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Forensics. Introduction to the course of criminology (lecture notes)

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Topic 1. INTRODUCTION TO THE COURSE OF FORENSICALISTICS

1.1. The concept and subject of criminology

Forensic science is the science of the laws of the mechanism of a crime, the emergence of information about a crime and its participants, the collection, research, evaluation and use of evidence and special means and methods of forensic research and crime prevention based on the knowledge of these laws [1].

The subject of the science of criminology consists of two parts. The first part includes three groups of regularities:

1) regularities of the crime mechanism;

2) regularities in the emergence of information about the crime and its participants;

3) patterns of collection, research, evaluation and use of evidence.

The second part of the subject of criminology includes special tools and methods for judicial investigation of evidence and the prevention of crimes developed in criminology.

The crime mechanism is a complex dynamic system that includes a number of components. These include:

▪ the subject of the crime, his attitude to his actions, their consequences, as well as to his accomplices;

▪ subject of infringement; method of committing and concealing a crime;

▪ criminal result;

▪ the circumstances of the crime;

▪ the actions of persons who were accidentally involved in the incident, and some other components, which together form the first element of the subject of forensic science.

Being material in nature, the mechanism of crime corresponds to such a property of matter as the property of reflection. All components of the crime in case of mutual reflection and reflection in the external environment are subject to certain laws in accordance with the properties of the reflected and reflecting objects, means and conditions of reflection. In particular, there is a specificity of reflection and imprinting of the event of a crime in the mind of a person (ideal traces) and in the objects that make up the scene (material traces). Traces of the crime mechanism, collected in the manner prescribed by law, serve as sources of evidence, and the information contained in them - as evidence in a criminal case. These regularities constitute the second element of the subject of criminology.

The collection of evidence involves their detection, fixation and seizure. The study of evidence is the knowledge of the person conducting the inquiry, the investigator, the expert, the prosecutor of their content, the extraction of information relevant to the case. The assessment of evidence consists in the logical process of establishing the admissibility and relevance of evidence, their mutual verification and comparison. As a result, evidence is used in the process of proving in a criminal case. This group of regularities is the third element of the subject of criminology.

All these patterns are studied in forensic science so that it can fulfill its official function to promote the practice of combating crime. Criminalistics should supply law enforcement agencies with the means and methods of forensic investigation and crime prevention. This is the fourth element of the subject of criminology.

1.2. Forensic tasks

The general, main task of forensic science is to contribute to the fight against crime with its means and methods. The tasks of the next, lower level (special) include:

▪ study of objective patterns that make up the subject of criminology, and the development of its general methodological foundations;

▪ development of new and improvement of existing technical and forensic tools and methods for collecting, researching, evaluating and using evidence for the purpose of solving, investigating and preventing crimes;

▪ development and improvement of organizational, tactical and methodological foundations of preliminary investigation, judicial investigation and forensic examination;

▪ development and improvement of forensic tools and methods of crime prevention;

▪ study and use of foreign experience in the application and development of forensic tools and methods of working with evidence.

The third level consists of the specific tasks of the science of forensic science, through the solution of which special tasks are also realized. Specific tasks are usually of a temporary nature and can relate both to science as a whole and to its sections. Thus, one of the most important specific tasks is to improve the structure of the science of forensic science, which is already being implemented (the number of parts of forensic science has been increased to five).

1.3. Forensic system

The training course is based on the system of forensic science, although it does not completely coincide with it.

Traditionally, forensic science consisted of four parts: introduction to science, forensic techniques, forensic tactics and methods for investigating certain types and groups of crimes. At present, a five-part structure seems more justified. In accordance with this, the following sections can be distinguished in the forensic science curriculum.

Introduction to criminalistics. This section is also called the methodological foundations, or the general theory of forensic science. It contains provisions on the subject of science, its tasks, structure, development laws and place in the system of scientific knowledge. The general theory of the science of forensic science also includes particular theories, the doctrine of methods, the language of science, and systematics.

Forensic technology is a system of scientific provisions and technical means, techniques and methods developed on their basis, designed to collect, research and use evidence and other measures to detect, investigate and prevent crimes.

As a branch of the science of forensic science, forensic technology consists of separate structural units - branches. The most common view is that there are six such industries:

1) forensic photography and filming and video recording;

2) forensic trasology;

3) forensic research of weapons and traces of their use (criminalistic weapons science);

4) forensic habitoscopy;

5) forensic examination of documents (forensic documentation);

6) forensic registration. (It would be more correct, however, to include forensic registration in the section devoted to organizing the detection and investigation of crimes.)

