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
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 74
2022
Recibido el 14/04/2022 Aceptado el 25/06/2022
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
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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.
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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
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
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Co mi té Ase sor
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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
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Vol. 40, Nº 74 (2022), 115-131
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Using the possibilities of criminal
analysis during the pre-trial investigation
in criminal proceedings
DOI: https://doi.org/10.46398/cuestpol.4074.05
Hanna Foros *
Olena Melnikova **
Tetiana Voloshanivska ***
Oksana Maslyuk ****
Kostyantin Bakhchev *****
Abstract
The article identies theoretical and applied problems of the
use of criminal analysis in the investigation of criminal oenses.
The main characteristics, components and types of criminal
analysis are highlighted. The positive experience of the American
model of criminal analysis is studied. The peculiarities of the use
of criminal analysis in the territory of Ukraine are claried, the prospects of
legalization of its results are determined, as well as active implementation
at the national level to enhance the ght against organized criminal activity.
With the help of general philosophical and special scientic methods, the
prospects of analytical support of criminal proceedings during pre-trial
investigation are examined, proposals are made on active implementation
and eective use of methods and results of criminal analysis in criminal
procedural evidence. It is concluded that an eective way to analytically
obtain information about the suspect’s contacts, his probable connections
and other entities having an interest of operational and investigative units
of Ukrainian law enforcement agencies is to use the method of telephone
connections analysis during pre-trial investigation of criminal oences.
* Candidate of legal sciences. Professor’s Assistant of the Department of Cybersecurity and Information
Support of Odesa State University of Internal Aairs, Odesa, Ukraine. ORСID ID: https://orcid.
org/0000-0002-9504-3681
** Candidate of legal sciences. Professors of the Department of Cyber security and information support of
Odesa State University of Internal Aairs; Odesa, Ukraine. ORСID ID: https://orcid.org/0000-0001-
8026-752Х
*** Candidate of legal sciences. Associate Professor of the Department of Criminal Procedure of Odesa
State University of Internal Aairs, Odesa, Ukraine. ORСID ID: https://orcid.org/0000-0002-1060-
5412
**** Candidate of legal sciences. Associate Professor of the Department of criminal law and process of
Uzhorod National University, Uzhorod, Ukraine. ORСID ID: https://orcid.org/0000-0003-1201-8956
***** Candidate of legal sciences. Dean of the Faculty of Training Specialists for Preventive Activity Units
of the Dnipropetrovsk State University of Internal Aairs, Dnipro, Ukraine. ORСID ID: https://orcid.
org/0000-0002-0934-6628
116
Hanna Foros, Olena Melnikova, Tetiana Voloshanivska, Oksana Maslyuk y Kostyantin Bakhchev
Using the possibilities of criminal analysis during the pre-trial investigation in criminal
proceedings
Keywords: crime prevention; registration; criminal analysis; strategist;
operational and tactical analysis.
Uso de las posibilidades del análisis criminal durante
la investigación previa al juicio en el proceso penal
Resumen
El artículo identica problemas teóricos y aplicados del uso del análisis
criminal en la investigación de delitos penales. Se destacan las principales
características, componentes y tipos de análisis criminal. Se estudia la
experiencia positiva del modelo americano de análisis criminal. Se aclaran
las peculiaridades del uso del análisis criminal en el territorio de Ucrania,
se determinan las perspectivas de legalización de sus resultados, así como
la implementación activa a nivel nacional para aumentar la lucha contra
la actividad delictiva organizada. Con la ayuda de métodos losócos
generales y cientícos especiales, se examinan las perspectivas de apoyo
analítico de los procedimientos penales durante la investigación previa al
juicio, se hacen propuestas sobre la aplicación activa y el uso efectivo de
métodos y resultados del análisis criminal en la prueba procesal penal. Se
concluye que una forma ecaz de obtener analíticamente información sobre
los contactos del sospechoso, sus probables conexiones y otras entidades
que tienen un interés de las unidades operativas y de investigación de
los organismos encargados de hacer cumplir la ley de Ucrania, consiste
en utilizar el método de análisis de conexiones telefónicas durante la
investigación previa al juicio por delitos penales.
