Forensic identification and its role in the investigation of poaching-related crimes

In this study, the author uses the works of Russian scientists I. A. Bondarev, V. M. Karpechenkov, A. A. Kraskova, E. V. Korneeva, A. A. Nesterkina, S. S. Skvortsov, P. Yu. Tanko, L. V. Kharkovskoy and others, many of whom are recognized scientists in the field of investigation of crimes related to poaching. The works of these researchers, we believe, correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the stated topic. The author of the article shows various points of view on this topic and further provides his own position on the issue under study.

Throughout various historical eras, poaching has caused irreparable damage to the Earth's ecological system, and today it is considered a problem of preserving certain species of animals, especially endangered ones. Due to the extermination of animals, significant environmental damage is observed, thereby affecting many areas of human activity. The very concept of "poaching" is revealed as "unauthorized hunting on foreign lands" ^[1]. Already from this definition, it can be concluded that animals have long been considered as property. We fully consider it right to agree with the opinion of A. A. Kraskova and L. V. Kharkovskaya, who state that poaching is a global problem affecting the threat of extinction of many species of flora and fauna. So, the issue of poaching in the Far East and in the The Lower Volga region, where animals in demand on the black market live. Also, despite the existence of sanctions provided for by law, many people take such a risk in order to obtain illegal earnings ^{[2, pp. 1-2]}.

Indeed, there is no need to prove further that poaching is a serious problem for humanity, since people are closely interconnected with the ecosystem, and illegal hunting can lead to various negative consequences. Thus, there may be a decrease in biodiversity, because an ecosystem is a complex nature—forming process, where each individual performs a function inherent only to it. A classic example is the shooting of wolves attacking livestock. According to S. S. Skvortsov and V. M. Karpechenkov, due to the reduction in the number of the named predator, the number of other animals, for example, deer, which act as "victims" of wolves, increases sharply. As a result, deer consume all the food in the forest and destroy the food supply for themselves and other animals, after which hunger begins in the forest belt. In the worst case, there may be a reduction in the forest area ^{[3, p. 89]}.

Undoubtedly, almost everyone knows the emblem of the pizzeria Dodo Pizza, which depicts the dodo bird, or, as it was called several centuries ago, the Mauritian dodo. The dodo is not only the logo of the pizzeria, but also the generally recognized principle of the struggle for the protection and conservation of rare species of animals, and the dodo is also the emblem of the Durell Wildlife Conservation Foundation. The Mauritian dodo is a large flightless bird that lived on the island of Mauritius. When Dutch sailors sailed to this island, hunting for birds immediately began. An interesting fact is that the dodos were very trusting and had no natural enemies. The result is natural: all Dodos were killed in a few decades in the XVII century. This circumstance even gave rise to the English saying "dead as a dodo", emphasizing the transience of the life process and complete extinction. F. V. Ovchinnikov decided to make the named dodo bird a symbol of the new pizzeria chain, emphasizing its openness and trust in the consumer — this is how the original name of the company appeared ^{[4, pp. 36-37]}. Using this example, it can be understood that people, realizing their own goals, do not think that because of poaching, such a species of wildlife as the dodo, which can now be seen only on company logos, has been exterminated in a short time.

However, there were other representatives of the animal world, the process of extinction of which was accelerated by man and proceeded in a more "record" time. One of these animals can be called a Steller's cow, or a sea cow. This species was discovered in 1741, and became extinct as a result of hunting it already in 1768, i.e. after only 27 years. This fact is an example of the barbaric attitude of people towards animals^[1].

From what has been said, we can conclude that throughout history, people have treated wildlife representatives exclusively in a consumer way. Today, the problem of poaching is acute in Africa, when, for example, tourists are protected from gorillas with the help of armed guards in the form of "rangers". This problem is primarily related to trade. If earlier poaching was aimed at the survival of humans as a species (for example, in the Stone Age), then in current realities it (poaching) is a way to illegally earn money. The economic well-being of some African countries depends on the availability of unusual animal species, since it is tourism that attracts a significant part of financial resources to these states. If these animals become extinct, then Africa will cease to be of interest to tourists, nevertheless, representatives of rare animal species still lose their lives through human fault.