Forensic tactics is a system of scientific provisions and recommendations developed on their basis for the most rational conduct of individual investigative and judicial actions, i.e. those procedural actions that are directly aimed at collecting and examining evidence (interrogation, investigative examination, search and seizure, etc.). [2]

Forensic issues of organizing the detection and investigation of crimes is a relatively new section of the criminology course, which includes issues that are not directly related to any of the traditional sections, such as forensic versions and investigation planning, the interaction of the investigator with employees of various police departments.

The methodology for investigating certain types and groups of crimes is a system of scientific provisions and recommendations developed on their basis for the investigation and prevention of certain types and groups of crimes. In this part of criminalistics, for example, methods for investigating robberies and robberies, thefts, murders, etc. have been developed.

1.3. Forensic system

Criminalistics uses certain provisions of other sciences, including natural and technical ones, but this in no way can call into question its legal nature.

Criminalistics has wide connections with other sciences. First of all, it is necessary to note its direct connection with philosophy, logic, and ethics.

Philosophy, materialistic dialectics underlies the methodology of forensic science, determines its doctrine of the methods of science, influences such private scientific theories as theories of identification and diagnostics.

Logic is actively used to organize forensic thinking, which necessarily includes analysis and synthesis, abstraction, generalization, deduction and induction.

The development and application of forensic tools and methods take place not only within the framework of the law, but also taking into account the ideas of a developed democratic society about morality, i.e. considering ethics.

Legal sciences and disciplines have a huge impact on criminology. The theory of state and law, as a fundamental, basic legal science, also influences forensic science, but this influence is indirect, carried out through other legal sciences.

The norms of criminal procedural law determine the forms of application of technical and forensic means and methods, the procedure for conducting individual investigative actions, and are among the sources of the methodology for investigating certain types of crimes.

The organizing influence of criminal law is clearly manifested in relation to the methodology for investigating certain types and groups of crimes. New methods for investigating certain types of crimes are usually developed in forensic science only after the introduction of articles in the Criminal Code that provide for punishment for the corresponding crimes.

Forensic science studies crime and crime in parallel with criminology; accordingly, there is a natural exchange of the results of scientific observations, information about established patterns, developed recommendations, especially in terms of crime prevention.

The relationship of forensic science with civil law and civil process has long been minimal. Today, with the growth of market relations and the increasing role of judicial regulation of economic disputes, these relationships should be strengthened and expanded. Basically, this should happen by using the capabilities of forensic examinations (trasological and some others) to resolve civil disputes.

There is no doubt that forensic science has influenced such disciplines as the theory of operational intelligence activities and special technology. Having emerged later than criminology, they borrowed many provisions of forensic tactics and techniques, transferring them to the extra-procedural sphere.

However, the trends in the development of law enforcement, the increasing role of the court in resolving issues related to the investigation of criminal cases, lead to a certain convergence of these disciplines with forensic science on the basis of obtaining evidentiary information.

A special block is made up of forensic disciplines, the relationship of which with forensic science is undeniable. Forensic medicine took shape as a science earlier than forensic science, and forensic doctors have made a huge contribution to the development of the latter.

The provisions of forensic psychology are used in forensic tactics, and forensic psychiatry and forensic accounting provide certain materials to forensic science in assessing the behavior of defendants in a criminal case and data on documentary analysis of criminal activity in the economic sphere.

Until recently, the correlation of forensic science with traditional forensic disciplines was controversial. According to some authors, examinations carried out using special knowledge, tools and methods inherent in these chemistry, physics, biology should be classified as forensic (the so-called forensic examinations of materials, substances and products, or KEMVI: soil science, examinations of petroleum products and fuels and lubricants, metals and alloys, drugs, paints, glass and ceramics, etc.).

However, in their production, special knowledge is used not in the field of forensic science, but in chemistry, physics, biology and other sciences. Therefore, studies of materials, substances and products are among the non-criminalistic forensic examinations (along with forensic medical, forensic psychiatric, forensic accounting, forensic autotechnical, forensic construction and other examinations). Now they are usually called forensic examinations of substances, materials and products.

1.5. Forensic methods

Forensic methods comprise a system of three levels. [3]

The basic level is the universal method of forensic science - materialistic dialectics. The dialectical method adequately expresses the most general and essential connections and relations of objective reality. Recognition of the material nature of the world, its existence apart from the human mind, in combination with the only universal universal method of cognition, makes it possible to objectively perceive and analyze facts related to the investigation, disclosure and prevention of crimes.

The basis nature of materialistic dialectics is determined by the fact that it serves as the basis for the development of all other methods used in forensic science.