Palabras clave: prevención del crimen; registro; análisis criminal;
estratega; análisis operativo y táctico.
Introduction
With the development of any branch of knowledge, including forensic
science, problems of varying complexity arise that require specic methods
and approaches to solve them. This is also due to the fact that the volume
of scientic knowledge is growing rapidly, it is necessary to improve and
create new, eective methods of assimilation and practical application of the
acquired knowledge. The main task at the present stage of forensic science
and operational search activity should be the development of methods of
both practical and theoretical orientation, which will create a solid scientic
basis for its development.
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In connection with the transition to the information society, the world
trend in the eld of law enforcement has become the use of various methods
and tools for analyzing a wide range of information, both directly related to
criminal activity and indirectly related to this negative social phenomenon.
After the entry into force of the new Criminal Procedure Code of Ukraine
and the introduction of certain changes in other legislative acts, factors were
identied that hinder the implementation of quality activities at the stage
of pre-trial investigation of criminal proceedings. Within the framework
of the given powers, law enforcement bodies obtain a sucient array of
information on criminal activity, including organized economic crime. In
this regard, the use of tools that would be able to process a large amount
of available data is a crucial task. One of such tools is criminal analysis
(Koristin et al., 2016).
One of such tools in the activities of operational units of the National
Police of Ukraine is criminal analysis - a specic type of information-
analytical activity, which consists in identifying and accurately determining
the internal links between information (information, data) related to the
crime and any other data obtained from various sources, their use in the
interests of operational search and investigative activities, their analytical
support (Bilous, 2021).
As practice shows, timely and eective analytical research contributes to
the detection of a signicant number of high-prole crimes, especially - “in
hot pursuit”, the detention of criminals and the general increase in pressure
on crime. The emphasis on criminal analysis is extremely important in the
context of law enforcement, given the profound impact it can have on police
strategy, tactics and methods.
Currently, criminal analysis has become the beginning of active
implementation of technological innovations through constant updating of
software analytical tools, modernization of technical means, introduction
of innovative technologies (for example, systems for rapid viewing and
analysis of surveillance camera materials using Video Synopsis, innovative
image processing technology) (Kalynovsky and Shkolnikov, 2017).
1. Methodology of the study
Given the set goal, the specics of the object and subject of research, the
methodological tools were chosen. The methodological basis of the article
is a dialectical approach to the analysis of the use of criminal analysis in the
activities of investigative and operational units. The study used a system
of methods of scientic knowledge: formal logic (deduction, induction,
analogy, abstraction, synthesis) to clarify in detail the content of the issues;
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Hanna Foros, Olena Melnikova, Tetiana Voloshanivska, Oksana Maslyuk y Kostyantin Bakhchev
Using the possibilities of criminal analysis during the pre-trial investigation in criminal
proceedings
empirical - during experimental research and interviewing experts; system
analysis method - to determine the directions of introduction of innovative
approaches to solving the problem; theoretical - during the study of
scientic and educational literature; modeling - in the process of studying
certain objects by modeling their individual features.
2. Analysis of recent research
The issue of the content and role of criminal analysis in the criminal
procedural activities of law enforcement agencies of Ukraine to combat
crime has recently attracted much attention of scientists and practitioners.
The scientic basis of the work is the work of authoritative scientists who
study the problematic issues of analytical support of criminal proceedings,
in particular R. Bilous, V. Vasilinchuk, O. Taran (Bilous et al., 2021),
J. Eterno, С. Roberson, (Eterno and Roberson, 2015), I. Fedchak (Fedchak,
2021), O. Kalynovsky, V. Shkolnikov (Kalynovsky and Shkolnikov, 2017),
A. Sakovsky, M. Klimchuk (Sakovsky and Klimchuk, 2019), O. Koristin,
S. Albul, A. Kholostenko, O. Zayets (Koristin at al., 2016), A. Guchok
(Guchok, 2012).
At the same time, today in the doctrine and practice of Ukrainian law
enforcement agencies there are many problematic issues related to the
denition and common understanding of the category «criminal analysis»,
its content and types, legal regulation of its use in criminal proceedings and,
accordingly, the use of results. products) of criminal analysis in criminal
procedural evidence at the stage of pre-trial investigation, etc.
