Features of the initial stage of the investigation of crimes related to the creation and management of a financial pyramid

Abstract

The article is devoted to the consideration of the features of the initial stage of pre-trial proceedings consideration receiving applications and messages containing information about the activities of a financial pyramid. As a part of the study, the data of legal statistics on the type of crime under consideration is given to confirm the topic relevance, indicating a low percentage of sending criminal cases to court. Complexity due to the radical change in the investigation's initial stage in the Republic of Kazakhstan and the introduction of a Unified register of pre-trial investigations characterizes the initial level of the inspection of crimes related to the organization and activities of financial pyramids. The author presents two typical investigative situations that practitioners face when considering initial information about a criminal offense, responsibility for which is provided for in Article 217 of the Criminal Code of the Republic of Kazakhstan and considers the circumstances to be established in each of them. The article suggests the author's approach to establishing the circumstances necessary for making a procedural decision on registration or not registration in the ERDR. The recommendations set out in the article are aimed at assisting practitioners in making a timely, reasonable and legal decision at the initial stage of the investigation when considering applications and reports of criminal offenses related to the organization and activities of financial pyramids.