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Police activity
Reference:

Investigation of ways to escape from custody as a prevention of an emergency

Chepik Irina Viktorovna

Lecturer, Department of Organization of Activities of Security and Convoy Units of the Police, Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of the Russian Federation

625049, Russia, Tyumenskaya oblast', g. Tyumen', ul. Amurskaya, 75

barkovairinav@mail.ru
Other publications by this author
 
 

DOI:

10.7256/2454-0692.2022.3.38193

Received:

26-05-2022

Published:

02-06-2022

Abstract: The subject of the study is the public danger posed by escaping from custody. The article indicates which social institutions are harmed and what serious consequences may occur after the implementation of such a socially dangerous act as escape. Attention is drawn to the importance of studying the methods of escape from custody, since here lies the consequence of many violations in the official activities of the security and escort units of the police - the assumption by police officers of favorable conditions for committing illegal actions. The problem of shortage in the investigated police units is particularly noted. Proposals are being made to stimulate the employees of the security and escort units of the police. Most of the methods of escape from custody presented in the article are illustrated by judicial practice, which means the practical applicability of these methods by a special agent and the presence of already completed crimes, as a result of which a number of police officers have been brought to disciplinary or criminal responsibility. The main conclusions are some measures to prevent escape from pre-trial detention. The study draws a parallel between violations by police officers of the established order of protection and escort and the commission (or attempt) to escape from custody. Attention is drawn to the need to study the causes, conditions, factors contributing to the escape, only in conjunction with the study of the ways in which it is possible to escape from custody. The development of the phenomena under consideration is impossible in isolation from each other, as it entails unreliable interpretation, incorrect conclusions, and, accordingly, incorrectly formulated preventive measures, which may not be effective as a result.

Keywords:

Escape from custody, method of escape, conditions, violations, escape warning, preliminary conclusion, security and convoy unit, police officers, emergency incident, shortage
This article is automatically translated.

In conclusion of this study, we draw attention to the need to study the causes, conditions, methods of escape, factors contributing to the formation of such conditions in order to prevent such incidents in the future.

References
1. Spasennikov B. A. Actions of employees of the penitentiary system when convicts and persons in custody commit escapes / B. A. Spasennikov, E. E. Maslennikov // Legal science: history and modernity: federal scientific and practical journal.-2015.-No. 9.-S. 160.
2. Order of the Ministry of Internal Affairs of Russia dated December 31, 2015 No. 1266 “On improving the organization of the activities of temporary detention centers for suspects and accused of internal affairs bodies, units for guarding and escorting suspects and accused, special reception centers for the detention of persons subjected to administrative arrest” [Electronic resource] // Access from the specialized territorially distributed automated system STRAS "YURIST".
3. Ponkratov V.A. Organization of the activities of correctional institutions and pre-trial detention centers to prevent escapes: Abstract of the thesis. dis. for the competition academic step. Ph.D. / Ponkratov V.A.-Ryazan: Acad. law and ex. Federal Penitentiary Service, 2005. P.21
4. Sentence No. 1-83/2020 dated October 7, 2020 of the Chulymsky District Court of the Novosibirsk Region // Judicial and regulatory acts of the Russian Federation [Electronic resource]. URL: http://sudact.ru (Accessed 24.04.2022)
5. Sentence No. 1-411/2014 of December 8, 2014 of the Shkotovsky District Court of Primorsky Krai // Judicial and regulatory acts of the Russian Federation [Electronic resource]. URL: http://sudact.ru (Accessed 24.05.2022)
6. Sentence of April 15, 2011 of the Pavlovsk city court of the Nizhny Novgorod region // Judicial and regulatory acts of the Russian Federation [Electronic resource]. URL: http://sudact.ru (Accessed 24.04.2022)
7. Letter of the Federal Penitentiary Service of Russia for the Khanty-Mansiysk Autonomous Okrug-Yugra dated September 9, 2013 No. 80 / TO / 35-5901 // [Electronic resource] http://publication.pravo.gov.ru (Accessed 25.03.2022 .)
8. Resolution of the Pestovsky District Court of the Novgorod Region dated April 27, 2015 in case No. 1-39/2015 // Judicial and regulatory acts of the Russian Federation [Electronic resource]. URL: http://sudact.ru.
9. Sentence No. 1-281/2015 1-56/2016 dated April 4, 2016 of the Pervomaisky District Court of Rostov-on-Don, Rostov Region // Judicial and regulatory acts of the Russian Federation [Electronic resource]. URL: http://sudact.ru.
10. In Novosibirsk, a case was opened on the fact of encroachment on the life of an escort // URL: https://tass.ru/sibir-new (Accessed 05/30/2022)
11. Shatilovich S.N. Criminal liability for negligence of employees of internal affairs bodies performing duties for the maintenance, protection and escort of suspects (accused) of committing crimes // Altai Legal Bulletin.-2020.-No. 3 (31).-S. 101-109.
12. Sinitsyn E.I., Arkhipov S.N. Typical violations of the law by employees of the security and escort units during their service. // Police activity.-2021.-No. 1. P. 47
13. Board of the Ministry of Internal Affairs // URL: https://snn-mn.ru/2022/02/1

Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "Research on ways to escape from custody, how to prevent an emergency". The subject of the study. The article proposed for review is devoted to topical issues of studying ways to escape from custody. This problem is considered from the point of view of accident prevention. The author analyzes and summarizes judicial and other practice on this issue, and makes practice-based conclusions. The direct subject of the study was the opinions of scientists, the provisions of legislation, materials of judicial and other practice. Research methodology. The purpose of the study is explicitly stated in the article. The author points out that the purpose of the study is to study the ways in which persons in pre-trial detention can escape from custody in order to develop measures to prevent this emergency. Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as draw specific conclusions from the materials of judicial practice. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of current legislation (first of all, the norms of the criminal legislation of the Russian Federation, the provisions of the Federal Law "On Police"). In particular, the author notes that "The assessment of this situation by the public will also be essential. One of the main criteria for evaluating the activities of the police in accordance with paragraph 6 of Article 9 of the Federal Law dated February 07, 2011 No. 3-FZ "On the Police" is public opinion. Escaping from custody undermines the authority of the authorities in the eyes of society. People have the opinion that the system of institutions for the detention of criminals is not able to ensure their isolation [1]. In this regard, trust in government agencies is decreasing." The possibilities of an empirical research method related to the study of judicial practice materials should be positively assessed. The author analyzes criminal cases and draws scientifically based conclusions on them. For example, the following example of the author: "As a result of negligent attitude to the official duties of the DPNSI and the head of the corps department, who did not establish for certain the identity of the defendant T. born in 1990, accused under Article 30 part 3, Article 158 Part 1 of the Criminal Code of the Russian Federation, a substitution occurred in the cell and another defendant T., 1986, was transferred to the convoy of the police unit. R., accused under Article 30 part 1, Article 228-1 Part 5 of the Criminal Code of the Russian Federation. At the court hearing, T. was released from custody and disappeared, having made an escape." Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of preventing crimes such as escaping from custody is complex and ambiguous. There are no uniform approaches to generalizing this type of crime. The author is right to highlight this aspect of relevance. On the practical side, it should be recognized that scientifically sound recommendations are needed for practitioners and law enforcement officials on how to prevent crimes of this type. The examples from judicial practice given by the author in the article clearly demonstrate this issue. Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. Firstly, it is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "Timely maintenance of security and alarm systems, video surveillance, fire protection systems and other engineering security equipment, daily (and before each room in them) inspection of engineering and technical fortification of buildings and structures, as well as vehicles in which suspects and accused are planned to be placed may also act as a measure to prevent escapes. It should be noted that the available technical means used by the police to conduct a personal search (hand-held metal detector) cannot always cope with the task due to the concealment of prohibited items in a clever way, a small radius of action and the insignificant size of the items themselves (micro SIM card). It is necessary to improve these tools and develop new modifications, which can also be envisaged as a measure to prevent escape." These and other theoretical conclusions can be used in further scientific research. Secondly, the author suggests ideas for generalizing the practice. In particular, it was noted that "An escape from pre-trial detention may be distinguished from an escape from places of serving a criminal sentence due to differences in the conditions of detention of persons held in these places, the coercive measures applied to them, their procedural role, their movement and places of stay. Let's look at the most typical ways to escape from custody, which may be typical when finding suspects accused of pre-trial detention." Further, the author uses examples to reveal these methods based on a generalization of practice. The above conclusions may be relevant and useful for law enforcement agencies in order to improve their activities. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, and content. The subject of the article corresponds to the specialization of the journal "Policing", as it is devoted to legal problems related to the creation of preventive measures to prevent crimes of a certain type. The content of the article fully corresponds to the title, since the author considered the stated problems and fully achieved the purpose of the study. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia (Spasennikov B. A., Ponkratov V.A., Shatilovich S.N., Sinitsyn E.I., Arkhipov S.N.). I would like to note the use by the author of a large number of materials of judicial practice, which made it possible to give the study a law enforcement orientation. Thus, the works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. All quotes from scientists are accompanied by author's comments. That is, the author shows different points of view on the problem and tries to argue for a more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the presence in it of the author's systematic positions in relation to the types of methods of committing a crime – escape from custody. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing"
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