Currently, organizational and legal changes in the activities of law
enforcement agencies, which necessitates the continuation of scientic
research in this area in the context of new conditions. This justies the goal
of determining the content, place and role of criminal analysis in ensuring
eective pre-trial investigation and clarifying all the circumstances to be
proved in criminal proceedings, development and publication of relevant
legal and applied recommendations.
3. Results and discussion
3.1. General bases of the criminal analysis concerning activity of
all law enforcement agencies concerning counteraction to crime
At the beginning of the study, it is advisable to investigate the etymology
of the term «analysis», as a component of the broader concept of «criminal
analysis», as well as to determine the essence of «forensic information»,
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as a related category, which is more inherent in the doctrine of forensic
science.
A particularly important place in the criminal process during the
implementation of its stages is played by the source of information, which
depends on the reliability, truthfulness and reliability. Sources of information
are statutory databases and data banks with a wide range of representation,
which are used in practice, the activities of state organizations, in carrying
out their activities, in the transfer of personal information.
Such sources can be divided into open and closed. Sources of
information on criminal analysis may be information obtained in the course
of operational and service activities of the police, the media, including the
Internet, from other sources, as well as the results of strategic criminal
analysis and their own analytical work.
According to the provisions of Article 25 of the Law of Ukraine “On the
National Police”, the police have the right to carry out information and
analytical activities within which they also carry out information retrieval
and information-analytical work (Law Of Ukraine “On The National
Police”, 2015). During the criminal analysis, there is a purposeful search,
detection, recording, removal, ordering, analysis and evaluation of criminal
information, its presentation, transmission and implementation.
Saltevsky considers forensic information as «data on the theoretical
foundations for the occurrence of traces of a crime, practical methods and
means of using them to detect, investigate and prevent crimes» (Saltevsky,
1996: 37). It reduces forensic information to trace data. The proposed
denition seems to be somewhat narrowed in scope, since forensic
information includes not only information about traces, but also, for
example, data about the oender, the situation, etc.
Parshina proposed the following denition: “Forensically signicant
information is information that is important for establishing the
circumstances to be proved in criminal proceedings, or contributing to
obtaining such, as well as any information that is important for achieving
the goals of criminal proceedings” (Parshina, 2004: 8).
Taking into account the proposed comments, as the initial denition
of criminal information, it can be taken as a basis that such is any factual
data about the investigated crime event and the circumstances associated
with it. In conclusion, we can conclude that information is the basic concept
of forensic science. The practical signicance of the study of forensic
information is necessary in order to determine and develop the most
eective ways of collecting it, researching, evaluating and using it, verifying
its reliability, as well as introducing the technical means necessary for this.
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Using the possibilities of criminal analysis during the pre-trial investigation in criminal
proceedings
In its content, «criminal analysis» combines two separate concepts:
«criminal» and «analysis». Criminal - one that relates to the study of crime
and crime, the ght and prevention of crime (Fedchak, 2021). The analysis
ensures the completeness and versatility of the study. In the structure of
any forensic research the analytical stage is allocated, its essence consists in
movement of thought from the general and separate qualities of object. In
this case, the completeness of the analysis is achieved by achieving a level
of detail of the characteristics of the studied object, in which each of them
is elementary, ie it is not divided into other individual elements, quanta of
information about the qualities of the studied object.
In our opinion, it is necessary to distinguish between two aspects of
the doctrine of methods. The rst is the methods of obtaining a scientic
title. The second is the methods of practical activity developed on this
basis. A separate issue is the transformation of the rst into the second
and the clarication of the limitations of the transformation. Thus, we
believe that the method of criminal analysis is a method of approach to
identifying criminal activity, its mechanism in the time of its formation and
development, the essence of which is the conditional division of the object
under study (criminal activity) into separate components.
Each of them is studied in interaction as part of the whole, and the
characteristic features of the latter are the use of an information system
in the form of reections of the objects of the mechanism of criminal
activity, the study of the causes of formation, changes in these objects, the
identication and study of relationships between these objects.