The second level consists of general (general scientific) methods of forensic science - observation, measurement, description, comparison, experiment, modeling, mathematical-cybernetic and heuristic methods.

Observation is a deliberate, planned, purposeful perception in order to study an object or phenomenon. Obviously, the subject of observation can be not only a forensic scientist, but also a law enforcement officer - an investigator, a forensic expert, a criminal investigation officer, a prosecutor, a judge.

Measurement is an expression of the properties of objects in quantitative characteristics. It occurs by comparing these properties with reference values ​​(using a tape measure, weights, etc.).

Description is sometimes defined as an indication of the characteristics of an object. It seems that the description can be understood and somewhat broader - as a fixation with the help of sign systems of information obtained as a result of observation and measurement. The form of description will be not only the preparation of a protocol of an investigative action or an expert's opinion, but also the drawing up of drawings, plans and diagrams, entering the received materials into the computer's memory, and even photographing and video recording.

Comparison consists in the simultaneous correlative study and evaluation of two or more objects. Methods of research can be comparison, combination and overlay (application).

An experiment is an experimental reproduction of phenomena, processes under given or changing conditions and in connection with other phenomena.

Simulation allows you to get specially created copies of material objects, when it is necessary for the purposes of the investigation.

Mathematical-cybernetic research methods are being actively introduced into forensic science. The increased volume of information requires appropriate forms of its collection, storage and use, which is impossible without the use of computers. The same circumstance does not allow simple methods of formal logic to reveal new patterns, but requires the use of mathematical logic.

In addition, at present, mathematical methods are being actively introduced in forensic practice, for example, in forensic accounting.

Heuristic methods have been included in the number of general scientific methods of forensic science in recent times. Heuristics is a science that studies productive creative thinking, and heuristic methods are methods used to discover new things.

The above sequence in listing the general research methods in forensics largely corresponds to the sequence of their application in scientific developments and specific forensic practice.

The third level is special forensic methods. According to the areas of application, they are divided into technical-forensic and structural-forensic. The methods of each of these groups are divided by their nature into their own and borrowed from other sciences.

Technical and forensic methods borrowed from other sciences include, for example, most of the methods of forensic photography, electrolytic methods for restoring disappeared (or destroyed) signs on metal objects. Actually technical and forensic methods are methods of identification by material traces, identification and fixation of weakly visible or invisible traces, methods for establishing the characteristics of a shot from the traces of the main and additional factors of a shot, etc.

Structural forensic methods borrowed from other sciences include, in particular, methods of applied psychology, planning and scientific organization of labor, etc. Actually forensic structural methods are, for example, methods for putting forward forensic versions, methods for identifying by ideal traces.

1.6. The concept and scientific basis of forensic identification

Forensic identification should be considered in three aspects: as a private scientific forensic theory, as a research process and as a certain practical result.

Forensic identification as a particular scientific forensic theory is the doctrine of the general patterns of establishing the identity of materially defined objects to themselves in different periods of time, developed and used in order to obtain forensic evidence.

Forensic identification as a study is a process of cognition that allows you to establish the presence or absence of an object's identity to itself according to certain reflections in the outside world, i.e. establish a single object related to the crime.

Forensic identification as a goal or result is the establishment of the fact of the presence or absence of identity, which is evidence in a criminal case.

The scientific foundations of the theory of identification include the following provisions.

1. All objects of the material world are individual, i.e. identical only to themselves.

The individuality of each object is determined by a set of properties inherent only to this object. Separate properties can and should be found in other objects, but in the aggregate, as a complex, they characterize only a given object. Accordingly, each object has an identification set of features. And this complex, and not separate, even numerous, signs serve as the basis for the conclusion about the presence or absence of identity.

2. All objects of the material world are relatively stable and at the same time changeable.

In the complex of properties inherent in an object at specific moments of its existence, constant changes occur - some properties are preserved, others change somewhat, others disappear, but new ones appear instead. The identification complex of features displays a set of properties inherent in the object at the moment.

Changing an object during its existence leads to the fact that the complex of properties changes; a moment comes when quantitative changes turn into qualitative ones and a new set of properties practically appears. However, during the period until a qualitative leap has occurred, it is possible to identify an object by its display. This period is called the identification period of this object. Naturally, the identification period for different objects has different lengths. [4]

3. All objects in the process of their existence are in constant interaction, contact with other objects.

As a result of interaction, contact, the complex of properties of one object is displayed, turns into an identification complex of features in a trace on another object.

