The concept and types of expertise. The main types of expertise

In judicial practice, there are cases when without additional research it is impossible to establish all the circumstances of the case. Then the judge is forced to order a forensic examination. We will talk about what constitutes this procedure.

Expertise: concept, types, tasks

A forensic examination is an investigative action consisting of special studies established by law. After its holding, an opinion is given on all the questions posed.

The subject of examination in each case is different. The object of this procedure may be:

• A corpse or its traces.
• Vehicles.
• Mechanisms and equipment.
• Tools.
• Weapons
• Documents and their contents.

Using all sorts of ways and methods that are available in the arsenal of experts, new evidence can be obtained. They will help to understand all the intricacies of a criminal case.

Distinctive features of forensic examination

There are several characteristics that make it unlike other procedures:

1. A forensic examination may only be carried out within the framework of a criminal case.
2. The reason for her appointment is the need for special knowledge that will help to answer the questions of the investigation.
3. Only an expert who has been appointed by law has the right to conduct a forensic examination. In legal proceedings, he is a full participant in the process.
4. All the results obtained during the examination, are made out in accordance with all requirements in the form of a conclusion. It will act as an independent evidence, which is prescribed by law.

It turns out that forensic science is a science about the principles of using specific knowledge in the investigation of crimes.

Varieties of expert research

Most recently, these procedures were divided into classes, genera, species and subspecies. In recent years, it has become increasingly difficult to attribute certain types of forensic examinations to a particular class. With the development of science and technology, new studies appear, which complicates this separation.

More often in practice, the following classification is used when considering types of forensic examinations.

If necessary:

• Optional
• Mandatory.

By the nature of the tasks:

• Diagnostic
• Identification.

By the nature of the required knowledge, types of examinations are:

• Forensic.
• Medical.
• Psychiatric.
• Biological.
• Economic.
• Psychological.
• Sanitary and epidemiological.
• Veterinary.
• Technical
• Ecological.
• Accounting.
• Commodity research.
• Art criticism.
• Material science.

According to the sequence of carrying out:

• Primary (held for the first time).
• Repeated (carried out in case of any doubt after the first examination).

By the volume of work:

• The main ones.
• Additional.

At the venue:

• In a special institution.
• Outside of an expert institution.

By the number of experts:

• Sole (holds one person).
• Commission (a group of several experts is created).
• Comprehensive (specialists from different fields can work).

Based on the results of any examination, a full conclusion is made and submitted to the courts.

Environmental assessment

Such a study is being conducted in order to assess the negative impacts of any kind of human activity on the environment, natural resources and human health. All types of environmental impact assessment are based on certain principles.We list them:

1. The principle of presumption of potential environmental hazard of any type of activity.
2. The principle of binding: an environmental review is carried out until a decision is made on the implementation of its facility.
3. The principle of complexity: the environmental impact of all types of activities and their consequences are evaluated.
4. The principle of independence of experts: the decision of the commission should not depend on anyone.
5. The principle of reliability: at the first request, all the necessary information should be provided to the commission.
6. The principle of scientific validity and objectivity: all conclusions must have a scientific explanation.
7. The principle of transparency: the media, public organizations can participate in the work of experts.
8. Principle of responsibility: experts should be responsible for the quality of the examination.

Currently, the following types of environmental impact assessment are distinguished:

1. State.
2. Public.

State examination is carried out at the federal or regional level. The public is not dependent on the state. Its initiators can be ordinary citizens, public organizations or local authorities.

The conclusion of the state examination is mandatory for execution, but what the public decided can only be used as recommendations.

Customs examination

When crossing the state border, all goods must undergo such a procedure. It is conducted by specialists who have the right to do so.

There are situations when officials do not have enough knowledge to conduct a full examination, in this case, it is possible to involve specialists in a narrow profile.

According to the law, any types of customs examinations should not take more than 20 working days. At the expert’s request, the conduct may be suspended if there is a need to use additional equipment to obtain reliable information.

The applicant of the declaration has the full right to be present at the time of taking all samples of his goods, if he does not agree with the results of the examination, he may require a second examination.

The following main types of customs examinations are distinguished:

1. Identification: determines what is transported across the border.
2. Commodity research: determines the affiliation of products to a specific group.
3. Material science: allows you to learn about the composition of the product and its safety for human health.

If there is any doubt about the origin of the goods, a criminal examination may be ordered.

The following types of customs examinations can also be distinguished:

• Primary It is carried out to study imported objects.
• Re. It can be carried out at the initiative of the declarant, if he does not agree with the conclusion of the expert commission.
• Additional. It is carried out at the discovery of new circumstances.

The main types of customs examinations can be carried out single-handedly (that is, by one expert), on a commission basis (if a group of experts is appointed), and comprehensively (in this case several specialists from different areas work at once).

After the study, all goods and samples are returned to the owner.

Forensic psychological examination

In judicial practice, there are cases when only the knowledge of the investigator is not enough, and there is a need for specialists in the field of psychology. Most often they resort to their services and help when they need to assess the mental state of victims, accused, witnesses. To conduct such studies, various types of forensic psychological examination are prescribed.

There are several varieties of them, and all of them can be characterized by the following criteria:

1. By the number of experts: individual and commission.
2. Purpose: main examination or additional.
3. Multiplicity of conduct: primary and repeated.
4. The venue.
5. Subject of study.
6. The position of the person in respect of whom the examination will be carried out.

