Topic 3. FORENSIC TACTICS

3.1. The concept and content of forensic tactics

Forensic tactics (the third section of the science of criminology) is a system of scientific provisions and recommendations developed on their basis for conducting individual investigative and judicial actions.

This definition is not generally accepted. Many authors include in the content of forensic tactics other issues that are not directly related to the conduct of investigative actions, such as the organization and planning of preliminary and judicial investigations, the investigative actions of the investigator, the interaction of the investigator with operational investigative apparatus, the use of specialist assistance, etc.

Forensic tactics as a branch of forensic science consists of two parts.

1. General Provisions. Here the concept, essence and content of forensic tactics and the subsections that make up this section of science are outlined; sources of forensic tactics; its connection with other parts of forensic science, as well as the basic concepts used in forensic tactics (tactical-forensic technique and recommendation, tactical and operational-tactical combination).

2. The tactics of individual investigative actions (investigative examination, interrogation, search, etc.). This is the main part of forensic tactics.

Forensic tactics does not consider all procedural actions, but only investigative ones, i.e. those that are directly aimed at collecting and examining evidence. Procedural actions, for example, bringing charges or choosing a measure of restraint, are studied only by the science of the criminal process.

The main sources of forensic tactics are:

▪ norms of criminal procedure legislation regulating the general procedure for investigation and trial in criminal cases, as well as the conduct of individual investigative and judicial actions;

▪ advanced experience in solving and investigating crimes - the most important source of forensic tactics;

▪ provisions of other sections of the science of criminology (general theory, forensic technology, the section studying forensic issues of organizing the detection and investigation of crimes, forensic methodology);

▪ provisions of other sciences, primarily the science of criminal procedure.

The science of the criminal process, exploring the legal relations that arise in criminal proceedings, develops, in particular, procedures for conducting preliminary and judicial investigations. At the same time, the conclusions and recommendations of forensic tactics are taken into account. Forensic tactics, for its part, taking into account the provisions of the science of the criminal process, develops techniques that ensure the maximum efficiency of certain investigative and judicial actions, the work of the investigator in collecting, researching and evaluating evidence.

There are also scientifically substantiated connections between forensic tactics and forensic psychology, logic, criminal law, forensic medicine, forensic psychiatry, and the theory of operational investigative activity. The provisions of all these and a number of other sciences are used in the development of techniques and recommendations related to the conduct of individual investigative actions, tactical and operational-tactical combinations.

3.2. Tactical and forensic techniques and recommendations. Tactical and operational-tactical combinations

Forensic technique is the most rational and effective way of action or the most appropriate line of conduct in collecting, researching, evaluating and using evidence and preventing crimes. [6]

Tactical and forensic techniques are techniques for preparing and conducting individual investigative actions.

A tactical and forensic recommendation is a scientifically based and practice-tested advice regarding the choice and application of tactics.

In criminology, a number of requirements for tactics have been formulated. These include:

▪ admissibility, i.e. legality of admission from the point of view of current legislation and moral and ethical standards;

▪ scientific validity;

▪ expediency, i.e. dependence of a tactical technique on a specific investigative situation, conditionality of a specific goal;

▪ effectiveness (this means that the technique can be recommended and used only if there is confidence that the desired effect will be obtained as a result of its use);

▪ efficiency (in other words, the technique should ensure achievement of the goal with minimal expenditure of effort and money);

▪ simplicity and accessibility (the implementation of this tactical technique should be accessible to an ordinary employee who has standard technical and forensic tools).

All of these requirements can in no way contradict each other. It is sometimes difficult to follow this principle. Sometimes, for example, it is difficult to draw a clear line between expedient investigative cunning and unacceptable deception of the person being interrogated, between an expedient search of a person who is not directly involved in the crime, and an unacceptable violation of his rights. Here the issues of law and morality are closely connected, and the investigator is required not only to have high professional skills, but also the ability to approach professional issues from the standpoint of morality.