1.7. Objects of forensic identification. Their properties and signs

Since the emergence of the scientific theory of forensic identification, objects with clearly defined spatial boundaries have become the main, traditional objects of identification research. With the development of theory and practical identification, objects with conditional boundaries in space were added to them, such as terrain, volumes of liquid and bulk substances limited by the walls of containers, as well as sets (complexes) of homogeneous (notebooks, books, decks of cards) and heterogeneous (pistol and holster, knife and scabbard) objects.

The modern approach to the question of the range of objects in relation to which identification is possible is that any object that has a set of properties on the basis of which it can be distinguished from the surrounding material world is capable, under certain conditions, of becoming an object of forensic identification. Thus, the volume of grain poured into a particular barn can be considered as a single object if it is possible to establish the type of grain, the characteristic features of this batch, the presence of weed residues and field soil in the grain, microparticles from machines and equipment for collecting and processing grain, current coverage, materials of the floor, walls and ceiling of the granary, as well as microfauna and microflora of the storage. With such a rather in-depth approach to establishing a set of properties, and according to it, an identification complex of features, we can identify (in the form of establishing a whole by its part) grain in a bag found by a thief, with grain poured into this barn.

Another classification of identification objects is based on the role of an object in the process of trace formation.

All objects are divided primarily into identifiable (identified) and identifying (identifying). In turn, identified objects are divided into searched and verified, and identifying objects are divided into investigated (also called traces, or objects of unknown origin) and samples for comparison (objects of known origin).

It is necessary to distinguish between such concepts as "property" and "attribute" of material objects. Both of these concepts are combined into the "property-attribute" system. Every material object has certain properties. These properties characterize individual aspects of a thing and are revealed in interaction with other things. At the same time, the properties of things exist objectively, regardless of whether they are revealed at the moment in interaction with other things or not.

When a thing interacts with other things, its properties are expressed in signs. A sign is a manifestation of a property. In the "property-attribute" system, the property acts as an entity, and the attribute - as a phenomenon.

An example of the relationship between a property and a feature can be the structure of the bottom of the heel and its display in the footprint. So, a dent in a heel will be a property of this heel, and hence shoes. In the trail, in the ground, this dent will appear as a hemispherical bulge, which will be a sign of shoes.

Consider the classification of signs in forensic science.

Depending on the extent of coverage of the properties of the object displayed in the trace, signs can be general and particular. So, the length of the sole of the shoe will be a common feature, and the length of the outsole and heel will be private.

Signs, depending on their significance for an individual complex of signs, can be group and individualizing. The group feature will be the shape of the sock, which is displayed in the footprint and is characteristic of all shoes of this model. An individualizing sign will be the display in the trace of a partially worn heel shoe.

Depending on which aspects of the identified object are characterized by signs, they are divided into signs of external and internal structure. Signs of the external structure will display the size, shape, surface structure of the object. Signs of the internal structure can be, for example, the recognized features of surfaces along the line of separation of objects.

Depending on the origin of signs, they are divided into necessary and random. A necessary sign of the bottom of the shoe in the footprint will be the shape of the front edge (cut) of the heel, the presence of a significant chipping of the heel in the display will be a random sign.

1.8. Forms and types of forensic identification

There are two forms of forensic identification: non-procedural and procedural.

From the moment the fact of a crime is established, employees of the operational search apparatus conduct a targeted search for the criminal, witnesses, victims, as well as any factual data that is important for solving crimes. During such actions, criminal investigation officers identify wanted persons by their photographs, subjective portraits or descriptions, which is essentially identification. In a number of cases, the use of forensic records during the search also has the nature of identification research. As a result of all these actions, only official documents are drawn up - certificates, reports, etc., which do not act as sources of evidence from the point of view of the criminal process. This form of identification is non-procedural.

The procedural form of identification studies is used much more widely. Two varieties can be distinguished. So, the investigator, presenting a person or an object for identification to a witness, victim, suspect or accused, essentially identifies this or that object imprinted in the memory of the identifying person with the object presented for identification. Another kind of procedural form of identification is the conduct of identification examinations.

Types of forensic identification are currently classified according to the nature of the results obtained, the properties (signs) of the identified objects, and also by the nature of the identified objects.

According to the nature of the results obtained, identification can be divided into complete, with the establishment of a single object, and incomplete, when it is possible to establish only the belonging of an object to a certain group, i.e. his group affiliation.

According to the properties (signs) of identifiable objects, forensic identification is divided into identification:

1) according to the signs of the external structure;

2) functional-dynamic complexes organically inherent in the identified object;

3) the structure and composition of the object.

