Obstructing the investigation of excessive use of authority by law enforcement officers with the use of weapons or special equipment: challenges and countermeasures

Abstract

The article addresses the issue of obstruction of investigations into criminal offenses related to the abuse or excessive use of authority by law enforcement officers involving the use of weapons or special means. The relevance of this study stems from the need to ensure effective justice and adherence to the rule of law in the context of potential conflicts of interest within the law enforcement system. It is emphasized that active resistance to establishing objective truth by interested parties is one of the most characteristic features of pre-trial investigations of official misconduct, particularly in cases involving abuse of authority. Based on the research results, the article analyzes typical forms of obstruction, including: exerting corrupt influence on the investigator; refusal to testify and providing knowingly false testimony; pressuring witnesses or victims to retract or alter their original statements; hindering the investigation through falsification or destruction of evidence; hiding from law enforcement authorities; and feigning illness. Particular attention is given to the means of overcoming such resistance, which are divided into legal (procedural) and forensic (tactical) measures. It is determined that legal means are enshrined in legislation and provide authorized persons with tools to forcibly stop obstruction, whereas forensic means involve techniques and methods developed by science and practice to bypass or neutralize such resistance. The article stresses that the skillful combination of criminal procedure law and forensic tactics makes it possible to counter even the most sophisticated forms of obstruction. Ensuring the inevitability of punishment for interference with investigations and creating conditions under which such attempts are rendered futile is essential for the successful operation of the justice system and the fulfillment of its main goal — the prompt and complete solving of crimes.