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
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.40 N° 72
Enero
Junio
2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 72 (2022), 760-773
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 10/22/2021 Aceptado el 23/12/2021
Comprehensive methods for
investigating crimes in the illegal
tracking of precious metals and stones
DOI: https://doi.org/10.46398/cuestpol.4072.45
Sergey Leonidovich Nikonovich *
Elena Anatolyevna Kirillova **
Aleksandr Vladimirovich Bocharov ***
Artur Yashevich Avdalyan ****
Daniyar Vulkairevich Kairgaliev *****
Abstract
The objective of the article was to develop theoretical provisions
for structuring comprehensive methods of crime investigation
and to form, on their basis, eective recommendations for the
dissemination and investigation of crimes committed in the
eld of tracking in precious metals and stones. The authors
present comprehensive methods for investigating crimes in the
eld of illegal circulation of precious metals and stones. An archival 300
criminal cases were examined, the preliminary investigation of which
occurred between 2015 and 2019, and in addition, an online interview was
conducted with 220 law enforcement ocers ghting such crimes. As a
result, comprehensive methods have been developed to investigate these
crimes, as well as a system of provisions and scientic recommendations
for the dissemination and investigation of thefts, tracking, violations of
the rules for the delivery of precious objects. He was interested in designing
a method for declaring, illegal enterprise combined into a single subject
of investigation with due attention to criminal and forensic prerequisites,
including the following structural elements: a) comprehensive forensic
characteristics of such crimes, and b) activities of dissemination and
investigation of such crimes using the situational approach in its various
stages.
* Russian State University of Tourism and Service, Moscow, Russia. ORCID ID: https://orcid.org/0000-
0003-3331-9344
** Russian Federation Southwest State University, Kursj, Russia; South-Ural State University (National
Research University), Chelyabinsk, Russia. ORCID ID: https://orcid.org/0000-0001-7137-901X
*** Russian State University of Tourism and Service, Moscow, Russia. ORCID ID: https://orcid.org/0000-
0001-7950-6052
**** Russian State University of Tourism and Service, Moscow, Russia. ORCID ID: https://orcid.org/0000-
0002-3089-8662
***** Volgograd Academy of the Ministry of Internal Aairs of Russia, Volgograd, Russia. ORCID ID:
https://orcid.org/0000-0002-5445-5436
761
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 760-773
Keywords: precious metals; precious stones; illegal movement;
organized crime; methods for the investigation of specic
crimes.
Métodos integrales de investigación de delitos en el
tráco ilegal de piedras y metales preciosos
Resumen
El objetivo del artículo fue desarrollar disposiciones teóricas para
estructurar métodos integrales de investigación de delitos y formar, sobre
su base, recomendaciones efectivas para la divulgación e investigación de
delitos cometidos en la esfera del tráco de metales y piedras preciosas. Los
autores presentan métodos integrales para investigar delitos en el ámbito
de la circulación ilegal de metales y piedras preciosas. Se examinaron
300 casos penales de archivo, cuya investigación preliminar ocurrió entre
2015 y 2019 y, además, se realizó una entrevista en línea a 220 agentes
del orden público que luchan contra tales delitos. Como resultado, se
han desarrollado métodos integrales para investigar estos delitos, así
como un sistema de disposiciones y recomendaciones cientícas para la
divulgación e investigación de robos, tráco, violaciones de las reglas para
la entrega de objetos preciosos. Interesó diseñar un método para declarar,
emprendimiento ilegal combinado en un solo tema de investigación con la
debida atención a los requisitos previos criminales y forenses, incluidos los
siguientes elementos estructurales: a) características forenses integrales de
tales delitos, y; b) actividades de divulgación e investigación de tales delitos
utilizando el enfoque situacional en sus diversas etapas.
Palabras clave: metales preciosos; piedras preciosas; circulación ilegal;
crimen organizado; métodos para la investigación de
delitos especícos.
Introduction
Characterized by small size, high safety and liquidity, precious metals
and precious stones are always in the focus of the underworld, therefore
this sphere is seriously criminalized. The crimes related to the illegal
tracking of precious metals and precious stones are classied according
to their organization, professionalism, seriality, and territory (Wisniewski
et al., 2018).