In recent years, new concepts have appeared in forensic tactics - in particular, the concepts of tactical and operational-tactical combinations (or operations). Tactical combinations are combinations of certain investigative actions carried out in order to solve a specific intermediate task of the investigation (for example, detaining a criminal or a group of criminals, detecting property acquired by criminal means, etc.). So, in cases of bribery, tactical combinations are often carried out, consisting of the simultaneous detention of a person or several persons suspected of this crime, personal searches, seizure of bribes, searches in places of permanent or temporary residence of detainees. These investigative actions are carried out according to a single plan by a group of investigators and operatives and make it possible to obtain maximum evidence and expose criminals.

Operational-tactical combinations are combinations of investigative actions and ORM carried out with the same goals. During their conduct, there is extensive interaction between investigators and employees of the criminal investigation department, as well as other police services. For example, the detention of criminals may be preceded by surveillance of them by the criminal investigation forces, or other operational measures.

General rules for the production of investigative actions. According to Art. 164 of the Code of Criminal Procedure, examination of the corpse, exhumation, examination, search and seizure are carried out on the basis of an investigator's decision.

Inspection of the dwelling in the absence of the consent of the persons living in it, search and seizure in the dwelling, personal search (except for cases when a person is detained or taken into custody, and also if there are sufficient grounds to believe that a person who is in the premises in which search, conceals objects or documents that may be relevant to the case), seizure of objects and documents containing information on deposits and accounts in banks and other credit organizations, arrest and seizure of correspondence in communication institutions, seizure of property, as well as control and recording of telephone and other conversations are carried out on the basis of a court decision.

According to Art. 165 of the Code of Criminal Procedure, if it is necessary to obtain permission to conduct an investigative action in a judicial proceeding, the investigator, with the consent of the prosecutor, initiates an appropriate petition before the court, about which he makes a decision. This petition is considered by a single judge no later than 24 hours from the moment of receipt.

In exceptional cases, when the inspection of a dwelling, search and seizure in a dwelling, as well as a personal search cannot be delayed, these investigative actions may be carried out on the basis of an investigator's decision without obtaining a court decision. In this case, the investigator, within 24 hours from the moment of the beginning of the investigative action, notifies the judge and the prosecutor about its production. The notification shall be accompanied by copies of the resolution on the conduct of the investigative action and the relevant protocol. The judge, within 24 hours, checks the legality of the investigative action and issues a decision on its legality or illegality. If the judge recognizes the investigative action performed as unlawful, all the evidence obtained in the course of it is recognized as inadmissible, i.e. without legal force.

Conducting investigative actions at night is not allowed, except in cases that brook no delay.

In the course of investigative actions, the use of violence, threats and other illegal measures, as well as the creation of a danger to the life and health of persons participating in them, is unacceptable.

The investigator has the right to invite a victim, witness, suspect, accused, specialist, expert, translator, or employee of the body carrying out operational investigative activities to participate in the investigative action. All of them are explained their rights, responsibilities and the procedure for carrying out the relevant investigative action. The victim, witness, specialist, expert and translator, in addition, are warned of liability under Art. 307 and 308 of the Criminal Code for knowingly false testimony and expert opinion or incorrect translation and for the refusal of a witness or victim to testify.

When performing investigative actions, technical means and methods for detecting, fixing and seizing traces of a crime and material evidence may be used.

The protocol is the main means of recording the course and results of an investigative action. According to Art. 166 of the Code of Criminal Procedure, it can be written by hand or made using technical means. Shorthand, photographing, filming, audio and video recording may also be used in the performance of an investigative action. Transcripts and stenographic records, photographic negatives and photographs, materials of audio and video recordings are kept during the criminal case.

The protocol describes the actions of the investigator in the order in which they were carried out, the circumstances revealed during their production that are relevant to the case, as well as the statements of the persons participating in the investigative action.