As it is known, extinct and rare species of animals have been recorded since 1948 in The Red Book. In Russia, for example, Amur tigers are included in it. That is why in 2013, at the initiative of the President of the Russian Federation V. V. Putin, the geographical society created a special fund "Amur Tiger Center" in order to study, preserve and increase the population of the Amur tiger ^{[5, p. 106]}.

Poaching also damages the economic sphere of society. For example, according to UN estimates, the global economy annually suffers a loss of $23 billion due to illegal fishing ^{[6, p. 482]}.

According to the official portal of the Ministry of Internal Affairs of Russia, in 2022 only half of environmental crimes were solved, including poaching (6,530 out of 11,600). As noted by N. I. Scriabin, a member of the Association of Lawyers of Russia, this category of crimes is characterized by a high degree of secrecy and low detection^[2].

Thus, in the introductory part of this article, the author showed that poaching as a problem has existed for many centuries. In this regard, it is important to consider measures to optimize the issues of its investigation, including from a forensic point of view. Forensic identification, which includes methods of trace analysis, DNA and other research methods, plays an important role in identifying and suppressing such crimes, contributing to the effective investigation and identification of perpetrators. In this study, the author reveals the role of forensic identification in the investigation of crimes related to poaching, and also offers innovative ideas for its improvement, which is the subject of scientific novelty of this article.

To date, the Criminal Code of the Russian Federation (hereinafter — the Criminal Code of the Russian Federation) provides for criminal liability for poaching, which can be expressed in the following acts (Articles 256, 258, 258.1, 260, 261 of the Criminal Code of the Russian Federation^[3]):

— hunting, fishing and deforestation during periods when such activities are prohibited by environmental legislation;

— extraction of natural resources without permits and licenses;

— hunting using weapons, lighting equipment and traps (also applies to poaching);

— extraction of natural resources using air and land transport;

— hunting and cutting down trees in arboretums, nature reserves, national parks, etc.;

— hunting of red book animals, etc.

It is worth saying that when considering criminal cases on illegal hunting (Article 258 of the Criminal Code of the Russian Federation), courts should take into account that, according to paragraph 5 of Article 1 of Federal Law No. 209-FZ dated July 24, 2009 "On Hunting and on the Conservation of Hunting Resources and on Amendments to certain Legislative Acts of the Russian Federation", under Hunting is understood as the search, tracking, pursuit of hunting resources, their extraction, primary processing and transportation. It is illegal to hunt in violation of the requirements of hunting legislation, including hunting without an appropriate permit for the extraction of hunting resources outside designated areas, outside the terms of hunting, etc.^[4].

The crimes provided for in paragraphs "b", "c" and "d" of Part 1 of Article 258 of the Criminal Code of the Russian Federation are recognized as completed from the moment of the beginning of actions directly aimed at searching, tracking, stalking for the purpose of extracting hunting resources, as well as their extraction, primary processing, transportation.

When considering cases of crimes provided for in paragraph "b" of Part 1 of Article 258 and Article 258.1 of the Criminal Code of the Russian Federation, it must be borne in mind that hunting in relation to wild animals belonging to species listed in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation, the turnover of such animals (including their parts and derivatives) are allowed only in exceptional cases provided for by the norms of environmental legislation (for example, in order to preserve objects of the animal world, monitor the state of their population, regulate their numbers, protect public health, eliminate threats to human life, protect against mass diseases of agricultural and other domestic animals, ensure the conduct of a traditional lifestyle and exercise traditional economic activities of the indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation), on the basis of permits (administrative licenses) obtained in accordance with the established procedure and in compliance with the conditions provided for in them.

