Criminal characteristics of illegal deprivation of liberty or kidnapping of a person under martial law

Abstract

The article conducts a comprehensive study of the forensic characteristics of illegal deprivation of liberty or kidnapping under martial law. It is substantiated that the full-scale armed aggression against Ukraine has led to a transformation of the methods of committing these crimes, the emergence of new criminal practices and the complication of the process of their investigation, in particular in temporarily occupied territories and in the zone of active hostilities. Modern approaches to understanding the structure of the forensic characteristics are analyzed and its main elements are determined: the method of committing a criminal offense, the situation, the trace picture, the identity of the victim and the identity of the offender. It is established that under martial law, such methods of committing a kidnapping as forcible detention by illegal armed formations, the use of checkpoints, imitation of the activities of law enforcement agencies, as well as the use of information and communication technologies to track and lure victims are widespread. Particular attention is paid to the characteristics of the criminal, among which both organized groups and representatives of quasi-authoritarian structures in the occupied territories are distinguished. The peculiarities of the formation of a trace picture, which is characterized by fragmentation, latency and significant dependence on digital sources of evidentiary information, are revealed.

It is proven that the effectiveness of the investigation of the specified category of criminal offenses largely depends on the timely formation of forensic versions, proper organization of interaction between investigative and operational units, as well as the use of international cooperation opportunities. Directions for improving the forensic support of the investigation of illegal deprivation of liberty or kidnapping of a person are proposed, taking into account the modern challenges of wartime, which will contribute to increasing the effectiveness of countering such crimes and protecting human rights and freedoms.