Significance of Criminal Intelligence Activities in Crime Prevention

Aydarkan Baydekovich Skakov

Al-Farabi Kazakh National University, Almaty, Republic of Kazakhstan

Keywords: Сriminal intelligence operations, agent intelligence activities, subjects of criminal intelligence activities,

employees and confidential subjects of criminal intelligence activities, counteraction to national and

transnational organized crime.

Abstract: In this article, the author examines the significance of the implementation of criminal intelligence operations

to ensure national security and ways to increase their effectiveness. The research work notes the importance

of implementing agent intelligence activities in counteraction to national and transnational organized crime,

elements of corruption. The author analyzes the content of Article 35 of the Criminal Code of Kazakhstan

“The Implementation of criminal intelligence, counter-intelligence operations or covert investigative actions”,

which provides legal protection of officers and confidential subjects of criminal intelligence activities. The

novelty of the work is determined by the range of analyzed problems. The purpose of the study is to develop

proposals for improving legislation and increasing the efficiency of bodies carrying out criminal intelligence

activities. The objectives of the research work are to analyze the legislation in the field of study; analyze of

scientific resources on the considered topic. The results of the work were concrete proposals for improving

the activities of officers carrying out criminal intelligence operations and the current regulatory framework.

The significance of the study is that it expands the theoretical understanding of the legal support of criminal

intelligence activities in crime prevention.

1 INTRODUCTION

The difficult socio-economic situation in the country

and the massive impoverishment of the vast majority

of the population caused by the economic crisis of

overproduction and the coronavirus pandemic, as

well as the geopolitical position of Kazakhstan with

“hot spots” (for example, the terrorist organization

Islamic State of Iraq and the Levant relocated to

Afghanistan) and other circumstances require taking

urgent measures to improve the efficiency of law

enforcement agencies. First of all, in our opinion, this

requirement applies to the criminal intelligence and

agent intelligence activities carried out by the units of

the law enforcement agencies of our country. The

growth of the crime rate, the low level of crime

detection, the outflow of funds to offshore zones and

other trends indicate the need for new, modern and

effective methods of criminal intelligence and agent

intelligence activities to counter existing threats. In

this regard, the Concept of Legal Policy of the

Republic of Kazakhstan for 2020-2030 has outlined

the main directions of development of law

https://orcid.org/0000-0003-4199-5473

enforcement agencies and special services in this

activity. It seems that the concentration of efforts of

all power structures to achieve this goal, as well as

conducting scientific research in the field of criminal

intelligence science will improve the socio-economic

situation in the country, significantly reduce the level

of the crime situation.

The relevance of this work is also determined by

the presence of gaps and collisions in the organization

system of the legal protection of law enforcement

officers and special services, which negatively affects

the effectiveness of their activities.

The purpose of this work is to develop

recommendations and proposals for improving

legislation and increasing the efficiency of

investigative activities of law enforcement agencies

and special services in the implementation of criminal

intelligence operations to prevent crimes.

To achieve this goal, the following tasks were set:

1. to analyze the legislation in the field of

study;

2. to study a special legal literature about the

indicated problem;

228

Skakov, A.

Signiﬁcance of Criminal Intelligence Activities in Crime Prevention.

DOI: 10.5220/0010634400003152

In Proceedings of the VII International Scientiﬁc-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” (CLOSA 2021), pages

228-232

ISBN: 978-989-758-532-6; ISSN: 2184-9854

3. to develop recommendations and proposals

for improving legislation and increasing the

efficiency of investigative activities of law

enforcement agencies and special services in the

implementation of criminal intelligence operations to

prevent crimes.

2 MATERIALS AND METHODS

The methodological basis of this work is based on the

general scientific dialectical method of cognition of

social phenomena, methods of analysis, synthesis,

formal-logical method that contribute to the

identification and solution of problems associated

with the implementation of agent operational

measures in relation to objects of investigative

interest.