Criminal analysis is characterized as a specic type of information-
analytical activity, which is to identify and more accurately determine
the internal links between information relating to a criminal oense, and
any other data obtained from various sources, their use in the interests of
operational and investigative activities, their analytical support (Vlasyuk,
2011). The purpose of collecting and analyzing information is to create
and test hypotheses and conclusions about past, present and future illegal
actions, concerning the description of the structure and scope of criminal
groups and the transfer to the management of clear information on
operational and investigative (investigative) actions (Bilous et al., 2021).
During the implementation of the criminal analysis procedure, the tasks
are solved to ensure the adoption of more eective decisions in a situation
of uncertainty or the presence of new challenges, to prevent possible
risks and threats, as well as, in general, information support of the bodies
ensuring national security, in the implementation of their operational-
search activities and procedural actions.
We believe it is possible to agree with the opinion of O. Rozhko, who,
having considered the practice of using the mentioned method of work of
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law enforcement agencies of foreign countries, came to the conclusion that
the use of criminal analysis at the stage of preliminary investigation can
qualitatively increase the level of investigation of multi-episode, complex,
and high-prole criminal cases (Rozhko, 2018).
In the course of criminal analysis, purposeful search, detection, xation,
removal, ordering, analysis and evaluation of criminal information,
its presentation (visualization), transmission and implementation are
provided.
In the process of criminal analysis there are two main types - operational
and strategic.
Operational analysis is aimed directly at analytical support of operational
and investigative activities, in particular in the framework of operational and
investigative cases, as well as analytical support of pre-trial investigation of
criminal oenses, the conduct of which belongs to the National Police of
Ukraine. In addition, the results of operational criminal analysis are passed
under investigation to other law enforcement agencies together with data
(information) on the identied oenses (Koristin et al., 2021).
Operational criminal analysis consists of planning, collecting,
accumulating, comparing and evaluating information, its analysis and
reporting, as well as further task setting. The purpose of collecting and
analyzing information is to create and test hypotheses and conclusions
about past, present and future illegal actions, including a description of the
structure and scope of criminal groups and the transfer of clear information
to the management regarding operational and investigative measures
(Zayets, 2016).
Operational criminal analysis is carried out in three forms: 1) analysis that
accompanies operational and investigative and investigative activities their
help is refuted); 2) analysis, which is conducted to support operational and
investigative and investigative activities (the analyst undertakes analytical
tasks, presents the results of the analysis, searches for information from
their own databases); 3) analysis that initiates operational and investigative
activities (Zayets, 2016).
It is worth noting that all forms of analysis are interconnected, if
the analysis accompanies the operational and investigative activities,
it simultaneously supports it and provides grounds for investigative
(investigative) actions and operational and investigative measures. During
the analytical process, information about the oender, the course of the
event, the instruments of the crime, the time and place of its commission,
etc. is evaluated. The circulation of this information takes place between
operatives and investigators and consists not only in providing or receiving
information, but also in its active acquisition. The source of information
can be databases, materials of pre-trial investigations, including protocols
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Using the possibilities of criminal analysis during the pre-trial investigation in criminal
proceedings
of interrogations of witnesses and suspects, materials of operative-search
cases, reports of other bodies, messages of mass media, etc.
The practical application of the method of criminal analysis by the
operative-search units of the National Police of Ukraine conrmed its high
eciency in multi-episode proceedings covering a large area, including a
signicant number of events and subjects of a criminal group with complex
structural structure. In these cases, traditional methods of tracking and
associating facts were not eective enough. Operational criminal analysis
can cover the following areas: crime, criminals and methods of conducting
business.
Analysis of the crime is to reconstruct its course by establishing the
sequence of individual events; the presence of signs of recurrence of events;
mutual exclusion of information from dierent sources. The analysis of the
crime is carried out in order to determine the recommendations for the
further direction of operational and investigative measures and investigative
(investigative) actions. In the process of crime analysis, various analytical
technologies are used, including action schemes, event schemes or activity
schemes.
Also, in addition to crime analysis, it is possible to perform a comparative
analysis of crimes, which consists in comparing information on criminal
proceedings concerning similar crimes, in order to determine whether
some of them could have been committed or organized by the same suspect.
Analytical technologies such as systematic search of databases, review of
reports and reports, comparison of similarity of the obtained data and
determination of the probability of this similarity are used in the course of
comparative analysis of crimes.