Unfortunately, the source of poaching attacks on nature is man himself. In light of this, two types of poaching should be distinguished: direct and indirect. The first type includes direct human involvement: illegal extraction of an animal for the purpose of its sale, processing of fur, meat, etc. Indirect poaching is expressed in deforestation, construction of roads, buildings, etc. Anyway, illegal hunting today is an unacceptable phenomenon, which is not even of an intra—state, but of an interstate nature, as a result of which, it seems, it is necessary to counteract this negative process. In the modern period, there are various measures to combat poaching, ranging from legal liability to the fact that "rangers" are appointed in certain protected animal locations — specially appointed employees to protect nature.

From a forensic point of view, the identity of poachers is characterized as follows:

— as a rule, we are talking about middle-aged men, i.e. 25-50 years old;

— their predominant place of residence is the countryside, which implies the territorial possibility of extraction of certain species of animals;

— these persons have criminal connections, because in order to prey a particular animal, information is exchanged, for example, between "hunters": where is it better to go, which weapon is better suited, etc.;

— representatives of poaching are not only Russians, but also representatives of other countries (Chinese, Mongols, etc.);

— the presence of incomplete secondary, secondary or secondary vocational education in these persons;

— Poachers are mostly married people with children, dependents, etc.;

— the lack of a permanent income that satisfies the financial situation of a person, because poaching is a way of making money for some "getters".

In this regard, it is advisable to consider the role of forensic identification in the investigation of criminal cases related to poaching. Thus, in modern forensic practice, identity identification is used by DNA analysis, which can identify a criminal or prove the innocence of a person. If investigators had known that a mark had been left on a particular size shoe, it would not have been enough, because many people have shoes of this size. We agree with A. A. Vatsenko that DNA analysis, which provides the most accurate information, is of practical importance for forensic identification. In fact, any organism can be identified by the DNA sequence ^{[7, pp. 409-411]}.

Forensic identification is aimed at obtaining the identity of the investigated and identifying objects as a result of their research, while performing the functions of both technical and tactical methods in the investigation process. An important role in this case is assigned to the identity of identification, i.e. the correspondence of one object to the object of study. For example, if a suspect detained on a photo card declares that he is not the one he was mistaken for, then the lack of identity proved as a result of identification between him and the person depicted on the photo card is no less important judicial evidence than if the statement made turned out to be refuted. The investigation would have received a different direction, but the mistake in identifying the person would have been avoided. Many traces of crimes from a wide variety of causes quickly lose their original signs and after a short period of time may become unsuitable for conclusions about identity or lack of identity. The same thing happens with objects that "leave their traces" ^{[8, p. 201]}.

In this regard, identification is a process of studying certain objects in order to establish their identity. The achievement of forensic identification is achieved due to the individuality of the objects under study, the ability of material objects to reflect their characteristics, relative stability due to a certain time (identification period).

So, identifiable objects can be:

— living people;

— Unidentified corpses;

— the instruments of the crime;

— vehicles;

— terrain areas , etc .

Forensic identification can be carried out by:

— a mental image, i.e. according to the verbal portrait;

— material objects, for example, such as shoe marks, human handprints and spent cartridges;

— traces of biological origin and microparticles;

— photo and video images;

— samples of a person 's signature and handwriting , etc .

At the same time, the identification of objects can be carried out both during the operational search (carried out for the purpose of preliminary identification of objects and persons on the wanted list), and within the framework of investigative or forensic identification. Investigative identification can be carried out by means of passport identification, presentation of a person or an object for identification. Forensic identification is carried out by a forensic expert, whose task is to establish the circumstances to be proved in a particular case by resolving issues requiring special knowledge (Article 2 of Federal Law No. 73-FZ of May 31, 2001^[5]).

It is also necessary to mention the difficulty of establishing the facts of poaching, which is explained by the fact that this type of crime usually has no witnesses. As V. V. Egoshin pointed out, such an investigative action as an inspection of the scene of the incident (hereinafter referred to as WMD) is an important element in establishing the facts of illegal actions on the part of poachers ^{[9, p. 160]}.