If we talk about the latter criteria, the types of forensic psychological examination may also include:

• Examination of the victim.
• Interrogation of the suspect.
• Examination of the witness.
• Examination of the accused.
• Examination of the defendant.

Depending on the goals, the following types of psychological examination can be distinguished:

1. The study of personality-psychological qualities of personality.
2. Investigation of the emotional state at the time the crime was committed.
3. The study of the qualities of a person under 18 years of age for the subject of awareness of the committed actions.
4. Studying the question of how much victims or witnesses can correctly perceive the situation and give true testimonies.
5. Did the rape victim understand what happened to her, and was she resisted?
6. A study of the mental state of people who attempted suicide.

All of the above only proves the fact that such an examination should be carried out exclusively by top-class specialists who have considerable experience in such matters.

Types of forensic examinations

Currently, most criminal investigations are conducted using various types of evidence that are obtained by forensic methods and means. Types of examinations can be classified in the same way as all other varieties, that is, take into account the timing, number of experts, subject of study and sequence.

Forensic forensics has been divided into:

• Examination of documents.
• Forensic ballistic.
• Trasological.
• Examination on the lines of appearance.

Over time, as practical skills and methods accumulated, the classification was supplemented and widened.

Now, the main types of document examinations are carried out in the following areas:

• Handwriting examination.
• Technical and forensic examination of documents.

Trasological supplemented with the following types:

• Examination of traces of arms, legs and shoes.

• Trasological examination of teeth, lips and nails.
• Mechanoscopic examination (examines traces of tools and tools).
• Examination of signaling devices.
• Transport and trasological examination.
• Weapon research.

All types of forensic examinations continue to develop taking into account the progress of science, the emergence of new research methods. Science does not stand still, and new technologies are constantly emerging that are also being introduced into judicial practice. It cannot be ruled out that after some time new types of forensic examinations may appear.

Commodity Expertise

This is a study aimed at studying the quality, origin, composition, safety of the subject of examination. The object is: consumer goods, raw materials and equipment.

Most often, such a procedure is resorted to in the trading industry, industry, and design. The following types of commodity examination can be distinguished:

1. Customs
2. Consumer.
3. Trial.

If we talk about the types of expertise non-food items, then the following types can be distinguished:

• Check for defects and identify their origin.
• Examination of a reduction in quality due to damage.
• Clarification of labeling and content.
• Examination revealing violations of the rules of packaging, transportation, storage of goods.
• Clarification of the influence of some factors on product quality.
• Examination of the origin of the goods and its purpose.

Commodity expertise solves the following tasks:

1. Establishment of product compliance with standards.
2. Identification of various damages that may reduce the quality of the goods.
3. Identification of compliance of markings with actual product quality.
4. The assignment of goods and their components to one group, type or brand.
5. Establishment of conformity of product properties to those indicators that are indicated in the accompanying documents.
6. Verification of compliance of packaging or containers with regulatory requirements.
7. Verification of compliance with the conditions of product transportation.
8. Establishing the influence of various factors on product quality.
9. Checking the conformity of acceptance and testing of products in accordance with regulatory documents.

To conduct a commodity examination, the applicant must provide:

• Statement.
• A check proving the purchase of goods.
• Bank details of the trading company.
• Products subject to examination.

Medical Examination

Often during the investigation of criminal and civil cases, medical questions arise that can be answered by a medical examination. Types of it can be as follows:

1. Examination of temporary disability. It is carried out in connection with a disease received by injury, pregnancy and in other cases. In the course of it, the need to facilitate the working conditions of the employee, his transfer to another job is determined.
2. Medical and social expertise. During its conduct, the reason for the injury and their degree is established. The commission provides the necessary employment recommendations that the enterprise administration must comply with.
3. Independent medical examination. Usually carried out in the case when the citizen does not agree with the decision of the previous commission. In special cases of contention, the decision has to be challenged in court.
4. Military medical examination.

Forensic medical examination is appointed by persons who have the authority to do so. It can be: prosecutor, investigator, judge, interrogator.

Mandatory resolution is issued, which should reflect:

1. Name of the settlement where the decision is made.
2. Date of issue.
3. Who made the decision.
4. The number of the criminal case.
5. Justified basis for the appointment of an examination.
6. Types of expertise are indicated.
7. The form of the examination.
8. The institution in which the examination is expected.
9. The list of questions to be answered.
10. All materials that the experts have to work with are listed.
11. Signature of issuer.

The work of forensic institutions

Whatever types of state expertise are assigned, they can only be carried out by persons authorized for this. Most often resort to the services of expert institutions.

The head of such an institution should be able to organize work so that the main types of expertise are conducted in a high-quality and high-level manner. His responsibilities include:

1. After receiving the decision on the examination, he must check all the documents for the correctness of execution, entrust the person responsible for the production. This should be documented with timelines.
2. If defects were found during the adoption of the decision and documents for the examination, the manager must return the paper to eliminate errors in registration. If more than 30 days have passed since the notification, the institution has the right to completely refuse to conduct an examination.
3. Gather an expert group and explain to everyone the rights and obligations. Without fail, all members of the commission are warned of criminal liability for the provision of an inaccurate opinion.
4. Provide constant control over the research process, but do not forget about the principle of independence.
5. Before the final conclusion, check the completeness of all data and their reliability.
6. Take care to maintain complete confidentiality of the results.
7. Under no circumstances should you disclose the information that became known during the course of the forensic examination.