The protocol also indicates the technical means used, the conditions and procedure for their use and the results obtained, it is noted that the persons participating in the investigative action were warned in advance about the use of technical means.

Photo negatives and photographs, films, transparencies, phonograms of interrogation, video cassettes, computer information carriers, drawings, plans, diagrams, casts and prints of traces made during the investigative action are attached to the protocol.

If it is necessary to ensure the safety of the victim, witness or their relatives, the investigator has the right not to indicate their identity in the protocol.

In such cases, the investigator, with the consent of the prosecutor, issues a decision, which sets out the reasons for making such a decision, indicates the pseudonym of the participant in the investigative action and provides a sample of his signature, which he will use in the protocols. The decision is placed in an envelope, which is sealed and attached to the case.

In accordance with Art. 170 of the Code of Criminal Procedure, all types of investigative examination (with the exception of examination), exhumation, investigative experiment, search, seizure, examination and seizure of postal and telegraph correspondence, examination and listening to phonograms of telephone and other conversations, presentation for identification, verification of testimony on the spot are carried out with the participation of not less than two witnesses. In hard-to-reach areas, in the absence of proper means of communication, and also in cases where the performance of an investigative action is associated with a danger to life and health of people, these investigative actions may be carried out without witnesses, about which an appropriate entry is made in the protocol of the investigative action. If an investigative action is carried out without witnesses, its course and results are recorded using technical means; if this is not possible, the necessary entry is also made in the protocol.

3.3. The concept and types of investigative examination

Investigative examination (Articles 176-180 of the Code of Criminal Procedure) is one of the most common investigative actions.

An investigative examination can be defined as an investigative action, which consists in the direct identification, study and fixation by the investigator of various material objects and traces on them that may be relevant to the case, their signs, state, properties and relative position.

When deciding whether it is necessary to conduct an inspection and, in particular, an inspection of the scene, the investigator always proceeds from the specific circumstances of the case. However, as practice shows, an investigative examination in one form or another should be carried out during the investigation of most crimes - always when material traces of an event can be detected by inspection. Inspection also allows the investigator to become more fully acquainted with the situation of the scene of the event, to better understand the essence of the crime under investigation.

There are several classifications of types of investigative examination.

The object differs:

▪ inspection of the scene of the incident;

▪ initial external examination of the corpse at the place of its discovery (or simply examination of the corpse);

▪ inspection of objects;

▪ inspection of documents;

▪ inspection of animals;

▪ inspection of premises and areas of the area that are not the scene of the incident.

A special type of investigative examination is the examination of living people (certification). In view of the clearly expressed specificity, the examination is sometimes considered as an independent investigative action, although it is more correct to consider it a kind of investigative examination.

Types of investigative examination can also be classified by time and volume. In terms of time, the initial and repeated examinations differ, and in terms of volume - the main and additional ones. The object of repeated and additional inspection is most often the scene of the incident. An initial inspection is the first inspection by an investigator of a given object, a second inspection is any subsequent inspection of an object that has already been subjected to an investigative inspection.

Re-inspection is usually carried out in cases where:

▪ the initial inspection took place in unfavorable conditions (darkness, rain, snow, crowds, etc.);

▪ certain areas of the incident site or some objects were not inspected for some reason;

▪ due to the inexperience of the investigator or for other reasons, the initial examination was clearly carried out poorly;

▪ During the investigation, new data was obtained, the verification of which requires a re-inspection.

During the re-examination, as well as during the initial one, the object is examined completely, together with all the traces found on it. In tactical terms, the re-examination has no significant features.

An additional inspection is an inspection of individual elements of an object that has already been examined as a whole. Usually, the need for an additional inspection arises when some parts of the scene, traces or material evidence during the main (initial) inspection remained unexplored or were not fully investigated, however, in general, the initial inspection was carried out at the proper level and it is not advisable to conduct a second inspection.