This fact can be achieved by using:

1) the method of matching objects or their images. For example, during the WMD, a handprint was removed on a hunting weapon, which displayed a papillary pattern. During the work, a suspect was identified, who was detained and fingerprinted (in this case, it is an identifiable object). Thus, the dactocard and the trace of the finger of the hand were sent for an expert forensic study, during which the coincidence of particular signs of the structure of the papillary pattern (identifying object) is established;

2) the method of image overlay. For example, during the WMD, two externally similar objects were recorded and seized, the identity of which is established during the tracological study. The object itself has not yet been found, but these objects have been identified as single objects of the material world. These may be footprints of the same person, who has not yet been identified.;

3) the method of combining objects that previously formed one whole. If during the WMD two objects were found that previously formed one whole, for example, the shutter lever was broken on a hunting weapon by the hunter, while initially they were one whole.

It should be noted that the physical evidence in cases related to poaching is mainly traces of biological fluids. Because of this, a genetic examination will allow an analysis of the genetic material obtained from the crime scene and will help identify traces, as well as link them to specific animals. DNA profiles help identify the source of illegal mining and identify suspects.

Due to the time-consuming investigation of poaching, it is advisable to mention forensic examination as a tool for establishing the facts of poaching. Thanks to expert opinion, elements of criminal activity can be identified and, accordingly, the perpetrators can be brought to justice. An interesting fact is that forensic examination can also be applied to animals. Thus, in some countries (for example, in Mongolia), where in recent years there has been a qualitative change in the composition of crime and an increase in mercenary crimes, including cattle thefts, the study of issues related to the examination of animal tracks, the systematization and application of research results in practice has become especially relevant ^{[10, p. 66]}.

In addition, forensic genomic examination of biological traces can solve identification tasks for the detection of animal remains and establish kinship relationships between animals (for example, in the case of theft of livestock). This identification will help identify the victims of poaching and, accordingly, determine the methods of murder used by poachers.

As the author noted above, in case of WMD, an examination of traces is necessary. Forensic experts examine the traces and evidence left by poachers at crime scenes or during the transportation of illegally obtained animals. These may be shoe marks, fingerprints, hair, or other physical materials that may link suspects to the crime.

Focusing on WMD, it is necessary to say about the conduct of a ballistic examination, when the weapon of poaching is a weapon. In cases where poaching involves the use of weapons, forensic experts conduct a ballistic examination. This allows you to identify the weapons used, as well as associate them with specific individuals.

In the digital age, poachers can prepare for crime using information technology (messengers, social networks, etc.). In the modern world, poachers are increasingly using digital tools to plan and organize illegal activities, as well as to trade illegally obtained animals. Forensic experts carry out computer expertise, including the extraction and analysis of data from computers, mobile devices or Internet sites related to poaching. This makes it possible to identify the connection between poachers, determine the volume of illegal trade and obtain evidence to initiate criminal proceedings.

Forensic examination undoubtedly plays an important role in the detection of poaching crimes and in the fight against poaching. Its use makes it possible to establish the facts of crimes and identify the perpetrators, which can serve as an evidence base in the investigation of a criminal case. However, it is worth noting that establishing the facts of poaching through forensic examination can be complicated due to various factors, such as lack of necessary resources, limited access to information or the cross-border nature of crimes.

We can also add, as noted above, that forensic identification can be carried out by a verbal portrait, the result of which is not always completely reliable, since its achievement can be achieved due to subjective factors. No one doubts the usefulness of the information received, for example, about the appearance of poachers from the words of witnesses, but their testimony can not always be recognized as reliable, because every person tends to make mistakes, including under the influence of unusual circumstances. In addition, as mentioned above, the presence of witnesses during poaching is unlikely, since it is not always possible to meet passers-by hunting in the forest or in a similar area, unless they are mushroom pickers, specially appointed "rangers", etc.

In this regard, it is worth considering how it is possible to identify poachers using modern technologies. So, currently, with the help of unmanned aerial vehicles (hereinafter referred to as UAVs), it is necessary to monitor, check habitats and ways of movement of rare species of animals. This method helps to obtain data on the number of animals, the danger that has arisen, which can be prevented. This method is becoming more and more popular, it is easy to use, does not require much labor and constant stay of law enforcement officers in the wild ^{[5, p. 107]}.