3 RESULTS AND DISCUSSION

In our opinion, while improving criminal intelligence

activities in the field of crime prevention, the

following circumstances should be taken into

account:

firstly, an objective, scientifically grounded

characterization of crime in general and its individual

types (for example, corruption crimes, criminal

offenses of an extremist and terrorist orientation). It

is thanks to the scientifically grounded and reliable

analysis of the complex of parameters of criminal

law, criminal procedure, criminal executive,

criminological, forensic, and other characteristics that

shows the real picture of the state of crime in the

country, its slightest changes. It will allow the law

enforcement authorities, within the framework of

their competence, to quickly establish both positive

and negative results of the application of certain

methods of criminal intelligence and agent

intelligence activities, to identify the determinants of

various types of crime, and, accordingly, to develop

and implement appropriate measures to neutralize,

eliminate, and prevent them;

secondly, the different level of financial and

material security of the activities of the country’s law

enforcement system, that naturally affects the

effectiveness of their operations, measured by the

detection of the types of crimes within their

competence, the amount of damage caused by the

criminal act, etc.;

thirdly, the social and legal state in society, the

level of legal nihilism in it, the ability of citizens to

support the investigative activities of the country’s

law enforcement system, first of all, the subjects of

the criminal intelligence activities, the qualifications,

morale, and level of legal awareness of their

employees;

fourthly, the nature and validity of the tasks set by

the country’s leadership, aimed at ensuring the

national, economic, political, and other security of the

state’s life.

These circumstances make it possible to

objectively assess the current criminal legal situation

in the country during a process of making strategic

decisions.

These circumstances determine the need to

objectively, comprehensively, scientifically and

reliably assess the state of crime in the country, the

identity of the criminals, the revealed causes and

conditions assisting in the commission of illegal,

criminally punishable acts and developed preventive

measures.

It should be noted that the above mentioned

assessment of the criminal legal situation in the

country should also contribute to the improvement of

legislation in the field of regulation of combating

crime. This is due to the fact that sometimes there are

circumstances in which the presence of a criminal law

norm (mainly of a prohibitive nature) hinders the

further development of social relations, which is also

not permissible for the progressive development of

the state.

It is necessary to note that a number of significant

changes have been made to the national legislation.

Thus, the Criminal Code of the Republic of

Kazakhstan includes Art. 35 “The Implementation of

criminal intelligence, counter-intelligence operations

or covert investigative actions”, which essentially

increased the efficiency of criminal intelligence

operations carried out by the subjects of these

activities. This situation, in our opinion, is explained

by the fact that this provision protects officers and

confidants of law enforcement agencies and special

services from criminal prosecution when they commit

acts that would otherwise be considered criminal. The

name of the considered article suggests that it

regulates the lawfulness of causing harm during any

investigative operations, the implementation of which

may entail negative changes in the objects of criminal

law protection. This norm contains the conditions for

the exclusion of the crime of causing harm while

conducting criminal intelligence operations or secret

investigative actions.

They include the purposes of causing harm. In

particular, it is the prevention, detection, solving and

investigation of criminal offenses. The goal is also

Signiﬁcance of Criminal Intelligence Activities in Crime Prevention

229

highlighted – the exposure of the guilty. According to

G.S. Shkabin, it is a very controversial position, so

the exposure of the perpetrators is an integral part of

the crime solving activities. In addition, the

abundance of goals of lawful behavior can lead to

difficulties in law enforcement practice (Shkabin,

2018). It is worth agreeing with this position.

For carrying out certain criminal intelligence

operations is optimal to limit the actions of the

subjects in the range of corpus delicti, in respect of

which operations can be performed that harm the

interests of law. They include crimes committed by a

group of persons, a group of persons in a preliminary

conspiracy, or a criminal group. In accordance with

Part 3 of Art. 31 of the Criminal Code of the Republic

of Kazakhstan, a crime is recognized as committed by

a criminal group if it was committed by an organized

group, criminal organization, criminal community,

transnational organized group, transnational criminal

organization, transnational criminal community,

terrorist group, extremist group, gang or illegal

paramilitary group.