The analysis, the subject of the study of which is the oender, may relate
to the criminal group or prole of a particular oender. The analysis of a
criminal group is to organize information on the members of the criminal
group in order to get acquainted with the structure of the group and
establish the roles of its individual members.
Analytical technologies such as relationship diagrams, action diagrams,
event diagrams, activity diagrams, analysis of telephone calls, analysis of
nancial transactions and compilation of nancial proles of participants in
criminal proceedings are used in the analysis of a criminal group. Analysis
of the psychological prole of the typical perpetrator allows to determine on
the basis of the description of the crime, the character traits of the person
who committed it, the type of identity of the perpetrator, the possible area
of residence, work performed (Zayets, 2016).
Longer-term problems and challenges, such as identifying key criminal
gures or criminal syndicates; Strategic analytics deals with forecasts
of growth of criminal activity and establishment of priorities in law
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enforcement activity. The products of strategic analysis, as a rule, are: reports
on the situation; analysis of phenomena; thematic analyzes; criminological
regional analyzes; structural threat analysis; concepts / suggestions for
improving the ght against crime.
It should be emphasized that criminal analysis (approach) is not the
only cognitive method that can be used in the pre-trial investigation of
criminal oenses. All forensic methods are inextricably linked with each
other and are used in scientic and practical forensic knowledge in unity,
interconnection and in one or another sequence or set.
However, in many cases, it is the results of situational analysis that
play a key role in determining the optimal strategy and tactics for pre-
trial investigation of criminal oenses. This conclusion is conrmed,
in particular, by the practical possibility of implementing during the
investigation of specic criminal oenses of certain forensic methods
developed by forensic science.
The study of various aspects of the application of criminal analysis gives
grounds to identify priority steps for further development of this area of
combating criminal oenses in criminal proceedings: the need to further
develop the regulatory framework for the use of criminal analysis in law
enforcement; increasing the eciency of the use of criminal analysis in
the practical activities of investigative and operational units with modern
computer software; formation of appropriate information data banks on a
regular basis, etc.
3.2. Typology of criminal analysis in the activities of law
enforcement agencies in the United States of America
The term “criminal analysis” has long been used by law enforcement
ocers in other countries, including the Federal Republic of Germany, the
Republic of Poland, the United States, Canada, Great Britain, etc., and has
recently entered the vocabulary of investigative and operational units of
Ukrainian law enforcement agencies.
In the countries of the European Union, the United States of America
(hereinafter - the United States) and other countries of the world, criminal
analysis is mandatory for all law enforcement agencies. International
structures such as Interpol and Europol are also involved in criminal
analysis. Its content, rules and procedures are clearly dened and legally
regulated. This applies in particular to the pre-trial investigation procedure.
According to some estimates, criminal analysis has appeared in the UK.
As early as 1846, London police detectives carried out such an analysis,
which consisted in the classication of criminals and crimes and in the
development of the concept of methods for analysts to investigate crimes
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proceedings
related to murder. The need for such an analysis was due to the growth of
crime and the need for adequate countermeasures. This period can be called
“island”. In 1887, the experience of British police began to be introduced on
the American continent.
Of particular interest is the typology of criminal analysis arising from
the practice of law enforcement agencies in the United States, where in
the 60s of the twentieth century the method under consideration began
to be developed as a way to increase the eectiveness of the ght against
organized crime.
As a basis for the typology of criminal analysis in the United States, we
will take the classication, as well as the denitions and descriptions set out
by Deniese Kennedy-Kollar in the Detective Handbook’s, which has been
prepared to help improve investigative skills of law enforcement ocials
(Eterno and Roberson, 2015).
Kennedy-Kollar identies seven types of criminal analysis: forensic
cartography; administrative and operational analysis; strategic criminal
analysis; intelligence analysis; criminal investigation analysis; geographic
proling; tactical analysis of crimes (Kennedy-Kollar, 2015).
The essence of forensic cartography is to create a visual representation
of the characteristics of the crime scene. The process involves digitally
mapping information about the geographic location of the scene of the
incident in order to analyze the inuence of the surrounding environment
(e.g., roads, parks, schools) on the causes of wrongful acts. Forensic
mapping is based on the concept of predetermination of the scene.
