Nowadays, due to the emergence of new opportunities due to the achievements of scientific and technological progress, the activity of experts has become incredibly popular and is applied much more efficiently than, say, in Soviet times. The methods of investigating crimes are becoming more diverse. However, the examination is not only now, but has always been an essential component of the successful disclosure of criminal cases. This is perhaps the most effective form of exposure of violators. In addition, for example, a forensic psychological examination can save a person from imprisonment if it establishes the fact of insanity. But in this case, he will be forcibly sent to inpatient treatment at the appropriate institution. Or, let’s say, an examination of an accident will establish the guilt or innocence of the driver.
This type of activity enables investigating authorities to use scientific knowledge in almost any industry, which, of course, greatly simplifies and speeds up the process of finding criminals and holding them accountable.
The use of special knowledge in criminal proceedings is not limited to examinations alone. Do not forget that there are also a number of other ways to apply them in this area (for example, obtaining professional advice, as well as requesting certificates and other necessary documents from any organizations or certain individuals; participating in the case of specialists; carrying out audit activities).
The concept of forensics. Expert Requirements
To understand what this area is, we turn to terminology and law. A forensic examination is a criminal procedure action, the tasks of which include conducting research activities and providing an opinion on a number of issues submitted by persons requesting an examination. The need for this is due to the fact that the employees of the investigating authorities do not possess (or are not entitled to use due to their procedural situation) the necessary knowledge for a competent and reliable determination of the nature of any events or facts. To establish them, only superficial perception during the investigation or inquiry is not enough. Therefore, in the process of developing criminal law and criminalistics, a special research institute was developed.
According to the Code of Criminal Procedure (Article 196), a forensic examination of the Russian Federation can be carried out at the discretion of the investigator, however, there are a number of circumstances when it is impossible to do without conducting appropriate measures. In particular, this applies to installation causes of death determining the nature and degree of harm to health, mental state of the person (suspect, accused, victim), establishing the age of participants in the process, if necessary.
An examination can also be appointed, for example, to establish the time of puberty, to determine the value of stolen things, to analyze the traces left at the crime scene, to check the composition of various substances, to establish the DNA of a corpse, and much more.
The expert must meet the following requirements:
- Impartially relate to the object of research and to the persons participating in the case.
- Be competent in your professional field.
The CPC does not specify more specific criteria for the selection and appointment of an expert.In practice, of particular importance is the presence of a person with a narrow specialty in a certain field and the passage of preliminary training (for example, for conducting a forensic examination of a certain type or conducting a forensic medical examination by a specialist in a particular branch of medicine).
With regard to impartiality, it means that the expert cannot carry out his activities if he is in a relationship with any of the participants in the criminal process or is himself. Also, in accordance with Article 70 of the Code of Criminal Procedure, he is forbidden to carry out research activities if he has already acted in the case as one or another participant. However, if this person has already conducted an examination or participated as a specialist, then this cannot be the basis for his removal. It should also be noted that the list of prohibitions specified in the Code of Criminal Procedure of the Russian Federation is not exhaustive.
The legislation provides for two options for choosing a specialist. According to part 2 of Article 195 of the Code of Criminal Procedure of the Russian Federation, forensic investigations can be carried out both by employees of state expert institutions (for example, a forensic examination bureau) and by individuals with the necessary knowledge in the relevant professional field.
Classification of forensics
To get a clearer picture of all types of forensic research will help to correctly divide them into classes and groups. The types of expertise in the criminal process are very numerous and diverse. In the theory of forensics, there are a number of criteria by which it is possible to classify all currently available studies in the mentioned area. For the first reason, let’s take, for example, the nature of the specialization that may be needed in criminal investigations.
1. Forensic examinations
We can say that this is the most extensive and most significant group of studies. It includes examinations based on the provisions of the forensic technology. In turn, this group includes a forensic traological examination, the tasks of which include analyzing traces (arms, legs, vehicles, etc.), as well as determining the mechanism of their formation.
This also includes the establishment of the whole subject in its parts; the study of locks, seals and the like; study of handwritten texts (handwriting examination). As a result of the research, he will be able to get answers to many questions. For example: whether the traces found at the scene are traces of shoes; if so, what is their type and size; what are the physical characteristics of the person who left the evidence.