In our opinion, one of the most important points

in the considered norm is the provision concerning

the correlation of the harm caused to the prevented

harm. According to Part 1 of Art. 35 of the Criminal

Code of the Republic of Kazakhstan, the harm caused

to law-protected interests should be less significant

than the harm caused by criminal offenses.

At the same time, the legislator provides for the

circumstances in which the above mentioned

provisions do not apply. So, in Part 2 of the analyzed

article, it is said that the exclusion of criminal liability

“does not apply to persons who have committed acts

associated with a threat to human life or health,

environmental disaster, social disaster or other grave

consequences”. I think it is quite fair. This provision

will protect zealous officers and confidants of law

enforcement agencies and special services from

excessive actions and rash decisions.

It should be noted that similar provisions are

known in the criminal legislation of other countries

(Murphy, 2021; Kruisbergen, 2021; Kowalczyk,

Sharps, 2017). In this regard, Art. 35 of the Criminal

Code of the Republic of Kazakhstan is a good

example for the Russian legislator.

Another important problem is the further

development of the intelligence apparatus with an

increase in its numerical strength with the

involvement of highly qualified specialists in various

spheres of the state’s life, for example, in the field of

managing an object of law enforcement interest. Our

opponents may object to the need to expand the

number of employees, confidants and persons who

provide assistance to the subjects of criminal

intelligence activities. At the same time, the current

state and results of the fight against crime, the

predatory plundering of the people’s wealth, indicate

the need for radical, urgent measures. Otherwise, the

negative consequences of non-implementation of

these measures will significantly worsen the socio-

political situation in the country. In addition, it is

necessary to improve the material security of the

subjects of criminal intelligence activities to create a

structure for covering and use of existing economic

and production facilities in order to successfully

implement by agents, confidants and persons

assisting the subjects of the criminal intelligence

activities, the tasks assigned to them to obtain

information and other data that should be subjected to

a comprehensive, thorough analysis in order to

develop proposals and recommendations to eliminate

the causes and conditions assisting in the commission

of crimes.

It is also necessary to modernize the resource

support of the preventive activities of law

enforcement agencies and special services within

their competence by introducing modern devices and

technology, computer modeling and design, etc. in

order to apply adequate preventive measures for

modern threats.

Further speaking about the effective fight against

crime, we should pay attention to the moral image of

the employees of the subjects of the criminal

intelligence activities. The author means careful

selection and placement of personnel. Taking into

account the high level of corruption of state

authorities, the penetration of structures of

transnational organized crime into all spheres of life

of the state, it is difficult not to assume that the leaders

of the criminal elite will refuse to infiltrate their

representatives to obtain useful information into law

enforcement agencies and special services. In this

regard, it is necessary to conduct a more thorough

check of persons entering the service. In addition, it

is necessary to toughen the responsibility of those

people who recommended candidates for service in

order to prevent corruption and other manifestations.

Moreover, all movements to a higher position in the

service should be accompanied by a check for

compliance with it.

Speaking about ensuring economic security and,

in this regard, about the further development of the

law enforcement system in Kazakhstan, it should be

noted that the President adopted a decree on the

establishment of the Financial Monitoring Agency. It

is a new, specialized body to study the economic state

of the country. Taking into account the outflow of

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capital to offshore zones outside the country, in our

opinion, it is necessary to delegate to this Agency the

functions of economic intelligence and

counterintelligence with subordination directly to the

President of the country. In this case, this body will

have the opportunity to penetrate criminal structures,

including transnational ones, to obtain information,

identify illegal financial “flows” and suppress them.

It seems that the existence of this Agency will

undoubtedly have a positive effect on the law

enforcement practice of ensuring the country’s

economic security.

Another important task for law enforcement

agencies is to determine the effectiveness of their

activities. The previously existing indicators of the

law enforcement practice of these state bodies do not

fully meet modern requirements. There is a need to

develop new criteria for assessing the activities of the

law enforcement agencies in accordance with their

functions. It seems that it is impossible to create

uniform indicators of this assessment due to their

performance of various tasks.

