policiales
criminales
Resumen
El objetivo del artículo es analizar la experiencia internacional de
la prevención operativa e investigativa de los homicidios intencionales
por parte de las unidades de la policía criminal, así como la legislación
que prevé el desarrollo de un sistema ecaz para la prevención de los
homicidios intencionales en Ucrania. El tema de la investigación es
la experiencia extranjera de prevención operativa y de búsqueda de
homicidios intencionales por parte de unidades policiales criminales. La
metodología de investigación incluye métodos generales y especícos de
la ciencia jurídica: dialéctica, abstracción cientíca, métodos de análisis
de sistemas, formales y dogmáticos, sistémicos y estructurales, históricos
y comparativos, lógicos. Se consideran diversos programas de prevención
de homicidios intencionales, que actualmente se encuentran operando en
diferentes países del mundo. Se analiza la experiencia internacional positiva
de prevención operativa e investigativa de homicidios intencionales, que
puede convertirse en la base para el desarrollo de la legislación pertinente
de Ucrania en esta área. Se concluye que la realización de un análisis
comparativo de la prevención de homicidios intencionales y diversos países
es la base para el desarrollo de las áreas más prometedoras para mejorar la
legislación interna en esta materia.
Keywords: prevención de homicidio; asesinato premeditado; unidades
de policía criminal; experiencia internacional; ciencias
penales.
Introduction
The experience of foreign countries in implementing the strategy of
crime control is valuable not only for the theory, but also for the practice
of crime prevention in Ukraine. Our state is currently in a state of deep
political, economic, and social crisis. The activity of criminal justice
bodies is unbalanced. The judiciary and law enforcement agencies are
being reforming and therefore qualitative organizational and managerial
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Yevhen Khyzhniak, Volodymyr Kapustnyk, Tetiana Batrachenko, Iryna Chuprikova y Artem
Kryshchenko
International experience in preventing intentional homicide by criminal police units
transformations are taking place. Several new criminal prosecution bodies
are being established, namely: the National Police of Ukraine, the National
Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation,
the National Agency for Corruption Prevention, the Specialized Anti-
Corruption Prosecutor’s Oce, etc. In this regard, the study of modern
progressive foreign experience in crime prevention with the participation
of specialized State institutions deserves special attention.
Accordingly, criminal activity is progressing faster than science, which
is designed to counter it. Murders disguised as missing are widespread
now. Many of these crimes are linked to the activities of organized criminal
groups, which increasingly result in the disappearance of businessmen,
bankers, commercial workers, children, the elderly, homeowners, and
others (Pavlenko et al., 2015).
The general methods and typical algorithm of actions of the operational
ocer should be well-established for application in day-to-day performance.
In particular, the Instruction on the organization of interaction of pre-
trial investigation bodies with other bodies and divisions of the National
Police of Ukraine in prevention of criminal oenses, their detection and
investigation dene typical actions of the members of the investigative task
force in case of complaints or reports of criminal oences and responses
thereto (Order No. 575).
The institution of development of intelligence and the technology of
exposing criminal groups that commit intentional homicides is important
at the stage of documenting and ensuring pre-trial investigation.
Documentation means a set of operational and investigative actions
aimed at identifying and recording factual data that are important for the
prevention of crimes and their detection. Documentation in operational
and investigative activities is dened as the process of reecting the factual
data obtained as a result of operational and investigative measures (ARI) in
ocial documents. It is a way of reproducing the true picture of the criminal
act, nding out the circumstances of criminal events in order to make the
correct decision to collect factual data that will help establish the truth.
The content of documentation is achieved through the implementation of
operational and investigative measures aimed at identifying crimes that are
being prepared or committed, obtaining information about those involved
in such activity, circumstances of the oense, as well as specic measures
to prevent and detect crimes (Hrebeniuk et al., 2018). Successful process of
exposing suspects of the thoroughly prepared crime is carried out thanks to
the correctly chosen investigative and operational tactics. The methodology
of forensic, operational and investigative tactics is based, among other
elements, on the active use of data from psychology, logic, pedagogy,
criminal analysis, scientic organization of labor and management science.
