INITIATION OF PRE-TRIAL INVESTIGATION OF INTENTIONAL DESTRUCTION OR DAMAGE TO SOMEONE ELSE’S PROPERTY COMMITTED BY ARSON AND CIRCUMSTANCES TO BE PROVEN

Abstract

The article, based on the analysis of the opinions of scientists and the materials of investigative practice, considers the peculiarities of the initiation of a pre-trial investigation into the intentional destruction or damage of someone else's property committed by arson and the circumstances that make up the subject of proof in this category of proceedings. It is emphasized that the specifics of the beginning of the pre-trial investigation and the circumstances to be established, investigated and proven are indispensable elements of the structure of the methodology of the investigation of a particular type of crime. The reasons for starting an investigation in the investigation of arson are: statements and reports of citizens, reports of officials of institutions and organizations, direct detection of signs of a crime by bodies of inquiry and pre-trial investigation. Factual data, which are grounds for initiating criminal proceedings, are directly related to the circumstances to be established, investigated and proven. It has been proven that after receiving a report on the occurrence of a fire, the following circumstances need to be established immediately: the place of the criminal offense, the time of occurrence and duration of the fire, the immediate cause of the fire, the elements of the setting of the place of arson after the fire stopped. Depending on the situational conditions, but, as a rule, at the subsequent stage of the investigation, the following circumstances are also subject to establishment, investigation and proof: the method of commission, purpose and motives of the criminal offense; firetechnical characteristics of the facility where the fire occurred; the presence or absence of flammable materials and substances that may have been at the site of the fire and in the burning zone; features of the technological process, if the fire occurred at an industrial facility; events and circumstances immediately preceding the fire; the amount of damages; information characterizing the identity of the criminal; circumstances aggravating or mitigating responsibility.