And the last thing. Law enforcement units and

subdivisions of the criminal executive (penitentiary)

system should actively involve the leaders of criminal

communities, persons convicted of economic and

official crimes, and other persons with a criminal

intelligence interest in the work of confidants and

persons assisting the subjects of the criminal

intelligence activities. At the same time, of course, it

is necessary to provide them with benefits

corresponding to the law, up to complete release from

punishment, the provision of state protection, etc. So,

in the case of involving criminal authorities in this

work, it will ensure the reliability of infiltration into a

criminal organization of law enforcement interest. It

should be noted that, in general, the implementation

of criminal security measures is greatly facilitated by

the possibility of widespread involvement of

representatives of the special squads. It is due to the

striving of the last ones to facilitate their existence in

isolation, as well as the desire to be released on

parole. In this regard, the role of law enforcement

units is to comprehensively study convicts in a

correctional institution for the selection of candidates

for work with these units of the penal system

(penitentiary system), but also for other subjects of

the criminal intelligence and agent intelligence

activities (Ministry of Internal Affairs, KNB (in

Russia – FSB), the Anti-Corruption Agency, the

Financial Monitoring Agency, etc.).

4 CONCLUSIONS

Thus, summarizing the above mentioned information,

we can make some suggestions and recommendations

to improve the effectiveness of the fight against

various types of crime:

1. the implementation of preventive measures to

identify, neutralize, and eliminate the causes and

conditions assisting in the commission of criminal

offenses should be carried out on the basis of a

comprehensive analysis of the results of monitoring

dynamic changes in the investigative practice of law

enforcement agencies and other information obtained

as a result of criminal intelligence activities,

including open data (in the media, on the Internet, etc.

– the author’s footnote);

2. improving the work of the intelligence

apparatus should be carried out both intensively and

extensively, that is, through the wide involvement of

highly qualified specialists, criminal leaders and

others as confidants, increasing its number, as well as

the active use of modern criminal intelligence and

agent intelligence measures, advanced public and

special equipment, cover structures and the creation

of new and many other methods;

3. taking into account the high social significance

of the development of its economic base for the

country’s life, it is necessary to strengthen the fight

against economic crime. The solution of this problem,

in our opinion, is impossible without the development

of criminal intelligence and agent intelligence

measures. In this regard, the existence of the Anti-

Corruption Agency and the creation of a new body –

the Financial Monitoring Agency, subordinate

directly to the Head of State, will undoubtedly have a

positive effect in the fight against economic crime.

REFERENCES

Demidov, Yu. N., 2004. Problemy bor'by s prestupnost'yu

v sotsial'no-byudzhetnoy sfere.

Kowalczyk, D., Sharps, M. J., 2017. Consequences of

Undercover Operations in Law Enforcement: a Review

of Challenges and Best Practices. In Police Criminal

Psychology. 32. pp. 197-202.

Kratcoski, P. C., 2018. Fraud and Corruption in the

Healthcare Sector in the United States. Fraud and

Corruption.

Kruisbergen, E.W., 2021. When Other Methods Fail:

Infiltrating Organized Crime Groups in the

Netherlands. Contemporary Organized Crime. In

Studies of Organized Crime. 18.

Signiﬁcance of Criminal Intelligence Activities in Crime Prevention

231

Murphy, B. The Rise of Risk in Australian Federal

Legislation. Regulating Undercover Law Enforcement:

The Australian Experience.

Repetskaya, A. L., 2005. Transnational organized crime.

Shkabin, G. S., 2018. Criminal law support of operational

and investigative activities: theoretical applicable and

legislative aspects.

Skakov, A. B., Zhalmagambetov, A. M., 2005. Combating

Transnational Organized Crime: History, Practical

Experience, Criminological and Organizational and

Legal Aspects: Scientific Review. pp. 455-456.

Voronin, Yu. A., 1997. Transnational organized crime.

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ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”

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