762
Sergey Leonidovich Nikonovich, Elena Anatolyevna Kirillova, Aleksandr Vladimirovich Bocharov,
Artur Yashevich Avdalyan y Daniyar Vulkairevich Kairgaliev
Comprehensive methods for investigating crimes in the illegal tracking of precious metals and stones
During the rapid development of science and technology, criminals
commit even more daring economic crimes using modern technologies.
The methods of committing crimes have become sophisticated and
diverse. While developing methods aimed at a particular type of crime, it
is impossible to cover the entire range of measures for their disclosure and
investigation since other types of crimes can organically interweave into the
rst one (Kirillova and Kurbanov, 2017).
While analyzing the tactical tasks solved during the investigation of such
crimes, we established that the existing generic methods help investigate
only one type of crimes and narrow the possibilities for investigating various
types of theft, illegal tracking, violations of the rules for delivery to state,
as well as the illegal entrepreneurship of precious metals and precious
stones. When investigating these types of crimes, most organizational and
tactical tasks, as well as methods for their solution, coincide, therefore there
is an obvious need to create comprehensive methods for investigating the
above-mentioned group of crimes and formulate its theoretical provisions
(Chowdhury, 2021).
These methods should cover the following crimes: theft, illegal
tracking, violations of the rules for the delivery of precious metals and
precious stones to the state, illegal entrepreneurship. They will allow
practitioners to apply a unied approach to the investigation of several
types of crimes, regardless of their legal assessment. Its recommendations
can be applied once the initial information about the crime of any type is
received until a preliminary investigation is completed and an indictment
is sent to the court. To simplify the nomination of the proposed approach,
we will designate it as a method for investigating crimes in the sphere of
precious metals and precious stones.
The study aims at developing theoretical provisions for comprehensive
methods of crime investigation and forming, on their basis, eective
recommendations for the disclosure and investigation of crimes committed
in the sphere of precious metals and precious stones tracking.
1. Methods
The methodological basis of the research was formed by modern
scientic theories and the system of philosophical knowledge as a universal
dialectical method of cognizing reality. The study comprises 300 archival
criminal cases, whose preliminary investigation was carried out between
2015 and 2019.
The online interviews we conducted embraced 220 law enforcement
ocers ghting against such crimes, including 107 investigators and 113
operational ocers of internal aairs bodies.
763
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 760-773
During the research, we used historical, systemic-structural,
comparative-legal, logical-theoretical, sociological, and statistical methods.
These methods were applied comprehensively to ensure the objectivity and
reliability of the study results.
The methodological principle of the research was to observe the
relationship between the general, the particular and the individual, the
historical and the logical, the abstract and the concrete.
The theoretical basis of the research was formed by scientic works in
the eld of philosophy, sociology, general theory of law, constitutional,
criminal, criminal procedure law, criminology and other branches of law,
scientic provisions of forensic science, the theory of law enforcement
intelligence operations.
2. Results
In the structure of economic crime, crimes in the sphere of tracking
precious metals and precious stones make up no more than 10%. At the
same time, acts directly related to the illegal circulation of precious stones
account for about 3-5% of the total number of crimes. The study has revealed
that in the total volume of stolen precious metals and precious stones, gold
is 38%, silver is 28%, platinum and platinoids are 10%, diamonds are 12%;
emeralds and alexandrites are 10%, rubies and sapphires are 2% (Coetzee
and Horn, 2007). Precious minerals often exist in the form of individual
nuggets of various weight, veins and other inclusions, as well as in the form
of sand and placers in deposits.
A criminal stealing such objects should know their structural and
physicochemical features to establish their authenticity. Natural precious
metals and gemstones dier from their articial counterparts, so a person
who steals them requires basic mineralogical knowledge and practical skills
to distinguish a precious mineral from others. Thus, an investigator should
also have sucient knowledge in the eld of mineralogy.
There are several approaches to the classication of crimes: by the
method a crime was committed; by the degree of its concealment; by
criminal experience; by the place of its commission; some other criteria.
It is necessary to form a separate category of crimes related to theft,
violations of the rules of delivery to the state, illegal entrepreneurship,
illegal circulation of precious stones (diamonds, emeralds, rubies,
sapphires, alexandrite’s) and precious metals (gold, silver, platinoids).