According to Art. 177 of the Code of Criminal Procedure, the traces of the crime and the discovered objects are examined at the place where they were found. If it takes a long time to examine them or if inspection on the spot is difficult for some other reason (weather conditions, crowds of people, etc.), the items relevant to the case must be seized, packed, sealed, certified by the signatures of the investigator and witnesses. Their individual signs and characteristics are described in the protocol of the inspection of the scene.

Inspection of the premises of the organization is carried out in the presence of a representative of this organization. If it is impossible to ensure his participation in the inspection, this is recorded in the protocol.

3.4. Inspection of the scene. Preparing for it

Inspection of the scene of an incident is an urgent investigative action, which consists in the direct study and recording by the investigator of the situation at the scene of the incident, traces and other objects located on it in order to obtain factual data relevant to the case.

It is necessary to distinguish between two different concepts: the scene of the incident and the scene of the crime. The scene of the incident is a room or area within which traces of a committed crime were found (stolen property, a corpse or parts of a corpse, a weapon hidden by a criminal, etc.). The crime itself could have been committed elsewhere. The scene of the crime is the premises or area of ​​the territory where the crime was directly committed, although traces of this crime may be found in another place or in several places. In some cases, the scene of the crime and the scene of the crime coincide, but may not coincide.

Stages of inspection of the scene:

▪ preparatory;

▪ worker (or research);

▪ final.

The preparatory stage consists of two stages. At the first stage, the investigator, having received from the duty unit information about an event that has signs of a crime, and having decided to go to the scene, first of all must check whether measures have been taken to protect the scene. To do this, you can use the help of the persons who reported the incident, the crews of patrol cars, the district inspector. Depending on the specific circumstances of the event, it is also necessary to find out whether an ambulance was called, whether measures were taken to extinguish the fire, restore traffic on the highway (if an accident occurs) or other measures aimed at eliminating the consequences of the incident.

Further, the investigator must take care that by the time he arrives at the scene of the incident, there are eyewitnesses of the event, the first persons who arrived there, or other persons who can provide any information about the event.

After that, you need to determine the composition of the group that will conduct the inspection. Participants in the inspection in forensics are usually divided into mandatory, whose participation in this investigative action is prescribed by law, and optional, which the investigator may or may not involve in the inspection at his discretion. Mandatory participants include: an investigator or an inquiry officer; witnesses (at least two in number); if there is a corpse among the objects of examination - a specialist (forensic doctor or other doctor). Optional participants in the inspection may be: a specialist, a victim, a witness, in some cases - a suspect or accused, representatives of the administration of the relevant institution, enterprise or organization, operational workers, if necessary - a canine inspector.

The last thing the investigator must do at the first stage of the preparatory stage is to determine what technical and forensic tools he will take with him and check their completeness and serviceability.

Upon the arrival of the investigator at the scene, the second stage of the preparatory stage of the inspection begins. During this stage, the investigator must first of all check whether assistance has been provided to the victims, whether other necessary measures have been taken to overcome the harmful consequences of the incident. Then it is necessary to ensure the removal of all unauthorized persons from the inspection site. So that the curious do not interfere with the work and cannot destroy the traces, it is advisable to protect the scene. To do this, you can use improvised means, but it is better to have several pre-prepared pegs or pegs with you, connected by a long and fairly strong rope.

Then the investigator conducts a survey of persons who can give any information about the event. The survey should take a minimum of time; its main goal is to decide, on the basis of the information received, whether there are signs of a crime in a given event and, accordingly, whether an examination is necessary. The results of the survey are recorded in the investigator's working notebook, and if there is a portable tape recorder, with the help of sound recording.

After the interrogation, having made for himself a complete and clear idea of ​​the event, the investigator must finally decide on the circle of participants in the examination. He may need to additionally call for some specialists, operational workers, security. Then the participants are briefed: the investigator explains to each of his tasks, what exactly he must do, his procedural rights and obligations, etc.

