Criminal Intelligence Information on the Illegal Activities of Convicts

to Punishments and Measures of Criminal-legal Nature, Not Related

to Imprisonment

Viktor Nikolaevich Grigoriev

, Anna Borisovna Nazarova

and Bulatbek Kabdushevich

Shnarbaev

Federal State Institution Research Institute of the Federal Penitentiary Service of Russia, Moscow, the Russian Federation

Federal State Institution Research Institute of the Federal Penitentiary Service of Russia, scientific research center-2,

Moscow, the Russian Federation

Kostanay Regional University named after A. Baitursynov, Kostanay, Republic of Kazakhstan

Keywords: Criminal intelligence activity, criminal law, a convict, criminal executive system of the Russian Federation,

a criminal executive inspection, criminal punishment, a measure of criminal legal nature.

Abstract: The article examines criminal intelligence information about the illegal activities of convicts registered in the

criminal executive inspections of the Russian Federation. The purpose of the study is to identify the features

of criminal intelligence information about the illegal activities of the considered category of persons. As the

tasks assigned to the authors, it is possible to single out the analysis of criminal intelligence information on

the illegal activities of convicts registered in the criminal executive inspections of the Russian Federation, the

wording of the author’s definition of criminal intelligence information on the illegal activities of convicts

registered in the criminal executive inspections of the Russian Federation. The methodological basis of this

research is a set of methods of scientific knowledge, among of them a special place is occupied by dialectical,

systemic, comparative legal, methods of analysis, and synthesis. The result of this study is the formulation of

amendments to Article 18.1 of the Criminal Executive Code of the Russian Federation, which will help reduce

a level of illegal behavior of persons registered in the criminal executive inspections of the Russian Federation.

1 INTRODUCTION

Criminal punishment, being an important tool in the

fight against crime, however, is not a panacea

(Minyazeva T.F., Dobryakov D.A., 2017), in

connection with this matter the issue of evasion of

convicts from the execution of punishments and

measures of criminal-legal nature, not related to

imprisonment, is relevant. In this regard, the

development and scientific understanding of criminal

intelligence science, representing an activity-

cognitive process of two objects of criminal

intelligence cognition, combined into one (legal and

non-legal components) for their independent

cognition (Shumilov A.Yu., Spasennikov B.A.,

2018), in the framework of ensuring the execution of

the court’s verdict in respect of persons registered in

https://orcid.org/0000-0002-4393-7851

https://orcid.org/0000-0001-9124-4120

the branches of criminal executive inspections

(hereinafter referred to as UII), in particular, issues

related to criminal intelligence information about the

illegal activities of convicts in this category.

An analysis of the term “criminal intelligence

information” allows us to conclude that the majority

of the scientific community determine the purpose of

its use as a distinctive specific characteristic

(Ovchinsky S.S., 2000; Volchkov I.M., 2011). So,

according to P.F. Telepnev, a typical feature of

criminal intelligence information is the solution of

tasks defined by the Federal Law dated August 12,

1995 No. 144-FZ “On criminal intelligence

activities” (hereinafter – the Federal Law “On the

ORD”) and the provision of criminal proceedings,

and the information itself represents data about

persons, objects, documents, facts, events,

phenomena and processes received by employees of

Grigoriev, V., Nazarova, A. and Shnarbaev, B.

Criminal Intelligence Information on the Illegal Activities of Convicts to Punishments and Measures of Criminal-legal Nature, Not Related to Imprisonment.

DOI: 10.5220/0010635500003152

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

287-290

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

287

law enforcement units carrying out criminal

intelligence activities (hereinafter – ORD), recorded

strictly in accordance with the requirements of

regulatory legal acts that are used to solve the tasks

defined by the Federal Law “On the ORD” and the

provision of criminal proceedings (Telepnev P.F.,

2016).

2 MATERIALS AND METHODS

The methodological basis of this research is a set of

methods of scientific knowledge, among of them a

special place is occupied by dialectical, systemic,

comparative legal, methods of analysis, and

synthesis. The authors of the article analyzed the

current Russian legislation, namely the Federal Law

“On ORD”, Art. 18.1, 84 of the Criminal Executive

Code of the Russian Federation (hereinafter referred

to as the PEC RF), the Law of the Republic of

Kazakhstan dated September 15, 1994 No. 154-XIII

“On criminal intelligence activities”, and also studied

the work of such scientists as in the field of criminal

intelligence activities, criminal law, and criminology.

3 RESULTS AND DISCUSSION

With regard to the analysis being carried out, criminal

intelligence information on the illegal activities of

convicts of punishment and measures of criminal-

legal nature, not related to imprisonment, is data

received by field officers of the territorial bodies of

the Federal Penitentiary Service of Russia in

accordance with the Federal Law “On ORD” with the

purpose of the execution of final court decisions and

the search for convicts evading punishment or control

of the Penitentiary Institute branch.

It is advisable to note that at present there is no

legislatively defined appropriate criminal intelligence

support for the execution of penalties and measures

of criminal-legal nature, in contrast to the

corresponding provision of correctional institutions

of the penal system in accordance with Art. 84 of the

PEC RF (Zhuk O.D., Shevtsova L.V., 2019). In fact,

this category of convicts turns out to be outside the

scope of criminal intelligence influence, which in the

future gives rise to the unlawful behavior. And as a

consequence, it entails the initiation of proceedings

for the execution of final court decisions. As a

legislative proposal to eliminate this gap, according

to the authors of the article, it is advisable to

supplement Art. 18.1 of the PEC RF with the tasks of

the ORD in the execution of sentences and measures

of criminal-legal nature, not related to deprivation of

liberty, similar to Part 1 of Art. 84 of the PEC RF.

