The principle of clarity in the study of ways to make escapes from custody.

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

The purpose of the study is to substantiate the use of the principle of visibility in the study of methods of escaping from custody by employees of the security and escort units of the police.

Research objectives:

1. Consider the terms of imprisonment as a type of criminal punishment established for the commission of escape from custody currently in the Criminal Code of the Russian Federation and in the previously existing editions of the Criminal Code of the RSFSR.

2. To determine the main focus of training of employees of security and convoy units of the police.

3. To study the principle of visibility, to project it on the organization of training of employees of security and convoy units of the police.

4. Describe the means of visibility that can be used in this type of training.

5. Give examples of providing clarity to the methods of escape from custody by persons in pre-trial detention.

Responsibility for escaping from custody is provided for in Article 313 of the Criminal Code of the Russian Federation, the sanction of which establishes a penalty of up to eight years in prison for this act, depending on how it was committed.

Escape from custody can be committed in various ways, however, for the criminal-legal characteristics of the composition of this crime, only a group and/or violent method of escape is important, since these methods are directly indicated in the disposition of Article 313 of the Criminal Code of the Russian Federation.

The first Soviet Criminal Code provided for liability for the illegal release of an arrested person from custody, for facilitating his escape, for escape involving violence against the guards, as well as for the escape of an arrested person committed by digging, breaking and generally damaging gates, walls, etc. According to the rules established by this law, two categories of crimes were defined, for the commission of which the lowest (not subject to reduction) and the highest limit of the punishment determined by the court were established.

Since escape from custody was one of the most dangerous acts, the first group of crimes, the lowest penalty threshold was set for this act - one year and depending on the method of commission (violence against guards) could be extended to two years.

Responsibility for escaping from custody under the Criminal Code of the RSFSR of 1960 was established by Article 188 and, in the original version, assumed up to 5 years of imprisonment.  The new version of Article 188 of the Criminal Code of the RSFSR included additional qualifying features (repetition; preliminary collusion, a group of persons; possession of weapons or their use; the use of violence, or a method that poses a threat to the life or health of other persons; damage to engineering and technical means of protection or by undermining), the presence of which allowed to increase the maximum size penalties of up to eight years in prison.

Thus, depending on the method of escape from custody, which has criminal legal significance, the punishment for this act also varies. 

There is no way to determine which escape will be the most dangerous - from a place of pre-trial detention or from a place of deprivation of liberty. We believe that both species are dangerous in their own way. In the first case, a person can escape in order not to expose himself in the commission of a crime by hiding previously unearthed evidence, persuading participants in the criminal process to his side in various ways, in the second case, when guilt in the commission of a crime is proven, the goal will be the unlawful abandonment of the place of serving a sentence, especially such an escape will be terrible when a person has virtually nothing to lose and he has already been assigned the highest limits of sanctions for previous illegal acts (life imprisonment, death penalty). Thus, escapes from each type of detention are very dangerous crimes that cause serious damage to the implementation of the principle of the inevitability of punishment of persons guilty of committing crimes ^{[1, p. 147]}.

         Almost 20 years ago, V.A. Ponkratov noted that "in theoretical and methodological developments, there are different approaches to characterizing the causes and conditions of escapes. The analysis of these developments showed the incompleteness of the study of the conditions for making escapes, which boils down to the fact that they were considered in isolation from the methods of their commission"^{[2, p. 21]}. The study of escape methods can recreate possible causes, conditions and factors, the presence of which, in practice, may prompt a person in custody to commit an escape, point out certain miscalculations in the organization of the activities of security and escort units of the police, prevent emergencies in the future.

I.S. Tsaplin notes that, "in order to form high moral, psychological and professional qualities among the employees of the escort service, their training should be aimed at:

- study of reliable ways to protect convicts and persons in custody during escorting;

- study of escape methods during escorting, as well as the causes and conditions of escapes that contribute to them;

- study of the tricks used by escorted persons when making escapes, recognition of preparations for escape or attack;

- ability to act in a difficult situation, under extraordinary circumstances;

- the ability to use physical force, special means, firearms" ^{[3, p. 169]}.

Before considering the methods of committing escapes from custody, it is prudent to analyze statistical data indicating that these acts are being committed at the present time, classify them by places of service, establish the ways in which these acts were committed. It is necessary to pay attention to the reasons, conditions, factors that contributed to the escapes from custody. 

         When studying, the methods of escape can simply be listed, recorded, however, it is most likely that they will not be preserved in memory, respectively, in the future, in practice, it is possible that preparations for escape may be missed, since a police officer simply will not perceive some details pointing to it. Therefore, when studying the methods of escapes, as well as the factors that served to create favorable conditions for their implementation, it is necessary to use the principle of visibility. 