Sometimes it is necessary to take other urgent measures aimed at ensuring the success of the inspection, for example, the installation of additional fencing of the area to be examined, lighting, the construction of a temporary canopy to protect from rain, and communication.

3.5. Working (research) stage of inspection of the scene

This stage consists of two stages - a general inspection (it is sometimes called a static stage) and a detailed inspection (dynamic stage).

In the course of a general examination, the investigator must first of all orient himself at the scene of the incident. Orientation is made by compass; in addition, it is advisable to "tie" the scene to several permanent landmarks available on the ground (the corner of a building, a telegraph pole, a separate tree). At the same time, the direction and distance from the scene of the incident to at least two landmarks are noted.

Then the investigator determines the boundaries of the territory to be examined. At this stage, the boundaries of the scene of the incident are determined only approximately, in the future, in the course of the inspection, they can be expanded. After that, a position for overview shooting is selected and shooting is performed.

It is very important to correctly resolve the issue of the starting point of the inspection, as well as determine by what method and method it will be carried out. In forensics, two methods of examination are distinguished: subjective and objective. The subjective method consists in the fact that the investigator examines only the objects that were on the alleged path of the criminal, which he allegedly touched, only those parts of the territory where traces and material evidence are most likely to be found. Thus, when using the subjective method, a selective inspection of the scene actually takes place. The objective method is that the scene of the incident is examined in its entirety, i.e. while doing a full inspection.

The objective method of inspection is more reliable and reliable, however, in some cases, when inspection of the entire area of ​​the scene is clearly impractical, the subjective method can also be used.

If an objective method is used during the examination, then the examination is carried out in one of three ways: concentric (from the periphery to the center of the scene, i.e. the investigator moves in a spiral, gradually narrowing the circles and approaching the center); eccentric (inspection is carried out from the center to the periphery, i.e. the investigator moves along an unfolding spiral) and frontal (when the entire territory to be inspected is divided into conditional lanes, the width of which ensures that the entire lane is viewed by a person moving along its center line).

The choice of one or another method of examining the scene of the incident depends entirely on the specific circumstances of the case. This is largely determined by whether there is an object at the scene of the incident where you can certainly find the largest number of traces important for the case (such objects can be, for example, a corpse, a broken safe, a wardrobe from which the criminals pulled out things, etc. ). If there is such an object, it is taken as the center of the scene. The examination begins with it, which is subsequently carried out in an eccentric way. If there is no such object, the scene is usually examined in a concentric way: from the periphery to the geometric center. Inspection of the premises is often carried out starting from the entrance (if there are signs of forced entry on the door), i.e. the concentric method is also used. The frontal method usually examines large areas of the terrain. It must also be borne in mind that in practice a combination of two or even all three methods of inspection is possible.

Having chosen the most appropriate method and method of examination for a given situation, the investigator begins direct work at the scene. As mentioned above, the general inspection is sometimes called the static stage, since it is not recommended to move all objects at the scene of the incident, they are examined in a static state. The investigator studies and fixes the situation of the scene, the appearance and relative position of traces and objects, takes nodal and detailed photographs, draws up the necessary drawings, plans and diagrams.

After the nature and location of the objects are investigated and fixed, the second stage of the working stage begins - a detailed examination (dynamic stage). At the same time, each of the objects is comprehensively examined, they can be moved, disassembled, etc. At the same stage, the necessary search actions are taken in order to detect traces of the crime at the scene and at individual objects. Identified traces are fixed and withdrawn, if necessary, additional detailed shooting is carried out. Negative circumstances are also often identified and fixed at this stage.

In practice, a sharp line between the static and dynamic stages (general and detailed inspection) is usually not observed. An alternation of stages is also possible, i.e. the investigator, having found any object and fixing it in a static state, picks it up and examines it in detail, making appropriate notes, and then continues the general examination again.

