ПОСЛЕДУЮЩИЙ ЭТАП РАССЛЕДОВАНИЯ ПРЕСТУПЛЕНИЙ, СВЯЗАННЫХ С НЕЗАКОННЫМ ОБОРОТОМ ДРАГОЦЕННЫХ МЕТАЛЛОВ И ДРАГОЦЕННЫХ КАМНЕЙ, СЫРЬЕВЫХ ТОВАРОВ, СОДЕРЖАЩИХ ДРАГОЦЕННЫЕ МЕТАЛЛЫ: КРИМИНАЛИСТИЧЕСКИЕ СИТУАЦИИ И ВОПРОСЫ УГОЛОВНО-ПРАВОВОЙ КВАЛИФИКАЦИИ

Abstract

The article examines the forensic and criminal-law aspects of organizing the subsequent stage of the investigation of crimes related to the illegal trafficking of precious metals and precious stones, and raw materials containing precious metals (hereinafter – PMPS). The importance of properly structuring an algorithm for this stage is emphasized, as it forms the basis for the judicial investigation – the central stage of the main trial. Drawing on the materials of specific criminal cases, the article analyzes typical investigative situations arising at the subsequent stage and the errors made by investigators that resulted in the termination of criminal cases on exculpatory grounds; an algorithm of investigative actions is proposed for each situation. Based on an analysis of investigative and judicial practice and the results of a survey of law enforcement officers, the article substantiates that, in a number of cases, acts qualified under Article 295-1 of the Criminal Code of the Republic of Kazakhstan as illegal extraction in fact, in terms of their objective aspect, constitute theft of raw materials already extracted from the territory of lawful subsoil users; accordingly, it is proposed to supplement Part 3 of Article 188 of the Criminal Code of the Republic of Kazakhstan with a corresponding qualifying feature. Special attention is also given to the problem of distinguishing theft (Article 188 of the Criminal Code) from unauthorized use of subsoil (Article 334 of the Criminal Code), which arises at the subsequent stage of investigation when the final legal qualification of the act is determined. The article substantiates the need to clarify the relevant issues in a regulatory resolution of the Supreme Court of the Republic of Kazakhstan.