This classication should be supplemented with a dierentiation based
about criminal encroachment, which is typical of crimes in the sphere of
illegal circulation of precious metals and precious stones. The basis for
764
Sergey Leonidovich Nikonovich, Elena Anatolyevna Kirillova, Aleksandr Vladimirovich Bocharov,
Artur Yashevich Avdalyan y Daniyar Vulkairevich Kairgaliev
Comprehensive methods for investigating crimes in the illegal tracking of precious metals and stones
this classication is not only the subject of criminal encroachment but also
features of its extraction, enrichment, and protection, which directly aects
the disclosure, investigation, and prevention of these crimes.
The following classication can be proposed for the illegal tracking of
precious metals and precious stones (Table 1).
Table 1. The classication of crimes related to the illegal
circulation of precious metals and precious stones
Classication related to the objective aspects of a crime:
By the method a crime was committed: By the method of concealing a crime,
if it is not an integral part of the
method of committing the crime:
Theft by opening washing or enriching
devices or through free access; exploiting
precious metals and stones without
a license; selling precious metals
and stones in violation of special
handling rules, as well as the illegal
transportation, shipment, storage,
movement of such goods across the
border
Keeping the stolen in hiding places
or hiding it inside one’s body,
including smuggling goods; hiding
precious metals and precious stones
in private houses, apartments, or
vehicles
Classication related to the object of a crime:
By a eld of activity: By the place where a crime was
committed, or the object of
encroachment was located:
By the methods
used to protect the
direct subject of
encroachment:
The mining
industry,
metallurgy,
manufacturing
industry, jewelry,
trade, and foreign
trade
Places where precious metals and
stones are directly mined: enriching
factories, dredging engines, open-pit
mines, washeries, mines, geological-
prospecting sites, etc.; the central
regions of the country and the
territory of customs terminals when
crossing the border
With or without
electronic security,
with a common
security system
provided by
paramilitary
services or
departmental
services, as well
as an unguarded
territory
Classication related to the subjective aspects of a crime:
With premeditated intent With sudden intent
Classication related to the subject of a crime:
Alone or jointly For the rst time
or repetition Persons who
have or do not
have access to
the object of
encroachment
Men and women
Source: own elaboration.
765
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 760-773
Thus, this criminal classication allows not only to dierentiate various
types of crimes but also to highlight the methods of their investigation.
When committing crimes related to the illegal tracking of precious
metals and precious stones, the subject of criminal encroachment (a
materially expressed element of the object) are precious metals and natural
precious stones, including gold, silver, platinum and platinum group
metals, diamonds, emeralds, sapphires, rubies, alexandrite’s and sea pearls.
A condition for criminal liability is the iniction of large-scale damage to
citizens, organizations, and the state. Constituent elements of a crime are
material and formal. A crime is considered completed from the onset of
harmful consequences.
The typical features of the subject of encroachments are presented in the
table below (Table 2).
Table 2. Typical features of the subject of crimes related to the
illegal circulation of precious metals and precious stones
Source: own elaboration.
The information about stolen and illicitly tracked precious metals or
precious stones might indicate their movement from places of their theft
to buyers, carriers, appraisers, and jewelers; sales channels (within the
country and abroad); their temporary storage (apartments, private houses,
summer cottages, dormitories, etc.) belonging to the person who committed
the theft or their relatives, friends, acquaintances (Flynn, 2009).
We considered the factors forming the structure of the theft of precious
metals and precious stones and determined the following interrelated
components:
766
Sergey Leonidovich Nikonovich, Elena Anatolyevna Kirillova, Aleksandr Vladimirovich Bocharov,
Artur Yashevich Avdalyan y Daniyar Vulkairevich Kairgaliev
Comprehensive methods for investigating crimes in the illegal tracking of precious metals and stones
1. The geographical location and natural-climatic conditions of the
regions where precious raw materials are mined and enriched.
2. The conditions immediately preceding a crime and accompanying
it; their impact on the committed oense.
3. The spatial position of an object (distance from settlements and
roads), its structural features.
4. The nature of the terrain, its relief, the presence and state
of infrastructures, routes and distance between individual
administrative points, the possible communication for arrival and
departure from the crime scene, the transportation of the object.
