The greatest difficulty in determining the scene of the crime is the case of Internet fraud, a criminal act committed in transport at the time of movement. In such cases, the violator of the law may operate in different places.
Instructions
Step 1
The range of issues related to crimes is specified in the Criminal Code of the Russian Federation. A distinction should be made between crime and other types of offenses. In the case of online fraud, you first need to determine the severity of the violation and the responsibility of the person who committed the illegal actions. If they are recognized as an administrative offense, then there can be no question of any crime scene.
Step 2
The site of the crime is considered to be a piece of territory with geographic coordinates, on which the violation of the law was committed. This area, together with the time of the implementation of the criminal act, are objective signs of the composition of an act prohibited by law, which can mitigate or aggravate liability.
Step 3
Determining the place of committing a criminal act is necessary in order to find out the place of jurisdiction, as well as which department of the Ministry of Internal Affairs should carry out investigative actions. If it is impossible to find out reliably to the territory of which particular region and district the crime scene belongs, then the jurisdiction of the case is determined by the area of activity of the investigating authorities, where the inquiry was made and the preliminary investigation was completed.
Step 4
The criminal law of various states is very ambiguous about the question of what territory can be recognized as a crime scene. The most common is the position that was voiced by N. S. Tagantsev back in 1902. As an example, he cited the explosion of a steamboat that was en route from Germany to Russia. Despite the fact that the planting of the bomb took place in Danzig, the explosion itself took place in a Russian port. Therefore, Russia should be recognized as a crime scene. If the bomb had been found in the German port, then the investigation would have been in the department of German law enforcement agencies.