Operational ocers apply the operational combinations when carrying out
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covert actions instructions; for example, the ordered set of interconnected
and interdependent tactics. The achievement of the planned outputs is
possible only under terms of the professionalism of the operational ocer,
his (her) personal qualities and impeccable mastery of the psychology of
communication with the population.
The urgency of the problem and insucient development of
organizational and legal framework for the prevention of violent crimes
have determined the purpose of this study. The increase in the scale of
such crimes is the real threat to the security of the State and society, as
it strengthens its position in view of the monopolization of many types
of illegal activities, the lack of reliable mechanisms to counter it (Sevruk,
2015). In this regard, it is necessary to analyze the existing legal framework
of Ukraine, which regulates innovation, in detail, as well as to examine the
implementation of eective proposals to change such a base, considering
the tasks of modernization of law enforcement and judicial authorities
(Yunin et al., 2018). Improving national legislation in the area of criminal
liability for violent crimes requires the study of modern foreign criminal
legislation, which will help to develop and implement the necessary changes
and amendments to the Criminal Code of Ukraine.
1. Methodology
Research methods are chosen based on the subject matter and the
purpose of the study. The article used general and special methods of legal
science, in particular: dialectical method, method of scientic abstraction,
methods of system analysis, formal and dogmatic, system and structural,
historical and comparative and logical methods.
2. Literature Review
The term “crime prevention by operational units of the police” was
rst introduced into scientic circulation by Samoilov in 1982. Not
considering this type of activity of operational units of internal aairs
bodies an independent form, he dened it as being regulated at the time by
departmental regulation activity to carry out individual preventive measures
against persons who can be expected to commit crimes. Subsequently,
Samoilov (1982, pp. 14-15) adjusted his approach to the denition of
such prevention and stated that it is carried out by operatives not only for
individual purposes, as it follows from its denition, but also for general
crime prevention.
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International experience in preventing intentional homicide by criminal police units
Horiaynov et al., (2004) denes such prevention as a set of measures
carried out using the means and methods inherent in the operational
units of the police to achieve the goals of prevention. Kozachenko (1992)
considers the concept of crime prevention in a slightly dierent way. In his
opinion, prevention is a specialized part of the work of law enforcement
agencies with the use of covert forces, means and methods of identifying
the causes of crimes and conditions that contribute to their commission,
persons who can be expected to commit crimes.
These ideas were later developed by Kondratiev (2004), who noted that
in a broad sense, crime prevention is a comprehensive use of operational
and investigative forces and means, and in a narrow sense it is the activity
of operational units to counteract criminal activity by specic individuals
clearly regulated by law and relevant regulations.
According to Moiseiev et al., (2009), crime prevention is a regulated
activity of the police, which lies in conducting systematic monitoring of the
operational situation to eliminate the causes and prevent the conditions
conducive to their commission, to identify persons prone to committing
oenses, and exercising preventive inuence on them in order to prevent
the commission of the planned crimes or those that are being prepared.
Ferguson (2017) believes that criminal analytics currently plays the
most important role in the prevention of crimes, including violent ones.
Using the analytical product “Palantir”, the analysts at Los Angeles Police
Department’s Real-time Analysis Critical Response (RACR) Division
processes information, which is in the police records, from the automated
system for reading data, messages received on the line “911”, video from
public surveillance cameras, etc. Based on this information, the analyst uses
mathematical algorithms to make a prediction about the high possibility
of committing crimes in particular areas by compiling maps indicating
the most criminogenic places. As a rule, such maps are provided to the
operational police units and patrol police.
International Association of Criminal Analysts (or IACA, 2014) considers
criminal analysis to be a process that uses quantitative and qualitative
methods to analyze data that are important to the police units in the eld
of crime prevention, identication of the oenders, determination of the
reasons for the crimes, etc.
Professor Ratclie in his work “Intelligence-Led Policing” (2016) proves
that preventive policing based on operational data and information should
be an approach aimed at ceasing “all crimes, risks and all the damage that
can be caused by these crimes”.
