Ekonominių nusikaltimų pėdsakų susidarymo ypatumai

Abstract

The criminal committing of an economic crime is not free to choose a way of commitment of a crime. His choice is caused by a line of objective circumstances such as features of activity of the enterprise or organization, system of movement, registration, storage and control of the documents at the enterprise, an official situation of a criminal at the enterprise and opportunity of easy approach to material assets like money resources, opportunity to dispose or different ways to operate, features of a subject of a crime, its character and size, the model established by the normative acts of normative action of the economic subject and physical person.
The features of the mechanism of commitment of a crime and also process of formation of traces of a crime committed in the sphere of economy are determined by the following circumstances. First, during commitment of a crime committed in the sphere of economy criminals influence subject effect of an encroachment at all stages of commitment of a crime: preparing for a crime, committing of a crime and concealing of a crime. Different from other many crimes where traces of a subject of a crime, the instruments of a crime etc. can be shown only in the second stage (for example, at realisation of a crime), in crimes committed in the sphere of economy, the traces are shown already in an initial stage. On the objects of a crime the traces can be not only mechanism of commitment of a crime, but also traces formed on other stages of commitment of a crime.
One of the features of the mechanism of a crime committed in the sphere of economy is also that that the subject of a crime already at a stage of preparation to a crime makes actions directed to concealment of the crime. For example, preparing for transportation of an illicit cargo beforehand are prepared not only cargo, documents or counterfeit accompanying documents but also place of warehousing, realisation of the goods that in turn causes requirement of organisation and conducting double accounts department, fake of the tax documents etc.
Secondly, often character of traces of a crime committed in the sphere of economy is another than traces’ of traditional crimes. Though there are enough of traditional traces of a crime, such as traces of hands, footwear, micro particles, traces of biological character etc., for crimes committed in the sphere of economy the most characteristic are traces of industrial (technological) character and traces of documenting. On a subject of a crime traces of technological process more often are formed and the process of a crime is displayed in the documents which subsequently become the written (documentary) proofs. It is also special that „guilty persons“ make a subject of criminal attempt (for example, goods, false money etc.). Moreover, it is characteristic for subject’s not only superficial, but also internal traces. In general they are characterised as property of the subject, structure, material, quality etc.