It is difficult to overestimate the role of quadrocopters in helping law enforcement agencies in their daily activities. For example, the Japanese police use Yakuza quadrocopters in their activities in open areas in order to track and patrol borders. Similarly, the United States police uses UAVs to monitor the situation on the border with the United Mexican States. It is impossible not to mention the useful property of quadrocopters in scientific research, for example, in the most severe weather conditions, in which it is not possible to take readings for an ordinary person or an expensive device. Similar quadrocopters have already been developed at the University of Florida (USA), they have small dimensions and weight, which allows them to fly into the right points of the storm and turn off the engines to save fuel, while collecting information around using sensors ^{[11, p. 90]}.

Since the XXI century . It is rightly considered the age of digital capabilities, the use of UAVs looks like a rational solution not only from the point of view of monitoring and improving the safety of rare animal species, but also the ability to provide technical means for this control. The use of UAVs will help to more accurately identify poachers and, accordingly, bring them to appropriate responsibility. The problem of poaching has been facing humanity for several centuries, as a result of which it is necessary to form and put into practice measures to track rare species of animals, as a result, it is quite advisable to use these "drones".

In addition to the above, when considering the role of forensic identification in the investigation of crimes related to poaching, it is necessary to mention the modern capabilities of artificial intelligence. Criminology has always been highly susceptible to technologies that are potentially useful in detecting and solving crimes, so the use of artificial intelligence for it looks quite interesting. Thus, the use of artificial intelligence in the criminalistic identification of the category of crimes in question can be aimed at:

— identification of persons by their images obtained from photo or video images (for example, watching a video recording on a UAV, which was mentioned above);

— fingerprinting of the face based on fingerprints (for example, using the European database of fingerprinting Eurodac);

— establishment of criminal connections of a person using the "Octopus" system ^{[12, p. 130]};

— conducting an interrogation of a foreign person who does not speak Russian in order to establish his data;

— analysis of Internet resources in order to search for poachers (for example, sellers of rare species of animals), etc.

In addition, the author suggests installing GPS systems on hunting weapons. This will ensure accurate geolocation at the time of hunting, allowing the investigation to determine the location of hunters and identify potential areas of poaching activity. Such information can be an important addition to forensic methods that help to investigate poaching crimes faster and more effectively. So, if there is a photo or video image with the participation of a poacher, but his face is not clearly visible or not at all, the GPS system can contribute:

1) confirmation of the hunter's location;

2) comparison with the place and time;

3) analysis of the hunter's movements, despite the fact that his face is not visible at all.

Installing GPS systems on hunting rifles will help identify a person if, for example, there is no clear photo or video image of him, which looks like a priority for the evidence base for the investigation of a crime. It will also enable law enforcement officers to track the location of poachers if they are in restricted areas. It seems that tracking sensors can be installed in the butt or body of a weapon. In general, the installation of GPS systems seems appropriate not only to ensure the identification of poachers, but also for other types of crimes, for example, schoolshooting.

Thus, based on the analysis of the current state of forensic identification in the investigation of criminal cases related to poaching, its purpose may not be achieved due to various factors considered by the author during the study: lack of necessary resources during forensic examination; description of the object by verbal portrait may not always be reliable due to the human factor, i.e., the possibility of error; a cross-border factor; in addition, the problem of establishing the poaching factor is explained by the absence of witnesses in most cases. It should be noted that the detection rate of poaching in 2022 remains low, as reported above.

The position proposed by the author with the use of "drones" looks appropriate both from the point of view of increasing the effectiveness of the investigation of the category of crime in question, including forensic identification, and in the context of strengthening the prevention of poaching and subsequently the conservation of rare animal species. In addition, options for using artificial intelligence in the investigation of criminal cases related to poaching are proposed.

The problem of poaching is undoubtedly global in nature, and it is reasonable to say that it is necessary to introduce "innovative" methods to optimize forensic identification into domestic practice. Also, the installation of GPS systems on hunting weapons will contribute to the most effective tracking of poachers in restricted areas, establishing their location, identifying them and, consequently, bringing them to legal responsibility.