         The principle of visual learning was formulated by Jan Amos Komensky and was understood by him as a reflection of the need to involve all the senses of the learner to perceive the subject of study ^{[4, p. 102]}. Visibility by the great teacher was elevated to the "golden rule of learning" ^{[5, p. 11]}.

         Visibility in teaching involves both the widespread use of visual sensations, perception of images, and constant reliance on the evidence of all other senses, thanks to which the immediate effect of perception is achieved. In addition, information in the form of images is stored in memory longer.

The desired image can "pop up" in memory at the right moment (for example, if you verbally ask students the procedure for fainting, some may find it difficult to answer, however, if they have ever seen the actions of others in such a situation, studied them practically, visually, then in a situation when a person faints with them, repeat them without difficulty).

In the process of training employees of security and convoy units, visibility plays a particularly important role, since the activities of students are mainly practical in nature and have one of their special tasks the comprehensive development of the senses.

         The shortcomings of students' memory may manifest themselves not so much in the difficulties of obtaining and storing information, as in its reproduction and use in necessary cases (for example, "visual", "motor" memory, memorization of a fragment that is reproduced by an illustration" in any case). The use of various additional tools and techniques in the learning process (illustrative, symbolic visualization) can have a significant impact on improving the quality of reproduction of verbal material.    

         Providing visibility is achieved:

         - accessibility in training, effective use of study time;

         - creation in the course of classes of various conditions for the actions of trainees, requiring them to be independent and practical application of previously mastered material;

         - implementation of objective control over the actions of trainees, identification of errors and insufficiently learned questions ^{[6, p.60]};

         - activation of attention, expression of interest by students;

Currently, the principle of visibility has been considered not as an auxiliary, but as one of the basic principles in teaching ^{[7, p. 56]}.

         In order to study methods of escape from custody, as well as during other classes with employees of security and convoy units, the following means of visibility can be used:

         Using multimedia. Presentations – illustrations to the text, sequences of actions, performed by highlighting the most significant moments, may include photos, videos, tables, graphs, diagrams, etc. Simultaneous transition from slide to slide with the teacher's explanation, with the ability to view the video, analyze it and move on to practical actions will greatly simplify the explanation and assimilation of the most complex material.

         At the beginning of consideration of the topic related to escapes from custody, official statistics data (tables, graphs, diagrams) can be used.

In this case, an illustrative example from official statistical data is given, for studying this topic it is more appropriate to use data open for official use to police officers, reflecting the number of escapes from places of detention or when conducting procedural and other actions with suspects (accused) (IVS, court, investigative actions, medical institution, etc.), as well as characterizing the grounds on which police officers were involved in guarding and escorting (keeping) suspects (accused) from whom the escape was committed (IVS, regular convoy, reserve convoy, police officers not included in the regular or reserve convoy), etc.

         If this information is reproduced "by ear", then not all data can be assimilated by students, it will also depend on the amount of information provided.

For example, the text will be difficult to perceive only when read aloud: "In 2018, 131 people were identified who escaped from custody, of this number 108 people escaped from custody is the most serious composition, in 2019, in 2020 and 2021 (...) in 2022, 135 people were identified, from of them, 119 escape from custody is the most serious composition, the number of convicts under Article 313 of the Criminal Code of the Russian Federation for the specified range was 104,124,101,123, 98 people, respectively" (Data provided by the Judicial Department http://cdep.ru / and GIAC of the Ministry of Internal Affairs of Russia https://мвд.рф /).

If this information is expressed as a percentage of the number of all identified persons, then this information will not be assimilated at all. In addition, it is not possible to compare, compare by ear.

         However, by expressing the same data in the table, you can visually perceive this information, as well as compare and compare. For these purposes, it is convenient to use handouts while simultaneously using multimedia capabilities. Tables can be executed in various techniques and variants for the convenience of comparing the data displayed in them. Nevertheless, it will be even more convenient for perception to display the same data in the form of a graph, diagram, when there is no need to spend effort and time to compare the provided numerical values, it is enough to look at the fluctuations of the "curve" in the graph, or the height of columns, the width of sectors in the diagram and understand the dynamics and compare the maximum and minimum limit in during the set period.