White et al., (2003) state that homicide prevention is a critical police
responsibility and that by employing problem-oriented strategies and
garnering citizen involvement, police may be able to eectively reduce the
prevalence of such violence.
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3. Results and Discussion
The urgency of the study is due to the great importance of solving the
problems of cessation of intentional homicides in Ukraine. There has been
an increase in crime in general and in particularly serious crimes against
the person such as intentional homicide in particular in recent years. Thus,
the number of registered homicides in Ukraine has increased by almost
10% over the last 10 years.
With regard to intentional homicides, the statistics provided by Eurostat
indicate that during 2007–2012, the dynamics of this most serious type
of crime were positive in the vast majority of European countries. As
Maksymovych (2008) correctly pointed out, the criminal legislation of most
foreign countries has features due to the specics of the legal system, the
importance of relevant relations to the State, the traditions of establishing
mandatory rules of conduct, etc. Thus, it is necessary to generalize foreign
experience of operative and search counteraction to murders and to provide
oers on its introduction in practical activity of law enforcement agencies
of Ukraine.
Some foreign countries advocate the most severe sanctions in the form
of the death penalty. But humanity has no right to forget that we live in
a civilized society, where depriving a person of the right to life is totally
inhumane; besides, the death penalty for serious crimes against humanity
and the State can be considered a proven historical means of protecting
society against violations of the conditions of its normal existence (Zavorina,
2017).
The United States not only has the most powerful economy or the most
powerful army in the world, but also has a high prevalence of serious crimes
against life and health. Proof of this is the ranking of the most criminogenic
cities in the world, which includes New Orleans and Detroit, in which there
are 67 and 46 murders per 100,000 populations, respectively. Despite the
fact that the population of this country is about 5% of the world’s population,
the number of people sentenced to imprisonment is a quarter of this gure
worldwide, not counting the 5 million Americans who are released from
probation.
The current crime rates in the United States can be supplemented by
ocial statistics from the Federal Bureau of Investigation (FBI) on so-called
index crime (UCR – Uniform Crime Reports), which includes murder, rape,
aggravated assault, robbery, burglary, burglary (amount over $ 50), car
theft, arson (Lunieiev, 2011; Dzhuzha, 2012).
Among the 72 programs with a high level of eectiveness, there is a
project called the Adolescent Transitions Program, which is designed
for adolescents aged 11 – 17 with delinquent behavior who abuse alcohol
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International experience in preventing intentional homicide by criminal police units
and drugs. The key to the success of this program is that not only the fact
that psychologists and psychiatrists take part in its implementation, but
also parents and family members of troubled adolescents, as well as their
teachers. The aim of the project is to eliminate the shortcomings of juveniles’
communication with their parents, teachers and immediate environment,
change social orientations, values and misconceptions formed under the
inuence of criminogenic marginal microenvironment. The means to
achieve the goals of the program are family therapy, multilevel psychological
courses consisting of motivational interviews, group and individual classes
and conversations, during which the behavior of minors is corrected,
including by teaching their parents the rules of education, basic approaches
encouraging children. The eectiveness of this program has been proven in
its repeated study by specialists, so it is implemented in some cities to this
day.
Thus, in the United States, the program implementation of scientic
ideas of modern American criminologist D. Kennedy, who heads the
Center for Crime Prevention and Control, and teaches at the John Jay
College of Criminal Justice (New York), is now widespread. The essence
of his precautionary criminological theory is embodied in the programs
“Operation Ceasere” and “Drug-market Intervention”. They are based
on the persuasion of members and leaders of street gangs specializing in
violent and drug crime to stop their criminal activities (Kolodiazhnyi, 2017).