Moving on to the consideration of aspects related

to criminal intelligence information on illegal

activities (Medvedev Igor A., 2016) of convicts

registered in the branches of the Penitentiary Institute,

we note that it is based on three sources of data about

the studied person – on the materials already available

in the personal file of the convict; – on the

characteristics of third parties; – on the testimony of

informed and not directly interested persons

(Vedernikov N.T., 2019; Suleimanov T.E., 2017), as

well as on posing the following epistemological

questions:

1. From what moment did it become known about

the evasion of the convict from serving his sentence

or control of the UII branch?

2. When / from what moment did the convict

begin to evade serving his sentence or control of the

UII branch?

3. In what way / manner did the convict begin to

evade serving his sentence or control of the UII

branch?

4. What are the motives of the convict’s evasion

from serving the sentence or control of the UII

branch?

5. Where can the evading convict hide?

6. What methods / techniques can be used by the

convict evading serving a sentence or controlling the

branch of the UII to conceal his whereabouts?

Let us analyze the criminal intelligence

information about the illegal activities of the convicts

in the context of the described authors’ questions in

detail.

1. The moment from which it became known

about the evasion of the convicted person from

serving the sentence or control of the UII branch

should be understood as the date of receipt of

information about the commission of illegal activities

by the registered branch of the UII by a person aimed

at evading punishment or control of the branch of the

UII, or / and going out to the place of residence of the

analyzed person, as a result of whom the considered

information was revealed. If this data is received as a

result of a message, then it requires direct verification

by going out to the place of residence of the evading

convict.

2. Under the moment from which the convicted

person began to evade serving a sentence or control

of the UII branch, we should understand the date and

term of the unserved punishment or measures of

criminal-legal nature, which is established by an

employee of the UII branch by going out to the place

CLOSA 2021 - VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH

ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”

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of residence and receiving appropriate explanations

from those living with the evading person, neighbors

and other persons possessing the information of

interest (Bykov A.V., Zenin S.S., Kudryashov O.V.,

2018). This data is the basis for the initial search

activities.

3. Under the method / way of evading a convicted

person from serving a sentence or control of the UII

branch, we should understand the following unlawful

activities of a person accountable to the UII branch:

- deliberate leaving of the settlement, permanent

place of residence;

- deliberately leaving the permanent place of

residence and living at an address unknown to the

staff of the UII branch within the same locality;

- deliberate stay only at night in the permanent

residence, suspension of communications with

neighbors in the stairwells of apartment buildings and

with neighbors from nearby houses, etc. actions of the

evading person aimed at concealing his residence in

the specified place.

4. Under the motives of the convict’s evasion

from serving the sentence or control of the UII

branch, we should understand the list of the following

most common internal incentives of the considered

person:

- the desire to lead an immoral lifestyle (for

example, being in a drunken state, and as a result,

vagrancy, living in various dens, etc.);

- committing offenses during the period of being

registered in the UII branch;

- unwillingness to serve a court sentence or a

measure of criminal-legal nature;

- unwillingness to obey the legal requirements of

the staff of the UII branch;

- unwillingness to recognize a criminal

punishment or a measure of criminal-legal nature, not

related to imprisonment, as a punishment for a

committed crime.

5. The most likely locations for the evading

convict are the following:

- brothels, shelters, social hotels, etc.

- rented apartments, houses, warehouses;

- place of residence of distant relatives,

acquaintances, friends;

- agricultural structures, farms;

- car workshops, garages, etc.

We cannot ignore the fact that the convicts of this

category often seek to “escape” to cities of federal

significance, where it is more simply to hide their

place of residence, and it is easier to find a job that

does not require skilled labor.

6. The methods / techniques used to conceal their

whereabouts by convicts who evade serving a

sentence or control of a branch of the UII (UII) often

include:

- change of permanent residence;

- change of mobile phone numbers, using

someone else’s numbers;

- change of personal pages on social networks,

using fictitious data on social networks;

- using only cash payment;

- renting housing through intermediaries;

- earning money without conclusion an

employment contract that does not require skilled

labor;

- alienation from the relatives and friends, etc.

4 CONCLUSIONS

Criminal intelligence information on the illegal

activities of convicts to punishments and measures of

criminal-legal nature, not related to imprisonment, is

data received by field officers of the territorial bodies

of the Federal Penitentiary Service of the Russian

Federation in accordance with the Federal Law “On

ORD” in order to ensure the production of the

execution of final court decisions and the search for

convicts evading punishment or control of the UII

branch.

To reduce the level of unlawful behavior of

persons registered in the UII branch, according to the

authors of the article, it is necessary to amend the

current legislation, namely the addition of Part 4, Art.

18.1 of the PEC RF: “In accordance with the

legislation of the Russian Federation, in institutions

executing punishments and measures of criminal-

legal nature, not related to imprisonment, criminal

intelligence activities are carried out, the tasks of

which are: to ensure the personal safety of convicts,

personnel of establishment and other persons;

identification, prevention and solution of crimes and

violations of the established procedure for serving

sentences and measures of criminal-legal nature that

are being prepared and committed in institutions;

search in accordance with the established procedure

of convicts evading criminal punishment or measures

of criminal-legal nature.”

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