Table No. 1

The number of persons identified in 2018-2022 who committed a crime under Article 313 of the Criminal Code of the Russian Federation and of them by the most serious composition

 In natural numbers and as a percentage

Table No. 2

The number of persons identified in 2018-2022 who committed a crime under Article 313 of the Criminal Code of the Russian Federation and convicted under Article 313 of the Criminal Code of the Russian Federation

 In natural numbers and as a percentage

Schedule No. 1

The number of persons identified in 2018-2022 who committed a crime under Article 313 of the Criminal Code of the Russian Federation and convicted under Article 313 of the Criminal Code of the Russian Federation

Schedule No. 2

The number of persons identified in 2018-2022 who committed a crime under Article 313 of the Criminal Code of the Russian Federation and convicted under Article 313 of the Criminal Code of the Russian Federation

Diagram No. 1

Convicted persons under Article 313 of the Criminal Code of the Russian Federation in 2018-2022.

 Diagram No. 2

The number of persons identified in 2018-2022 who committed a crime under Article 313 of the Criminal Code of the Russian Federation and convicted under Article 313 of the Criminal Code of the Russian Federation

The presentation of reviews and the results of internal audits is also used to illustrate the information given earlier. In this case, the example is given not only for explanation, but necessarily focuses on the causes, conditions, factors that led to the escape in a particular situation. The determinants of the committed escape from custody must be compared with the points of regulatory legal acts regulating the official activities of employees of security and convoy units. Focusing the students' attention on the actual punishments for the guilty (can be done schematically), indicating some of the consequences (deprivation of bonuses, dismissal from the police department, etc.) can be clearly reflected in their memory and possibly in practice, help prevent certain conditions for escape from custody.

When analyzing the materials of judicial practice, the teacher can use the following methodological technique, which consists in visualizing the content of the texts of court decisions using multimedia support for training sessions. For this purpose , conventional designations are accepted:

Yellow color – conditions and violations that contribute to the escape.

The green color is the consequences of a perfect escape from custody.

Example (extract from a court decision):

"With the connivance of the head of the IVS, K., the deputy head of the IVS, A. ... did not check the armament and equipment of the convoy staff during the briefing, A. himself did not arm himself with a service weapon, than violations were committed...

...none of the employees assigned to the convoy ... received a rubber stick and a wearable radio station, B. and M ... did not arm themselves…

As a result of the escape from the custody of Ka. he got the opportunity to hide from the court, put pressure on witnesses and other participants in criminal proceedings in his case, which created a danger of committing new crimes by him, hindered the implementation of criminal proceedings against Ka., and also undermined the authority of state authorities and employees of the Department of Internal Affairs of the Russian Federation ... the actions of K., B. and A. entailed a significant violation of the established legal order of implementation criminal proceedings" ^[8].

         If there is a photo / video of a perfect escape from custody or other emergency, this will be very significant information that will be perceived better and will remain in memory longer than the perception by ear. Watching such video clips allows you to experience, simulate the situation, feel it. During the playback of the video (viewing photos), it is necessary to indicate what obvious violations have occurred, analyze the event and supplement the violations noted earlier, including pointing to the correct procedure, which, if observed, the emergency would not have occurred. And in the future, when an employee finds himself in a similar situation, he will have a ready-made solution, he will no longer behave "incorrectly". The perceived visual "picture" will be deposited with him.

         It is more expedient to conduct practical classes using natural objects, models, models, dummies ^{[9, p.181]}, simulators, mannequins, training grounds (polygons), attracting extras.

Be sure to use natural objects or very similar to them (means of restricting mobility, a special stick, a gun). If a certain set of actions is performed, imagining this or that object, without having it in reality, then in a practical situation an employee can also imagine that he is as if armed, as if equipped, etc. And, at the most crucial moment, the necessary equipment and weapons may simply be missing. It should be noted that the more realistic the situation under study is, it is possible with the use of the most vivid special effects (sound effects of "blank" shots, the training pistol is not "imaginary", not rubber, but similar to the real one in weight, functionality, with the possibility of removing the fuse, reloading, bringing the weapon to normal combat, pressing the tail of the trigger, etc.), the more clearly it will be reflected in memory.

The use of training grounds is the most important stage in the assimilation of information, especially if they have conditions as similar as possible to real ones. For example, there is a significant and obvious difference between conducting a practical lesson on a topic related to escaping from custody in the classroom and in a place where a police officer will actually serve (a cell block of the IVS, a room for an escort in the courthouse, a protective barrier in the courtroom, in (y- when boarding / disembarking) a special car of the "AZ" type, in a medical ward, etc.), where you do not need to "imagine" this or that object, but have the opportunity to see it, touch it, hear, for example, the sound of a slamming door, the click of a shutter, etc.

It is advisable to work out a relaxing blow in order to repel an attack and protect yourself when escaping from custody on a mannequin so that the motor, "muscle" memory works.