The aim of the program is to collect the evidence of the facts of
committing various crimes by specic individuals by the police. After
the police demonstrate to the criminals all the evidence that proves
their guilt, the latter are invited to take part in preventive talks with the
representatives of the local community (neighbors, friends, teachers,
parents, social workers) in exchange for a guarantee not to arrest them. The
implementation of these projects has shown high eciency, as the murder
rate was reduced by 60%, and the overall crime rate almost halved in those
cities where they were carried out. These programs were rst implemented
in 2003 in High Point, North Carolina. After encouraging results, this
practice is widespread in almost 100 cities in the United States and even
other countries (UK, Australia, Brazil, Colombia, Mexico, some Caribbean
countries) (Kolodiazhnyi, 2017).
The theory of Papacristos, a sociologist at Yale University in New Haven,
Connecticut, is the well-tested theory of US citizens being more victimized
to murder. Based on the study of statistics on crimes related to the use of
rearms in Chicago, the scientist substantiated the hypothesis that the
potential and increased chances of intentional homicide do not depend on
such traditional socio-demographic indicators as age, gender, or level of
income, and mostly – the social environment, the fact of communication
with a certain category of people. The scientist states that violence can be
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compared to a hem contact pathogen. Like the disease, it spreads according
to certain laws. The members of the same social network are more likely to
commit the same risky things (carry weapons or commit various crimes),
which increases their risk of violent death. The researcher studied police
les and data on murders that took place in Chicago during 2006 – 2011
in an area of 6 square miles, as it has the highest number of murders. The
results of the study showed that 6% of the population was involved in 70%
of homicides in one way or another, and almost all of the actors involved in
one way, or another dealt with the police or the State health care system.
Besides, for this most vulnerable group the probability of homicide is nine
times higher than the national average (Kolodiazhnyi, 2017).
At present, the theory of Papacristos is widely used by the Chicago
police. According to the crime prevention program, law enforcement
ocers use the so-called network analysis to identify the 20 residents of
the neighborhood who have the highest potential to be the killer or victim
of this crime. As part of this program, assistant police ocers from the local
Chicago population are widely involved, who, instead of the usual arrests
and criminal proceedings on suspicion of committing crimes, conduct
appropriate preventive talks with the representatives of the risk group. This
experience is spreading to other US cities as well (McDonald, 2013).
Crime prevention in the UK is carried out in three main forms: situational,
social, prevention with the help of the public. Special prevention is carried
out at three levels:
- the primary level of prevention, aimed at eliminating external
environmental factors that contribute to the commission of oenses.
- secondary level of prevention, which is aimed to prevent
criminalization of potential oenders and related to the impact on
vulnerable persons, including children at risk.
- tertiary level of prevention, aimed at preventing recidivism by
persons who have already committed oenses.
The secondary level of prevention is called upon to prevent the
criminalization of those whose behavior and lifestyle indicate the possibility
of committing oenses. In contrast to primary prevention measures, which
are general in nature and aimed at eliminating the causes and conditions
of oenses, secondary prevention measures are individual in nature and
involve the impact on the person, his (her) negative traits that determine
illegal behavior. Secondary prevention measures are based on predicting
the individual behavior of a person, which lies in studying persons prone to
delinquency and the sources of negative impact on them. Specic measures
of individual prevention are various school programs of education and
control over the behavior of minors “at risk”, as well as programs designed
to work preventively with their parents. Such programs are implemented
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International experience in preventing intentional homicide by criminal police units
by the joint eorts of the police units, educational institutions, and social
services.
The tertiary level of crime prevention aims to prevent recidivism by
those who have already committed oenses. Prevention of recidivism is
associated with the work of police, judicial, penitentiary measures aimed
at the timely identication of perpetrators, bringing them to justice, as well
as the use of eective means while serving their sentences. Special role in
the prevention of recidivism is given to criminal law measures of inuence.
In order to prevent recidivism, the measures of increased control over the
behavior of convicts are also widely used, as well as programs for their
individual rehabilitation (Dzhuzha et al., 2011).
In 2006 in Germany the project called “Jet” was introduced, which is
still operating nowadays. The essence of this program lies in the reactive,
rapid response of various actors of preventive activity to violent crime in
the juvenile environment. In particular, the Heilbronn Police Department
decided to change the local law enforcement concept to limit the exclusive
response to juvenile violence already committed, while increasing the
presence of police ocers and volunteers in public places, especially on
weekends and holidays.
