Features of Pre-trial Investigation of Smuggling of Narcotic Substances, Psychotropic Substances, Their Analogues or Precursors, or Counterfeit Medicinal Products

The article explores the peculiarities of pre-trial investigation of smuggling of narcotic substances, psychotropic substances, their analogues or precursors, or counterfeit medicinal products,. It emphasizes that the illegal circulation of narcotic substances at regional, national, and international levels is reaching alarming proportions that are constantly growing. As a result, there has been an increase in the number of criminal proceedings investigated within this category of criminal offenses. This has posed new challenges for researchers and practitioners, who are involved in improving existing and developing new research methods. It is noted that pre-trial investigation is one of the most important stages of criminal proceedings, preceding the court hearing and commencing from the moment information about the criminal offense is entered into the Unified Register of Pre-trial Investigations (hereinafter referred to as the URPI).
The initiation of pre-trial investigation within their competence is the responsibility of the investigator or prosecutor. One of the peculiarities of detecting the smuggling of narcotic substances is that information about the commission of this crime is obtained in most cases through independent detection by the investigator, prosecutor, or other authorized official from any source of circumstances that may indicate its commission. It has been established that in most cases, the detection of the smuggling of narcotic substances fully relies on the law enforcement officers during the performance of their professional duties, usually on the officials of the revenue and customs authorities during the implementation of customs control. In the event of direct detection of signs of a crime provided for in Article 305 of the Criminal Code of Ukraine, a report is drawn up by a law enforcement officer, or if by another person, a statement is written, specifying the data that constitute the content of the Unified Register of Pre-trial Investigations. The investigator and prosecutor are obliged to enter the relevant information into the URPI and initiate an investigation urgently, but no later than 24 hours after the detection of circumstances from any source that may indicate the commission of smuggling of narcotic substances. It is stated that in urgent cases, the examination of the scene of the crime can be conducted before entering the information into the URPI. The detection of smuggling of narcotic substances should be considered an urgent case, therefore the examination of the scene of the crime can be conducted before entering the information into the URPI, and the information must be entered immediately after the completion of the
examination. A protocol is drawn up on the conduct of the examination of the scene of the crime in accordance with the requirements of Article 104 of the Criminal Procedure Code of Ukraine. The importance of conducting a search of a person after the examination of the scene of the crime is emphasized. In addition to the examination of the scene of the crime and the search of a person, the following investigative (search) actions are considered priority in the investigation of smuggling of narcotic substances: examination of material evidence, appointment of expertise, interrogation, seizure of property. The peculiarities of conducting the aforementioned investigative (search) actions in the investigation of smuggling of narcotic substances are disclosed. An algorithm of actions during the investigation of this type of crime is proposed.