PROOF IN THE INVESTIGATION OF WAR CRIMES

The article provides an analysis of the features of evidence in the investigation of war crimes, among which the author investigated: voluntary abandonment of a military unit or place of service, desertion, looting, evasion of military service by self-mutilation or other means, looting, as well as the subjects of the specified crimes. The peculiarity of proving voluntary abandonment of the place of service and desertion is such primary investigative (search) actions as: establishing the location and questioning of the suspect, identifying and questioning witnesses, questioning the military leadership, seizing documents, conducting forensic examinations. Among the circumstances of a criminal offense, the following are established during the investigation of voluntary desertion: time and reasons for desertion; where and when the person was detained, under what circumstances; with whom, where and how he spent time outside the unit; establishing the reasons for such an act. Evasion from military service is proven by such investigative (search) actions as: interrogations, forensic medical or forensic psychiatric examination, examination, temporary access to things and documents, search, investigative experiment. Features of proving looting are: establishing the owner of stolen items, fixing the scene of the crime (survey of the scene), inspecting the items of criminal trespass, identifying the identity of the suspect, and identifying the stolen item. It is also necessary to establish the circle of witnesses of the socially dangerous actions of the serviceman, the motives and purpose of the committed criminal offense, the study of the methods of commission, tools, in connection with which there is a need to apply special knowledge.