Administrative analysis allows, by visualizing statistical data on the
commission of crimes in a certain place or, for example, on the frequency
of arrests, to demonstrate to the leadership of law enforcement agencies or
other persons involved in the crime prevention process, the eectiveness
of police operations. Operational analysis serves the purpose of optimal
allocation of law enforcement resources for the implementation of activities
for the protection of public order and the ght against crime. For example,
an analyst can, based on the results of the analysis, suggest the most rational
placement of police patrols to identify the facts of driving while intoxicated.
Strategic criminal analysis consists in the analytical processing of
forensically signicant information contained in databases in order
to establish patterns of police activity and evaluate them. All kinds of
information on a specic subject of oenses (for example, information
about the earlier prosecution of a person suspected of violating trac rules)
or an object (for example, reports about actions that violated public order at
an address of interest to the police) is subjected to analysis.
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Intelligence analysis is used to identify criminal groups and criminal
networks, as well as to establish their structure. This type of criminal analysis
can be useful in investigating drug tracking, Internet fraud, terrorist
organizations and people involved in human tracking. In the process of
intelligence analysis, data obtained during the pre-trial investigation are
used (testimonies of witnesses, results of operational search activities,
information about telephone and other connections, information about the
movement of persons, etc.). The ultimate goal of the analyst in this case is
to establish links between persons and other objects of operational interest,
and to determine their relationship, as well as the role of each within a
particular system.
Criminal investigative analysis is an alternative and, according to D.
Kennedy-Kollar, the preferred name for criminal proling. The purpose
of this activity is to create a prole of an unidentied criminal in order
to identify him or narrow the circle of persons who could be involved in
the commission of a crime. The analyst, studying the features of criminal
behavior and the scene of the incident, develops a prole of the suspect,
including his characteristics, including his criminal past, personal
personality traits, features of pre- and post-criminal behavior, habits,
marital status, occupation, etc. (Kennedy-Kollar, 2015).
One type of proling that is usually of interest to the forensic mapping
analyst is the so-called geographic proling. As with other forms of proling,
the goal here is to help law enforcement identify or narrow down suspects.
To draw conclusions about the characteristics of the oender, geographic
prolers use information about the location of the crime to determine the
approximate area of residence of an unidentied serial oender.
The most common type of analysis used in the course of crime
investigation is tactical criminal analysis. The goals of this type of analytical
activity are the development of investigative leads, the establishment of the
circumstances of the commission of crimes and suspects, as well as other
areas of work in criminal cases.
The implementation of this type of analysis is possible in the investigation
of various categories of crimes, but it is most eectively applicable in the
investigation of crimes for which the person to be charged as an accused
has not been identied, especially if the crime is serial. Ultimately, tactical
criminal analysis serves to solve such tasks of preliminary investigation as
establishing a mechanism for committing a crime and persons to be held
accountable, connecting criminal cases on serial crimes in order to obtain
more complete forensically signicant information for their disclosure.
Thus, in the activities of law enforcement agencies of the United States
of America in combating crime, a certain direction of work is emerging -
criminal analysis. At the same time, this type of activity is used both in the
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implementation of police operations to protect public order and suppress
crime, and directly in the detection and investigation of crimes. The
study of the typology of criminal analysis made it possible to more clearly
understand the essence of this method, as well as to develop proposals for
the integration of foreign positive experience into the domestic practice of
pre-trial criminal proceedings.
In the countries of the European Union and the United States, there
are many opportunities for criminal analysis and enforcement for all law
enforcement agencies. Of course, the rules of this procedure are clearly
dened and regulated in the legal eld.
3.3. Peculiarities of interaction between investigators and
criminal analysis units under pre-trial investigation
The set of collected factual data as a result of the relevant actions of
the authorized participants in the criminal proceedings creates at the
initial stage of the pre-trial investigation of the criminal proceedings
sucient prerequisites for information support for the further course of
the investigation. However, this becomes possible only when these actions
are carried out taking into account all the features of the search and
cognitive activities of the investigator and operative, as well as the specics
inherent in the information coverage of the crime. In today’s conditions, the
disclosure of high-prole, serious and especially serious criminal oenses is
impossible without the participation of criminal analysts and appropriate
analytical intelligence work during operational and investigative and
criminal proceedings (Bilous et al., 2021).