Identification of objects by features that characterize their external structure is possible in cases where the external structure of the identified object has a cognizable individual complex, the components of which are the dimensions, shape, and nature of the surface (relief and microrelief). This type of identification includes the identification of a person by the features of his appearance, the relief of the skin of his hands, and the planer or chisels - by the structural features of the cutting edge.

Identification by functional-motor complexes is determined by the fact that not only the object itself as a whole can have individuality, but also how its parts interact. Such functional-motor complexes include handwriting, human gait, features of the sewing machine, etc.

Identification by the structure or composition of objects is a relatively new type of identification. Here it is necessary to take into account two groups of objects: total whole (a pistol and a holster, sheets of one notebook, cigarettes from one pack) and amorphous objects (loose and liquid). The production, creation, coexistence and simultaneous impact on the entire object of various external factors gives such objects a set of properties that allows for identification.

By the nature of the identifying object, the same cases of identification can be divided into five other groups:

1) by material-fixed mappings;

2) parts of the whole;

3) mental image;

4) description of features;

5) odor traces.

The identification of objects by their material-fixed representations is used when the external structure of the identified object is displayed in the identifying object. This is identification based on the traces of hands, feet, teeth of a person, hacking tools, on photographs that contain information about the desired object recorded in material form.

When identifying the whole in parts, the edges of the separation line of these parts, the surfaces of the separation planes and the internal structure of the divided parts have the features that make up the identification complex.

Identification of objects by a mental image is based on the fact that the object of identification can be imprinted not only in the trace, but also in the perception of a person, in his memory. This form of display allows you to identify the object, for example, in the case of presentation for identification.

Identification of objects by description of their characteristics is as follows. Numerous information in a criminal case is recorded and stored in the form of verbal descriptions. This is the oldest, traditional form of recording information in a criminal case. Among these descriptions there are also those that display complexes of identification characteristics of specific objects. This allows, in some cases, to use the description as the basis for identification. However, it is necessary to take into account that there is a large element of subjectivity in the descriptions. Both the presentation of a complex of characteristics of an object by a witness and the perception of this story by a police officer are subjective. Therefore, identification by description is most often carried out in a non-procedural form (for example, identifying a person based on search leads).

Identification of objects by their scent traces is a non-procedural form. This type of identification consists of detecting objects and people who were at the scene of the incident using scent trails using a search dog.

1.9. The concept of forensic diagnostics

Despite the importance of forensic identification, as a result of an identification study, a number of the most important evidentiary facts in criminal cases cannot be established. In other words, the results of some studies are not of an identification nature. At one time, the term "non-identification research" was common in the forensic literature. However, a better name, "diagnostic studies", was later introduced into the forensic lexicon and became widespread.

Diagnostic studies are carried out in all branches of forensic technology and in each industry have certain specific features. However, there are issues common to all diagnostic studies. They relate to the definition of the event side of the crime. Diagnostic questions include the following:

1) whether there are traces (of a person, a tool, a vehicle, an animal) on this object;

2) what is the mechanism of formation of these traces;

3) to which group (genus, species) the object that left the trace belongs;

4) whether these traces are suitable for identifying the trace-forming object on them.

The method of diagnostic research consists of almost the same stages as the method of identification research - preparatory, analytical, synthesizing and fixing the results of the study.

Authors: Vasilievich A.V., Georgievich F.A.

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>> Forward: Forensic technology (The concept and system of forensic technology. Trends in the development of forensic technology. The concept and system of forensic photography, filming and video recording. Identification photography, its purpose and rules of conduct. Methods of measuring photography. Video recording as a means of recording the progress and results of investigative actions. The concept and system of forensic traceology . Traceology system. Classification of material traces. Types of hand traces. Methods for identifying and fixing them. Types of human teeth marks. Methods for their fixation and rules for sending them for examination. Types of human footprints. Methods for fixing them and rules for sending them for examination. Traces of burglary tools and tools (mechanoscopy). Classification of traces of vehicles. Concept and system of forensic weapons. Mechanism of formation of traces of weapons on cartridges. Mechanism of formation of traces of weapons on a bullet. Mechanism of formation of gunshot injuries. Concept and classification of edged weapons. Concept and system of forensic examination of documents. The concept of signs of written speech, their system and forensic significance. The concept of handwriting features, their system and forensic significance. Rules for submitting materials for handwriting examination. Types of document forgery. Techniques and means of detecting signs of counterfeiting. Study of typewritten texts and texts made using printing devices. Forensic habitoscopy. The concept and system of elements and signs of a person’s external appearance. Methods for making subjective portraits. Rules for submitting materials for forensic portrait examination. Forensic research of photographic portraits. The concept of micro-objects, their classification. Forensic odology)

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