5. The system of features characterizing the object of criminal
encroachment (a factory workshop, a mining and processing
plant, a mining partnership, a washery for extracting precious raw
materials, a storage of mineral raw materials, a tailing dump, its
production, technical and communication features).
6. The location of premises, i.e., the object of encroachment in relation
to other residential and administrative buildings (structures), their
condition, the presence and nature of protection (signaling system),
etc.
7. The work schedule of an enterprise (organization), the movement
of people and security representatives, transportation (water, rail,
air, motor), the state of radio and telecommunications at the crime
scene.
8. Circumstances that contributed to or hindered the preparation,
commission, and concealment of the crime, and whether the
criminal took them into account.
9. Unconventional factors manifested in the current situation and
their inuence on the crime.
10. A real opportunity to take advantage of an articially created or
objectively developed situation to commit the crime (Nikonovich,
2015).
The above-mentioned set of components can be conditionally subdivided
into two groups: permanent and temporary factors. The time a crime was
committed is a component of the environment. The study of criminal
activity with due regard to the time factor helps to better understand the
functioning of the underworld, including the time needed to nurture the
idea of organizing illegal activities, preparing the necessary tools, etc. In
addition to the place and time a crime was committed, the сrime situation
767
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 760-773
also includes the circumstances that contribute to the commission of such
crimes (Van den Eeden et al., 2016).
3. Discussion
A typical feature of crimes that infringe on public relations, ensuring
the circulation and safety of precious metals and precious stones, is the fact
that they are interconnected and accompany each other. Thus, the theft or
violation of the rules for the delivery of precious metals and precious stones
to the state might be associated with illegal entrepreneurship and illegal
circulation. Furthermore, a series of actions within the objective aspect of
a crime can simultaneously be part of another one (Wang et al., 2020).
For example, when stealing precious metals and precious stones from
enrichment enterprises, a criminal, prior to the sale of this jewelry, has to
hide them at home or keep them for some time. In this regard, large-scale
storage is a criminal act. The direct object of a crime is public relations that
regulate entrepreneurial activity.
While studying methods for investigating the theft, violations of the
rules of delivery to state, illegal entrepreneurship, illegal tracking of
precious metals and precious stones, and smuggling, we can conclude that
comprehensive and consolidated methods for investigating this group of
crimes are necessary for their successful disclosure.
A group of complex methods for investigating crimes should include a set
of recommendations based on both the criminal and forensic classication
of crimes. Complex methods are built over constituent elements of a crime
according to the criminal classication (McLamb, 2015). However, they
should also consider groups of crimes united by specic and generic objects,
i.e., hybrid and heterogeneous crimes which, if taken in isolation from the
forensic criterion, do not have any common patterns.
For example, theft, violations of the rules for delivery to state,
illegal circulation of precious metals and precious stones, as well as
illegal entrepreneurship in this area, do not have a common criterion
since these crimes are of dierent types. It would be impossible and
inexpedient to combine such crimes within a single classication and,
accordingly, investigative methods if it was not for the use of an additional
forensic criterion. The latter is an area of activity, i.e., the circulation of
precious metals and precious stones. In this case, the commonality and
interdependence of these encroachments become obvious if these crimes
are committed sequentially or in combination, for example, in connection
with their abduction, illegal storage and circulation. Additional forensic
grounds for classication are presented in the table below (Table 3).
768
Sergey Leonidovich Nikonovich, Elena Anatolyevna Kirillova, Aleksandr Vladimirovich Bocharov,
Artur Yashevich Avdalyan y Daniyar Vulkairevich Kairgaliev
Comprehensive methods for investigating crimes in the illegal tracking of precious metals and stones
Table 3. Additional forensic grounds for classication
1. Similar elements of the environment and conditions conducive to the com-
mission of crimes
2. Similar methods for committing and concealing crimes (for example, meth-
ods for concealing the subject of a crime are the same for theft, violations of
the rules for the delivery of precious metals and precious stones to state, as
well as for their illegal turnover and smuggling)
3. Similar characteristics of the subjects committing these crimes
4. Similar features of the investigation
Source: own elaboration.
When considering such acts as criminal activity within the framework
of a special forensic classifying criterion (the illegal circulation of precious
metals and precious stones), we revealed that these components form its
structure.