In the bodies of the National Police of Ukraine, criminal analysis
belongs to the competence of a specially authorized unit. In some cases,
by decision of the Head of the National Police, departments (sectors) of
criminal analysis may be established in the structural units of the criminal
police and pre-trial investigation of the central police body in the areas of
activity of the unit.
These units are directly subordinated to the heads of the relevant
structural units of the central police administration body, conduct criminal
analysis, which includes their area of activity, and use common software
analytical tools. These units are operatively subordinated to the structural
unit of criminal analysis of the central police administration body, adhere
to uniform standards of criminal analysis in the activities of the National
Police, organizational and methodological support, training and retraining
of employees of relevant units.
The main areas of work of the criminal analysis units The activities
of the criminal analysis unit of the National Police are carried out in the
following main areas: operational, tactical and strategic analysis; ensuring
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round-the-clock interaction between units of criminal analysis, operative
exchange of information with law enforcement agencies of Ukraine and
other states; improving information and analytical activities through the
development and implementation of modern software analytical tools;
regulatory support, development and formalization of methods of criminal
analysis, conducting and participating in trainings and practical training.
Subdivisions of criminal analysis are involved in the processing of
information materials in the case of: the presence of many aspects that aect
the development of the problem; coverage of the problem of large areas;
the presence of a complex and branched structure of relations of objects of
operative-search case; availability of a large amount of information, which
makes it impossible to track and link the facts without the use of special
analytical methods (Fedchak, 2021).
It should be noted that, unfortunately, the current criminal procedure
legislation in Ukraine does not properly dene the mechanism of using the
results of criminal analysis as evidence in criminal proceedings during the
pre-trial investigation.
In accordance with paragraph 3 of Part 2 of Art. 40 of the Criminal
Procedure Code of Ukraine, the investigator is authorized to entrust
investigative (search) actions and covert investigative (search) actions
to the relevant operational units by issuing a procedural document - a
power of attorney, and the operational unit, in accordance with Art. 41 of
the Criminal Procedure Code of Ukraine, is obliged to comply with them.
An exhaustive list of such investigative (investigative) actions and covert
investigative (investigative) actions is provided in Chapters 20 and 21 of the
Criminal Procedure Code of Ukraine (Criminal Procedure Code Of Ukraine,
2015). The purpose of such assignments is to obtain from the operatives the
analysis of the information about the connection contained in the provided
material carriers of the information set out in the protocols based on the
results of the investigative (search) actions.
However, in the absence of such investigative (search) actions as analysis
of communication information in the Criminal Procedure Code of Ukraine,
the relevant executors use terms not provided by law, which in the future,
in case of using such materials, may be declared inadmissible evidence by
the court. such factual data, which are obtained in a manner not specied
by the Criminal Procedure Code of Ukraine.
As rightly noted in the scientic literature, the measures specied in the
instructions of investigators may be carried out by an authorized ocer of
the operational unit on the basis of a decision to involve specialists outlining
the circumstances that need to clarify, investigate, analyze or send a letter
of analysis or examination (Stashchak, 2019). It is also advisable to involve
specialists in the eld of telecommunications.
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Based on the results of the analysis, the authorized employees of the
operational unit prepare the relevant information, and the decision on the
possibility of using this information in evidence in criminal proceedings
at the stage of pre-trial investigation belongs to the competence of the
investigator.
The above encourages the development of an optimal algorithm for the
implementation of authorized personnel of operational units at the request
of investigators (detectives) analysis of communication information:
• preparation by the investigator of a request for temporary access
to communication information, according to Art. 160 of the the
Criminal Procedure Code of Ukraine (Criminal Procedure Code Of
Ukraine, 2015), in order for the court to make a decision;
• joint analysis of communication information with authorized
operational units;
• preparation of an appropriate letter on the analysis (research)
of communication information, indicating the questions to be
answered, as well as an appendix to the physical information carrier
containing an electronic copy of communication information
received from the telecommunications operator;
• receipt by the investigator from the operational unit of the reference
certicate on the results of information processing;
• examination by investigators in accordance with Art. 237 of the the
Criminal Procedure Code of Ukraine electronic documents with
information about the connection and preparation of the relevant
protocol and information set out in the certicate of operational
units;
• receipt by the investigator of qualied explanations on the operation
of base stations, their location, etc., making in accordance with Art.