Forensic ballistic examination
It is necessary for the successful disclosure of crimes related to murders, robbery and other similar acts. This forensic examination involves the study of a "firearm", its cartridges, cartridges, as well as the holes left by the shot. Ballistic examination will help to clarify a number of the most important circumstances of the case. For example: what kind of weapon is it, where and how is it produced; whether the bullet found at the scene of the crime belongs to this crime instrument; whether the cartridge found during the inspection of the scene of events is identical to that which was seized from the suspect during the search.
Cold Steel Expertise
Some types of research in criminal proceedings are aimed at studying edged weapons. Together with ballistic expertise, they constitute a single class of the forensic weapons group. Studying edged weapons will help to determine whether it is a found item, and if so, what type it belongs to; What is the method of its manufacture, etc.
Forensic handwriting examination
Also plays an important role in the investigation of crimes. Forensic examination of handwriting involves the study of the details and features of a letter of a person and is one of the most popular and popular areas in criminal procedure. Thanks to him, investigators, interrogators and the court always have the opportunity to determine by handwriting who his author is, what gender and age he is, how long the record has been made, what are his character traits and much more.
Forensic examination of documents
Another type of forensic research. An examination of the documentation allows you to learn how to fake documents, restore their content, if possible (with partial falsification), determine the authenticity of the papers.
Due to the fact that falsification of documents quite closely associated with a deliberate change in handwriting (for example, signature falsification official, head or chief accountant of the organization), then put the forensic technical examination of documents on a par with handwriting and combine the common name - forensic examination of documents.
Forensic portrait and forensic phototechnical examination
Quite a small group of studies. On the one hand, these are not very common types of examinations in criminal proceedings, but on the other hand, they are interesting enough for study and useful for successful search activities. The first of these involves the identification of a person by external signs displayed on photographs and videos; face can also be identified by a death mask. The second allows you to determine the circumstances of the shooting, as well as the methods and means of its commission, to analyze the objects depicted in the pictures, to identify their sizes, given the distance between them and the photographing person, etc.
2. Material science expertise
They are a heterogeneous group of forensic research. Types of examinations in the criminal process included in the class of materials science include studies of various types of materials, narcotic substances, petroleum products, etc. Let us dwell on some of them.
Examination of fibers, fibrous materials and products from them
First of all, this type of forensic research helps to determine the affiliation of tissue particles found at the event site, to establish the method of its manufacture (industrial, artisanal), as well as completeness (jacket belt). Thanks to the laboratory study of tissues and their particles, you can find out the causes and nature of the damage, restore the original appearance of the product.
Consider this situation: criminals broke into the apartment and committed a robbery. Between them and the owners of the home a struggle ensued. In the general turmoil, one of the criminals caught his sleeve on the door handle with his sweater sleeve. As a result, part of the material came off the clothes and fell to the floor. The criminals fled, but left behind evidence. Based on the results of a material science examination, it will be established that the piece of fabric found during the examination of the scene belonged to a man dressed in a woolen sweater of industrial production, the color is gray. Then at detention of a suspect or during a search of his apartment, appropriate clothing will be found, which in the end will serve as good evidence against him.
Research of fuels and lubricants and petroleum products
This type of activity is also a type of chemical research. The study of these materials is necessary, for example, to establish the fact of arson. This is achieved due to the discovery by the expert of traces of flammable substances at the objects of study. The specialist establishes the grade of the petroleum product or fuels and lubricants, identifies them, and also determines the affiliation of the tracks, for example, to any vehicle or firearm, etc.d.
Examination of paints and coatings
This procedure may be necessary if there are painted surfaces or paint particles in the file. The specialist determines the chemical composition of the found objects and determines their structure and belonging.
Drug research
Quite often, in practice, the investigating authorities have to deal with crimes in which various prohibited substances are material evidence. The primary task for the expert is to draw up a conclusion with answers to the following series of questions:
- Are traces of narcotic drugs present on certain objects of inorganic origin.
- What type are the narcotic substances found at the scene.
- What are the sources of this substance and much more.
Material science research can also include the examination of food products, materials from plastic, glass, etc.
This group of examinations is so diverse that it is simply pointless to list all its types, and in order to make an approximate idea of the nature of the research data, the information presented in this article will be enough.
We move on to the next class of forensic research.
3. Forensic medical examinations
Perhaps the most significant place among all types of research in the criminal process is occupied by them.