Complex techniques dier from special ones since they embrace both
criminal and forensic grounds for classication (Hall, 2010). In this
context, various types of crimes are combined on several criminal grounds.
Their commonality is conditioned by the fact that they are performed in
real and ideal aggregates. At the same time, their commission stipulates
the same intent of organizers, instigators, accomplices and perpetrators of
a crime, their common motives and goals, single mechanisms of organized
criminal activity. Thus, certain elements of forensic models of seemingly
heterogeneous criminal activity are closely interconnected, which ultimately
determines the specic advancement and development of versions, their
planned verication, tactics of investigative actions and the specics of
conducting tactical operations.
Thus, the subject of illegal tracking (precious metals and/or precious
stones) is stolen or illegally extracted (mined without a license) or is in illegal
storage for some time. In this case, it refers to complex criminal activity. It
is mainly manifested in the fact that criminals commit several acts in the
eld of theft, illegal tracking, illegal entrepreneurship, violations of the
rules for the delivery of precious metals and precious stones to the state,
which forms inextricably linked real and ideal cumulative oenses in the
context of criminal legal qualications (Miller and Massey, 2018). Methods
for investigating this group of crimes should be just as complex.
The conditional selection of complex methods is expressed in the fact
that many recommendations introduced into practice, developed as typical
or special ones, are outdated at the present stage of the development of
crimes and means of combating them. They need to be modernized,
enlarged, and transformed into complex ones.
769
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 760-773
The development of complex investigative methods should be based on
both forensic and criminal classications.
Comprehensive methods for investigating crimes in the sphere of
illegal tracking of precious metals and precious stones is a system
of interconnected elements having a certain structure, according to
which its elements are arranged in a strict sequence and form their own
subsystems (Mateen and Tariq, 2019). An element of this system is a
complex forensic feature and the corresponding recommendations for the
disclosure and investigation of several types of crimes. Along with forensic
recommendations, comprehensive methods also contain their justication
in the form of scientic and empirical provisions.
One part (the theft of precious metals and precious stones) of such
methods is harmoniously included in the basic investigation of the theft
of other people’s property. Its other part (an illicit trade and violation of
the rules for the delivery of precious metals and precious stones to state,
illegal entrepreneurship) is added into the basic investigative technique for
disclosing crimes in the eld of economic activity.
At the same time, such methods have a certain degree of generalization
since they form a generic group in relation to specic investigative
techniques: theft, illegal tracking, violations of the rules for the delivery
of precious metals and precious stones to the state, illegal entrepreneurship
(Horsman et al., 2019). The unifying factor is also the generic concept of the
subject of crimes, i.e., precious metals and precious stones in conformity
with their types (gold, silver, diamonds, etc.).
The system of forensic techniques for investigating crimes in the sphere
of illegal tracking of precious metals and precious stones is presented in
the table below (Table 4).
Table 4. The system of forensic techniques
Level One General provisions of investigative techniques characterized by the
greatest degree of abstraction
Level Two Basic techniques of investigating crimes in the eld of economic
activity and the theft of other people’s property, and comprehensive
methods for investigating thefts, violations of the rules of delivery
to state, illegal trade in precious metals and precious stones, illegal
entrepreneurship
Level Three Specic methods for investigating the theft, illegal tracking,
violations of the rules for the delivery of precious metals and
precious stones to state, illegal entrepreneurship
770
Sergey Leonidovich Nikonovich, Elena Anatolyevna Kirillova, Aleksandr Vladimirovich Bocharov,
Artur Yashevich Avdalyan y Daniyar Vulkairevich Kairgaliev
Comprehensive methods for investigating crimes in the illegal tracking of precious metals and stones
Level Four Special methods for investigating the theft, illegal tracking,
violations of the rules of delivery to state and illegal entrepreneurship
of precious metals and precious stones by a certain place: in various
industries (the mining industry, nonferrous metallurgy, jewelry); by
the subject of encroachment: methods for investigating theft, illegal
tracking, illegal entrepreneurship and violations of the rules for
delivering industrial diamonds, emeralds, alexandrites, sapphires,
rubies, industrial gold, silver and platinoids to state which have the
highest degree of specication
Source: own elaboration.
Thus, the role of the above-mentioned complex investigative techniques
in the system of forensic methods is visible.
