"THE BAILIS CASE" (1911–1913): OPERATIONAL, INVESTIGATIVE AND FORENSIC ANALYSIS (to the 110th anniversary of the trial)

Abstract

Based on the analysis of the archival materials of the criminal case regarding the murder
of Andriі Yushchynskyi, the published memories of the participants in this process about
the conduct of investigative activities, investigative actions and the trial in the «Baіlis case»,
in the context of a scientific understanding of the operativeinvestigative and forensic
aspects of the criminal proceedings in the specified case, that is the purpose of this article.
The influence of external and internal factors on the process of the investigation and trial
of the case, the proposed versions of the discovery of the corpse of Andriі Yushchynskyi
and the measures taken by the investigation to verify them were considered, covert
measures, investigative (search) actions were analyzed, examinations were carried
out in the «Bailis case», the main provisions trial, in which prominent experts of that time
took part. Methodology. Historical-legal, historical-comparative and biographical,
comparative-legal, formal-legal methods were used to achieve the goal.
Scientific novelty. On the example of a well-known criminal case (1911–1913)
based on the fact of the murder of a thirteen-year-old boy Andrii Yushchynskyi,
an operational investigative and forensic analysis of the process of investigation
and trial of the «Bailis case», recognized as a case of ritual murder, was carried
out. Results. The influence and intervention of officials of the departments
of justice, internal affairs and the police on the process of the preliminary
investigation of the murder with the aim of recognizing it as a ritual crime
against the Jews has been proven. The versions of the investigation put forward
at the initial stage of the investigation are characterized: the murder of
A. Yushchynskyi was committed by his parents due to personal hostility; Jews
committing the ritual murder of A. Yushchynskyi; accomplices from Vira
Cheberiak's gang committed the murder of A. Yushchynskyi. The main
operational and investigative measures and investigative actions carried
out to verify the proposed versions are disclosed. When the third version
was confirmed by secret measures and investigative actions, on the basis
of internal opposition to the investigation, the accusation of the ritual
murder of Yushchynskyi by the Jew M. Beilis was sent to the court. The
place and significance of the conclusions of forensic medical, psychiatric,
psychological and ritual expertise in the process of forensic evidence
is clarified. The role of well-known criminologists and forensic experts
at the beginning of the 20th century is visualized in the investigation
of individual circumstances of the violent death of Andrii Yushchynskyi,
the announcement of experts' conclusions and their cross-examination
in court. Taking into account the material evidence examined and the
testimony of the trial participants, the justice of the court decision
declaring Mendel Baylis innocent of the murder, which was recognized
as ritualistic, was demonstrated.