Yurkiv R. Peculiarities of detecting and investigating bribery of medical specialists

It has been pointed out that the main elements of forensic characteristics of such kind of criminal offense constitute the generalized data on a) the subject of encroachment b) the identity of the offender and the identity of the victim; c) the method of bribery of medical specialists; d) the circumstances of bribery of medical workers; e) the trace picture of bribery of medical specialists. It has been stated that a bribe of a medical specialist is an offer, promise to provide an unlawful benefit to a medical specialist, fulfillment of the promise, as well as acceptance by a medical specialist of such an offer or promise, request or demand to provide them with such an unlawful benefit, and its receipt for performing or failing to perform any action in the interests of a person who makes such unlawful offers, promises or provides such benefits, or in the interests of a third party. The algorithm of actions of the investigator concerning the detection of the offender’s identity of a medical specialist has been singled out: 1) making sure the person in question has the legal status of a medical specialist; 2) establishment at the level of regulatory legal acts of the system of rights and obligations of such a person in the field of health care; 3) enshrining in law the responsibility for acts of corruption related to the provision of medical care. Three common cases of the initial stage of investigation of bribery of medical specialists have been considered: the statement of an interested person about the bribery which is being prepared for a medical specialist; statement of the interested person about the fact of bribery of a medical specialist; information on the fact of bribery of a medical specialist or bribery that is being prepared, received from the body which is conducting operational and investigative activities. The tactical features has been revealed of such procedural actions of the initial stage of the investigation of bribery of medical workers as: 1) interrogation of the victim or the applicant (whistleblower); 2) review of the future subject of an unlawful benefit; 3) detention of the offender red-handed and temporary seizure of property; 4) personal search of the suspect, and if necessary - their examination; 5) inspection of the scene of crime; 6) interrogation of the suspect; 7) search at the place of work and place of residence of the suspect, and if there are grounds for this - of their relatives, friends, acquaintances; 8) review of documents regulating the activities of the medical institution (charter, other constituent documents) and determine the scope of duties of the medical specialist (job descriptions, orders); 9) seizure of the suspect's property; 10) interrogation of witnesses; 11) appointment and examination; 12) conducting covert investigative (search) actions. It has been noted that the organization of the investigation of bribery of medical specialists includes the following elements: consideration of primary information and delineation of the circumstances to be proved; defining and specifying the purpose of the investigation; delineation of forces and means to achieve such a goal; investigation planning; typical investigative situations; interaction of the investigator with operational units; mobilization of participants in the investigation and coordination of their actions; use of special knowledge in the investigation. The tasks of the next stage of the investigation of bribery of medical workers include: completion of an inspection of previously constructed investigative versions of the event of a criminal offense and the person who committed it; continuation of the formation of the evidence base; elimination of contradictions in the evidence; obtaining detailed information about the identity of the offender; clarification of all other circumstances to be proved; formulation of legitimate and reasonable suspicion; resolving the issue of choosing a precautionary measure. It has been substantiated that the final stage of the investigation of bribery of medical specialists is aimed at fulfilling the following tasks: a) assessment by the investigator of the collected evidence from the perspective of their sufficiency to resolve the issue of completion of the pre-trial investigation; b) investigator’s decision on the completion of the pre-trial investigation; c) systematization and proper registration of materials of criminal proceedings; d) granting access to participants in criminal proceedings to the materials of the pre-trial investigation; e) determination by the prosecutor of the direction of the criminal proceedings which came along with an indictment.