The involvement of statisticians is necessary to ensure the implementation of maintenance, security and escort actions, to ensure compliance with regime measures, including conducting search and inspection actions. Non-fulfillment or poor-quality fulfillment of these and other mandatory procedures may be a favorable condition for escape from custody and other emergencies.

         Manuals and other educational literature used in the learning process should be illustrated with both text examples and photographs, diagrams, drawings, for easier and faster perception of information (for example, a practical situation of a perfect escape from custody is given, in the description of which a significant part is given to explaining the location of premises, furniture, convoy however, if the same information is represented by diagrams, photos, it will be more accessible).

         Be sure to note positive examples, vivid, memorable, for example, a prevented, suppressed escape, during the lesson.

M., being an employee of the court, produced a fake official document - a court order containing untrue information about the cancellation of a preventive measure in the form of detention of the accused F. and about his release from custody, with the aim of using him in organizing the escape from custody of F. The specified resolution M., put in a folder for the courier of this court, who handed the decision to the staff of the pre-trial detention center, where F. was held.However, the fact of forgery was discovered, and therefore the escape of the accused F. from custody did not take place, since it was suppressed by the actions of the employees of the named institution ^[10].

Own examples from practice are even more illustrative, because they come from an eyewitness of events, are considered more truthful. They must certainly be cited, alternating with other examples.

Practical actions must necessarily be considered an element of visibility. Systematic reproduction of a certain algorithm of actions will help to recreate it in the necessary case. This can especially manifest itself with suddenness. Therefore, it is very important to conduct constant practical training to prevent escape from custody, committed in various ways, and other emergencies. It is mandatory, in these situations, to perform all actions really. For example (during a practical lesson), the convoy takes the accused from the cell of the convoy room in the courthouse to the courtroom, routine, everyone is relaxed. Unexpectedly, the command "Attack" ("Escape", etc.) is given. A police officer who is being "attacked" reflects it, perhaps by inertia, and an employee who is not being attacked may consider that this is not real and will not take any action to stop a dangerous act. This is how he will behave in a real attack, so it is necessary that each case of simulated actions is perceived by the trainees as real.

         It is not possible to study the methods of escape without analyzing the violations accompanying the escape from custody, and, in some cases, the causes of it. Violations ^{[11, p. 47]} can be carried out in the form of an action (handing over keys to persons not responsible for them) and inaction (self-removal from duty (sleep, loss of vigilance), failure to exercise supervision (physical absence at all, or by viewing data from CCTV cameras)), may contain signs of a crime (collusion with persons under protection), etc. It is mandatory to give an example to each violation (or the majority) illustrating a specific violation for visual perception and retention in the memory of students.

When starting to study the methods of escape from custody ^{[12, p. 9-19]}, it is important to comment on each illustrative example given to them:

Table No. 3

Methods of escape from custody

Each of the considered methods may also have variations, for example, the escape from custody secretly or openly, with or without the use of weapons or objects used as weapons, external assistance in the release of a person in custody may be with the use of violence against police officers, other persons, with hostage-taking. In addition, classification by place of commission (IVS, investigative actions, medical institution, court, etc.), by employees providing protection of the suspect (accused) (IVS, convoy, reserve (freelance) convoy, police officers not included in the reserve convoy), etc. can be considered. One of the ways of escaping from custody can "flow" into another and back.

Also, it should be noted that the methods of escaping from custody of persons in pre-trial detention may differ significantly from escapes from places of deprivation of liberty of persons serving sentences, due to the fact that the institutions in question have somewhat different organization, specifics of activities, escort routes, places of detention and their localization. For example, while serving a sentence, a person can enjoy the right of unrestricted movement outside the correctional facility, which greatly simplifies the escape.

         We believe that, in general, we have described the means of providing clarity that can be used to study the most possible ways of escaping from custody of persons in pre-trial detention.

As there can be no cure for all diseases, so the means of ensuring clarity may be different than those presented in this article, escape from custody may also be committed in a different way, not from the listed ones, since crime does not stand still, is constantly developing, various tricks are used and improved, etc.

When conducting classes, it is not possible to work out every situation, not every action can become a benchmark in practice, it is also impossible to answer any question in connection with the dynamics of processes, changes in legislation, the behavior of a special agent, however, there is a certain basis fixed in regulatory legal acts that should be adhered to, certain algorithms of actions have been developed, compliance with which will help to avoid emergencies in official activities.

It is better to learn, especially in such a serious matter, from the mistakes of others, and not from your own, which will help the principle of clarity.