71 of the the Criminal Procedure Code of Ukraine resolutions on
the involvement of employees, operators and telecommunications
providers as specialists and reect the results of these proceedings
in the protocol.
The information obtained in this way in criminal proceedings can be
used in criminal proceedings as a source of evidence - a document.
It should also be noted that in accordance with Part 2 of Art. 84 of the
Criminal Procedure Code of Ukraine of Ukraine, procedural sources of
evidence in such criminal proceedings can be used as an expert opinion in
case of need to obtain an expert opinion on these issues.
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One of the analytical products of criminal analysis is the method of
analysis of telephone connections, the essence of which is to build a scheme
of telephone calls or the use of automatic recorders of telephone calls (trac
of mobile operators). The main purpose of this method is the analysis of
telephone connections to determine the possibility of the appointment
of covert investigative (search) action under Art. 263 of the the Criminal
Procedure Code of Ukraine «Withdrawal of information from transport
telecommunications networks» and the choice of the most relevant
(informative) telephone number for this investigative (search) action.
The analysis of the constructed scheme of telephone calls gives the chance:
to choose the most actual (informative) telephone number for appointment
and carrying out covert investigative (search) actions according to Art. 263
of the Criminal Procedure Code of Ukraine «Withdrawal of information
from transport telecommunications networks»; relationships between
people and organizations; strength of relationships (frequency, duration);
the nature of criminal activity; location of known criminals and more.
Conclusions
The essence of the method of criminal analysis lies in the maximum
use of the knowledge of forensic science and related sciences for the study
of operational and other information that has to be processed during the
investigation of criminal proceedings. In order for the application of this
knowledge to form into a scientic method, it is necessary to develop a
clear order, sequence of the use of means and operations, which creates the
structure of the method of criminal analysis.
The importance of criminal analysis in combating crime by law
enforcement agencies is as follows: is an important area in combating
modern methods of ensuring the condentiality of criminal activity; assists
the leadership of the law enforcement agency in organizing the planning
and making the right decisions in the ght against organized crime; makes
it possible, in the presence of fragmentary information obtained both from
open sources and in secret, to nd out the potential and intentions of an
organized criminal group, to reproduce the actions of criminals; is an eective
tool in support of the implementation of investigative and operational to
generalize the information about the organized criminal group, conducting
specic investigative (investigative) or covert (investigative) investigative
actions, operational and investigative measures taking into account the
identity of a particular criminal, features and structure of organized
criminal group, etc.
The introduction of the system of criminal analysis in the activities of law
enforcement agencies of Ukraine provides an opportunity to increase the
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eectiveness of analytical support of operational and general investigative
activities in combating organized crime, created preconditions for national
and international cooperation in risk analysis and criminal analysis.
An eective way to analytically obtain information about the contacts
of the suspect, his probable connections and other entities of operational
interest from the operational and investigative units of law enforcement
agencies of Ukraine is to use the method of analysis of telephone connections
during the pre-trial investigation of criminal oenses.
We see the prospects for further development of the institute of analytical
support of criminal proceedings in the development of theoretical and
methodological principles of its applied use. Successful implementation
and introduction of new methods of criminal analysis will allow to actively
use analytical methods and techniques that can ensure the implementation
of pre-trial investigation tasks for eective investigation of criminal
proceedings, will create conditions for more eective implementation of
operational and investigative activities and law enforcement functions,
which, in turn, will increase the eectiveness of combating crime.
What is stated in this scientic article does not cover all problematic
aspects, but provides grounds for further research to improve organizational,
legal and forensic aspects of criminal analysis, methods and techniques
of its implementation, the development of international law enforcement
cooperation in criminal analysis, creating a system of quality training
specialists in this eld, etc.
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Esta revista fue editada en formato digital y publicada
en octubre de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 74
