Application Indicial Method of Discovering and Clarifying Organized Crime

Abstract

Detection of criminal offences usually starts by noticing indicial facts implying the existence of crime and possible perpetrator. The question that is put in front of us here is the way in which those facts will be used and presented in an investigation, and the problems that may appear in practical application of theoretical concept of clues, versions, probable cause, reasonable ground, lower or higher probability, doubt and certainty. This issue is especially important when talking about organized crime since it is a very complex and severe criminal offence which is usually proved and detected by application of special investigative techniques (special investigative measures). In addition, it is generally thought that the traditional criminal investigation does not guarantee the success in heuristic activity in terms of these criminal offences. There is no doubt that the clues are the foundation for detection of crimes and offenders. The very investigation, but also the criminal proceeding, cannot be imaged without relevant clues. If we want to detect and prove such a serious criminal offence as it is organized crime, it is necessary to clarify all the relevant facts and elements which put specific crimes into the category of organized activity, and at the same time, it is necessary to provide adequate material and personal evidence. No matter the significance of the modern methods of detection and investigation of organized criminal offences, the indicial method, as one of the methods of criminalistics methodics, takes a special place in the investigation and further activities. The facts that are being analysed and overviewed, and the plans for operational activity, are of operative significance, but we must not forget the present evidence which vary from situation to situation. Therefore, if we want to have properly applied indicial method, it is necessary to perform a detail analysis of all collected facts, no matter whether they have an operative or evidentiary importance. So, formally speaking, the application of the indicial method in detection and proving crimes should be the inevitable part of the investigation, since the probable cause in the initial point of each investigation.