Journal of Siberian Federal University. Humanities & Social Sciences / Organizing Effective Pre-Investigations Prior to Initiating Criminal Cases of Illegal Bankruptcies of Credit Organizations

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Issue
Journal of Siberian Federal University. Humanities & Social Sciences: 2008, Vol. 1, Issue 2
Authors
Vasil’eva, Maria V.
Contact information
The Baikalsk State University of Economics and Law, 11 Lenin str., Irkutsk 664003 Russia, E-mail:
Keywords
pre-investigative procedure; verification activity; illegal bankruptcy of a credit institution; attributes of fraudulent bankruptcy; liquidator; endowment insurance agency
Abstract

It is difficult to investigate crimes committed when credit institutions file for bankruptcy. Moreover, there is no established procedure on how to best conduct these investigations. Court practice shows that such cases are difficult to substantiate and that a high percentage of them are dismissed. There have been few cases in which criminal proceedings were instituted against persons guilty of causing a bank’s fraudulent bankruptcy. Many reasons can be given to explain this; one is the extremely low quality of initial data used for investigation. But suppressing bankruptcy-related crime would help to decriminalize the Russian banking system, to increase its transparency and reliability, and to improve the economic security of the entire banking system. In this article, the author reviews the pre-investigative procedures of an investigator which precede the preliminary inquiry and inquest. The main purpose of this procedure is to collect and assess information to determine if there is a sufficient amount of data establishing the crime’s essential elements. The author reviews the causes for instituting criminal proceedings against persons for the fraudulent bankruptcy of a credit institution and reaches useful conclusions.

Pages
269-272
Paper at repository of SibFU
http://elib.sfu-kras.ru/handle/2311/746

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