When forming group methods in addition to classications, the following
principles should also be taken into account: the establishment of general
provisions that underlie a group association; the presence of objective
patterns common to the commission of all types of crimes included into the
group; the determination of investigation areas that are general (universal)
for all the types of crimes included into the group under study; the denition
and description of a general approach to the disclosure and investigation of
the above-mentioned group of crimes.
The specics of forming such methods were the generalization of the
existing experience expressed in private methods for investigating the
theft of industrial gold and diamonds, as well as the illegal tracking of
precious metals and precious stones. Generalization is manifested in the
identication of the most general, signicant, and essential properties of
the studied phenomena and the exclusion of accidental and less signicant
phenomena.
Conclusion
The study has developed comprehensive methods for investigating
crimes in the sphere of precious metals and precious stones tracking as
a system of scientic provisions and recommendations for the disclosure
and investigation of theft, illegal tracking, violations of the rules for the
delivery of precious metals and stones to state, illegal entrepreneurship
combined into a single research subject with due regard to criminal and
forensic prerequisites, including the following structural elements: a)
comprehensive forensic features of such crimes; b) activities for the
disclosure and investigation of such crimes using the situational approach
at its various stages.
771
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 760-773
The forensic methods for investigating crimes in the sphere of precious
metals and precious stones tracking are divided into four main levels. The
rst level is general provisions of investigative techniques characterized
by the greatest degree of abstraction. The second level includes the basic
techniques of investigating crimes in the eld of economic activity and
the theft of other people’s property, and comprehensive methods for
investigating thefts, violations of the rules of delivery to state, illegal trade
in precious metals and precious stones, illegal entrepreneurship.
The third level comprises specic methods of investigating theft, illegal
tracking, violations of the rules for the delivery of precious metals and
precious stones to the state, illegal entrepreneurship. The fourth level is
made by special methods for investigating the theft, illegal tracking,
violations of the rules of delivery to state and illegal entrepreneurship of
precious metals and precious stones by a certain place: in various industries
(the mining industry, nonferrous metallurgy, jewelry); by the subject of
encroachment: methods for investigating theft, illegal tracking, illegal
entrepreneurship and violations of the rules for handing over industrial
diamonds, emeralds, alexandrite’s, sapphires, rubies, industrial gold, silver
and platinoids to state which have the highest degree of specication.
While analyzing the forensic characteristics of certain types of
crimes included in the above-mentioned group, we established the main
interrelationships of their elements and the corresponding four models of
the commission of crimes:
1. The connecting element of forensic features of the theft of precious
metals and precious stones is the subject of criminal encroachment,
which determines, on the one hand, the place of theft (the territory
of an industrial enterprise) and its method (through free access);
on the other hand, its realization is illegal tracking (extraction
sites: cities, workers’ settlements, etc.) representatives of organized
crime; b) the main form of embezzlement was theft committed by
men previously not convicted who were employees of enrichment
enterprises.
2. The main form of illegal circulation of precious metals and stones
was their sale to representatives of organized crime, buyers of gold
and precious stones, jewelers, representatives of the patriarchy men
previously not convicted who kept and carried jewelry or transported
them in vehicles.
3. The predominant methods of violations of the rules for the
delivery of precious metals and precious stones to state and illegal
entrepreneurship in this area were as follows: the unauthorized
mining of precious metals in the channels of taiga streams and rivers
under the guise of exploration and illegal development of mines,
772
Sergey Leonidovich Nikonovich, Elena Anatolyevna Kirillova, Aleksandr Vladimirovich Bocharov,
Artur Yashevich Avdalyan y Daniyar Vulkairevich Kairgaliev
Comprehensive methods for investigating crimes in the illegal tracking of precious metals and stones
pits, quarries, tailing dumps by men earlier not convicted stored
and carried jewelry with them or transported them in a vehicle.
In general, the complex characteristics of such crimes are interconnected
in the following way: the connecting element of this group of crimes is the
subject of a crime, i.e., precious metals and precious stones (gold is 41%,
silver is 25%, platinum and platinum group metals are 7%, diamonds are
18%, emeralds and alexandrite’s are 7%, rubies and sapphires are 2%).