This group includes the following examples of examinations:
- forensic medical examination of people - is carried out to determine the general state of health of a person, confirm death, determine the degree of harm to health, establish alcohol or drug intoxication, etc .;
- forensic medical examination of material evidence - a specialist checks the presence and determines the method of occurrence of traces of blood, saliva and other human secretions on objects found at the scene of the incident, establishes their identification and belonging to a particular person;
- forensic examination of corpses - establishes the cause and time of death of a person and determines the circumstances in which it occurred;
- forensic psychological examination - is carried out with the aim of analyzing the mental state of a person, determining sanity and establishing his legal capacity to determine the need for coercive measures of a medical nature.
4. Forensic economic examinations
Their task is to assist investigative and judicial authorities in solving crimes in the economic sphere (illegal business, falsification of financial documents, illegal banking, money laundering, etc. (Chapter 22 of the Criminal Code of the Russian Federation)). They include forensic accounting and forensic expertise.
There are also independent types of forensic research. These include: forensic soil, forensic video-phonographic, traffic accident examination. Due to the high prevalence of traffic accidents, it is often necessary to resort to the services of experts specializing in the field of automotive mechanics and other areas related to motor vehicles.
This type of research is aimed at studying the actual data on the situation that has arisen, assessing the technical condition of the vehicle, conducting an analysis of the driver’s actions, determining the speed of movement, and much more. But the main task of the examination is to identify the culprit of the traffic accident.
The second basis for the classification of forensic research will be the criterion of frequency. Accordingly, they are divided into primary and secondary.Repeated examination may be required if the investigator has doubts about the reliability and validity of the conclusion of the initial study (for example, doubts about the competence of a specialist, his methods, the use of certain equipment). This examination cannot be carried out by the same person or organization.
In accordance with the following criterion - in terms of volume - forensic examinations can be divided into basic and additional. Unlike the second one, the additional one is not carried out to verify the reliability of the study, but to pose new questions to the expert, as well as if it became necessary to transfer new materials to the study.
By the number of specialists, forensic examinations are divided into single-person (conducted by one person) and commission (conducted by several persons specializing in the same industry, and are appointed in special cases requiring a more objective and comprehensive study).
Also, forensic examinations are divided into:
- homogeneous (specialists from one industry participate);
- comprehensive: conducted by experts of various specialties or one specialist with the necessary knowledge in various industries (most often, studies of this kind are used in the investigation of traffic accidents).
Request for Appointment of Examination
The most important is the correct execution of the necessary documentation, as well as compliance with all procedural formalities. Various types of examinations in criminal proceedings are appointed at the request of its participants or the court. According to the law, both investigation authorities and private individuals have the right to petition for their conduct. The court also has a similar initiative (Article 283 of the Code of Criminal Procedure).
If the appointment of a forensic examination has already been approved, the court invites the parties to prepare a list of questions for the expert. Then the opinions of the participants in the proceedings are heard, after which the court considers the list of issues and rejects those that do not meet the requirements of the law. The court formulates the rejected questions anew and independently.
If the case is pending with the investigator or interrogating officer, the corresponding application should be submitted to the indicated officials. The victim, the accused, the defense counsel, the suspect, the representative of the victim have the right to file a formal request.
Consider the example of filing a petition when applying to court.
Firstly, the document must indicate which criminal case (under which article) and with respect to whom it is being conducted. Then, the rationale for the appointment of the examination (why is it necessary) should be presented and confirmed with appropriate arguments. Now, referring to Articles 119, 120, 283 of the Code of Criminal Procedure, we formulate the petitioning part: we clearly state which examination we are asking to appoint and with respect to which person. We indicate a specific expert or, for example, the Bureau of forensic examinations. Next, we present a list of questions to the specialist and sign the document.
Now we’ll look at an example of how to make a request for an expert examination when applying to the investigating authorities.
We also indicate under which article and with respect to which person a criminal case is being conducted. Next, we give the appropriate justification (why did we need an expert opinion) and formulate the petitioner part, where we indicate the list of questions for the expert. It is necessary to consolidate your position with relevant standards. To do this, be sure to refer to Articles 119, 120 of the Code of Criminal Procedure.
In all cases, we do not forget to correctly format the “heading” of the document: the name of the court (or the name of the investigating authority), the applicant’s personal data and his procedural status in this criminal case.