The “reactivity” of this project is due to the speed of the criminal
prosecution of violent criminals, as well as a broad information campaign
of local media, which informs the public about the constant presence of
police and volunteers on the streets not only during mass entertainment
events, but also in other days. Besides, the key to the eectiveness of this
program is to apply preventive measures to the leaders of informal groups
of adolescents, who are most often involved in mass riots (European Crime
Prevention Network, 2014).
Major crimes in Japan have shown a steady downward trend in recent
years. Thus, the number of intentional homicides detected by the police
decreased by 88%, burglary – by 310%, robbery – by 219%, theft of vehicles
– by 254%, rape – by 175%. The decrease in the registration of the main
types of general criminal oenses by the Japanese police indicates a general
decrease in the crime rate in this country.
The high eciency of the Japanese police can also be attributed to the
fact that in most cases, police ocers live in booths (posts) in their separate
rooms with their families. Due to the constant presence of the police ocer
at his (her) place of work, which coincides with the place of actual residence,
close cooperation is achieved with the residents of the local community. The
latter do not treat the policeman as the representative of the authorities,
but, rst of all, as a neighbor. In addition, high condence in the police
in this country is also achieved through the performance of their duties
without rearms. The main function of the Japanese police at the local
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level is not law enforcement, but social services. This means that Japanese
law enforcement ocers are in constant contact with the residents of a
particular locality, and the police help to solve social, domestic and other
problems that citizens face every day. For the modern policeman of this
State, it is the norm to treat the visitors of the police booth (post) with tea
or to provide the neighbors with an umbrella. It should be noted that the
Japanese model of an extensive system of police stations at the local level
has found support in many countries: Singapore, Indonesia, Costa Rica,
Guatemala, Honduras, El Salvador, Nicaragua. For example, more than
200 police stations were created in the Brazilian metropolis of Sao Paulo
before the nal of the 2014 FIFA World Cup in 2014, following the example
of Japanese police booths. This measure, along with other crime prevention
measures, has signicantly reduced homicide rates in Sao Paulo (Wood,
2015).
Conclusion
At rst glance, the detection and investigation of intentional homicides
should not pose a problem. This type of crime, unfortunately, has been
committed and continues to be committed throughout human history.
However, new ways of committing and masking murders are emerging,
which requires updated techniques and tactics to solve them (Khyzhniak
et al., 2021). Having analyzed foreign experience in the area of crime
prevention, Zavorina (2017) proposed to apply the following measures in
the activities of the National Police of Ukraine: 1) creation of a Standard
Model for Combating Crime at the Regional Level, which will include both
general methodological issues and the list of necessary measures classied
into sections and subdivisions for certain areas of police prevention ; 2)
creation of the coordinating body (council) for crime prevention at the level
of regional departments of the National Police. It should be entrusted with
the functions of developing policies in the area of regional crime prevention;
planning activities in this area; informing the population on the measures
of crime prevention, etc.; 3) adoption of short-term regional programs (for
1 – 2 years) to prevent crime. This program should reect the goals, nature,
means, methods and general direction of crime prevention activities at the
regional level. The system of measures in this area should also be xed, the
basic levels and directions of activity in the area of crime prevention should
be specied.
Operational and preventive measures as the main direction in the ght
against premeditated murder should not be limited just to identifying
the causes of these crimes and their elimination, but also provide for
such measures as creating an atmosphere of intolerance to the violations
of the norms and rules of public life, involvement of the population in
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International experience in preventing intentional homicide by criminal police units
combating crimes, the imposition of equitable punishment for the crime
committed, the proper organization of its serving. It should be noted that
the implementation of these measures in the practice of criminal police
units will undoubtedly positively contribute to the ght against intentional
homicides. State and legal mechanisms should guarantee the safety of each
member of the society, as the safety of the individual depends on the mutual
social well-being, which determines the main task of the law enforcement
system.
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Esta revista fue editada en formato digital y publicada
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