Firstly, it correlates with the situation in which crimes are committed (the
territory of mining regions and external borders of the country: customs,
customs posts, and terminals) in the spring-summer period, on weekends
and holidays, in the evening and at night. Secondly, it relates to the
methods of committing a crime (theft is 99%, sale is 60%, storage is 25%,
transportation and shipment is 15%).
Thirdly, it is linked with the methods of concealing the subject of a crime
(in outer clothing and underwear, in the natural cavities of the body, in
everyday objects and vehicles). Fourthly, it depends on the personality of
a criminal (an adult previously not convicted, having secondary or higher
education, a married man positively characterized at the place of work and
residence who committed a crime with a mercenary motive). Fifthly, it can
be a person who committed a crime in a group of co-perpetrators.
Comprehensive forensic characteristics of these crimes allow one to
develop reasonable versions, outline a plan of operational and investigative
measures and eectively investigate crimes included in this group without
the practice of investigating any type of these crimes. In addition, they allow
developing an eective investigation program for all the crimes included in
the group.
Bibliographic References
CHOWDHURY, Mehzeb. 2021. “Beyond bagging and tagging – An empirical
investigation into the roles, designations and responsibilities of crime
scene practitioners” In: Science & Justice. Vol. 61, No. 3, pp. 271-279.
COETZEE, Ben, HORN, Riana. 2007. The theft of precious metals from South
African mines and reneries. Available online. In: https://www.les.
ethz.ch/isn/101895/2006_11_27.pdf. Date of consultation: 14/03/2021.
FLYNN, H.F. 2009. The use of informers during precious metals undercover
operations: Doctoral dissertation. University of South Africa, South
Africa.
773
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 760-773
HALL, Tim. 2010. “Economic geography and organized crime: A critical review”
In: Geoforum, Vol. 41, No. 6, pp. 841-845.
HORSMAN, Graeme; FINDLAY, Benjamin; JAMES, Tim. 2019. “Developing
a ‘router examination at scene’ standard operating procedure for crime
scene investigators in the United Kingdom” In: Digital Investigation.
Vol. 28, pp. 152-162. Available online. In: https://doi.org/10.1016/j.
diin.2019.01.010. Date of consultation: 14/03/2021.
KIRILLOVA, Elena Anatolyevna; KURBANOV, Rashad Afatovich;
SVECHNIKOVA, Natalia Viktorovna; ZULFUGARZADE, Teymur
El’darovich; ZENIN, Sergey Sergeevich. 2017. “Problems of ghting
crimes on the Internet” In: Journal of Advanced Research in Law and
Economics. Vol. 8, No. 3, pp. 849-856.
MATEEN, Rana Muhammad; TARIQ, Asma. 2019. Crime scene investigation
in Pakistan: A perspective. Forensic Science International: Synergy.
MCLAMB, Jennie-Leigh. 2015. 2: Examining Typical Crimes. Keeping Religious
Institutions Secure. Butterworth-Heinemann. United Kingdom.
MILLER, Marilyn; MASSEY, Peter. 2018. Chapter 1: Crime Scene Investigations.
The Crime Scene. Academic Press. Cambridge, UK.
NIKONOVICH, Sergey Leonidovich. 2015. The theory and practice of
investigating crimes in the eld of illegal tracking of precious metals
and stones. Moskovskii universitet MVD Rossii. Moscow, Russia.
VAN DEN EEDEN, Claire; DE POOT, Christianne; VAN KOPPEN, Peter.
2016. “Forensic expectations: Investigating a crime scene with prior
information” In: Science & Justice. Vol. 56, No. 6, pp. 475-481.
WANG, Litao; MEISHENG, Jia; SHEN, Shifei. 2020. “A knowledge-based
reasoning model for crime reconstruction and investigation” In: Expert
Systems with Applications. Vol. 159. Available online. In: https://doi.
org/10.1016/j.eswa.2020.113611 Date of consultation: 14/03/2021.
WISNIEWSKI, Kristopher; PRINGLE, Jamie; WILSON, Gary. 2018. “Wildlife
crime: The application of forensic geoscience to assist with criminal
investigations” In: Forensic Science International. Available online. In:
https://doi.org/10.1016/j.forsciint.2018.10.026 Date of consultation:
14/03/2021.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en enero de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 72