3.6. Fixing the progress and results of the inspection of the scene

At the final stage of the inspection of the scene, its progress and results are recorded: a protocol is drawn up, plans, diagrams and drawings are finalized, objects found and seized during the inspection are packed, if necessary, the corpse is fingerprinted, and measures are taken to ensure the safety of objects that are impossible or inappropriate to remove from the scene.

The main means of fixation, the main procedural document reflecting the results of the inspection, is the protocol of the inspection of the scene. The protocol has the following main requirements:

▪ completeness and objectivity;

▪ accuracy and consistency of description;

▪ determination;

▪ the proper procedural form of the protocol or the availability of the necessary details. In this part, one should be guided by Art. 166 and 180 Code of Criminal Procedure.

The protocol of inspection of the scene of the incident is divided into three parts: introductory, descriptive and final.

The introductory part indicates: the date of the inspection, the time of its beginning and end; place of inspection; position, rank, surname of the person who carried out the inspection; last names, first names, patronymics and addresses of witnesses; position and surname of the specialist; surnames, names, patronymics of other participants and their attitude to the case, the reason for the inspection; articles of the Code of Criminal Procedure, which the investigator was guided by during the examination and in accordance with which he drew up a protocol; viewing conditions (weather, lighting).

The descriptive part indicates everything found during the inspection. In particular, the following should be reflected:

▪ general characteristics of the scene of the incident (residential or non-residential premises, park, square, road section, fields), its boundaries, surrounding objects;

▪ the immediate situation of the scene of the incident: indoors - the relative position of rooms, staircases, attics, basements, doors, windows, the condition of door locks, the location of furniture and other items; in open areas - relief, soil, vegetation, etc.;

▪ all traces that may have evidentiary value in the case, as well as objects damaged by the criminal (a broken door, broken glass), on the surface of which traces of participants in the event were found, the condition or position of which was changed at the time of the crime (scattered things, rumpled grass ), lost or forgotten by the participants of the event.

The final part of the protocol indicates: what was seized, how it was packed, whether it was filmed, what was photographed, how many pictures were taken, what are the shooting conditions, whether plans and diagrams were drawn up, whether statements were received from attesting witnesses and other participants.

Scene plans can be scaled and schematic. Plans-schemes must indicate the shortest distances from each object to two fixed landmarks, as well as between objects. In any case, the north and south are indicated by an arrow on the plan, explanations of the symbols are given, the date is indicated. The plan is signed by witnesses and the investigator.

For greater clarity, two plans are usually drawn up: general (plan of the scene of the incident and the surrounding area) and private (the scene of the incident itself with all the objects found on it). Plans and diagrams are drawn up at the scene, immediately after the inspection protocol is drawn up or simultaneously with it.

Phototables are another application to the inspection protocol. They are usually compiled by a specialist after the film has been processed and the photographs have been printed. The captions indicate what exactly is shown in each picture, and the shooting conditions. The photo tables are signed by a specialist.

Video recording may also be used to record the progress and results of the examination.

3.7. The tactics of examining the corpse at the place of its discovery. Exhumation

The corpse is the central object at the scene. The course and results of its inspection are reflected in the protocol of inspection of the scene. If the corpse is examined in the mortuary, a separate protocol for the examination of the corpse is drawn up. A separate protocol is also drawn up when the examination was preceded by the exhumation of the corpse.

Examination of the corpse can provide the most important information about the identity of the victim, the causes of death, the method of its infliction, the time of occurrence, and the mechanism of the event.

Inspection consists of two stages - general and detailed inspection. You can also talk about the static and dynamic stages of the examination of the corpse.

During a general examination of the corpse in a static state, the following are recorded: gender, age of the deceased (approximately), his physique, the posture of the corpse, his position at the scene of the incident relative to some permanent landmarks, external signs, the length of the corpse, the condition of the skin, the condition of the clothes (relative to posture of the corpse), possible instruments of infliction of death, other objects located near the corpse.

After a general examination, the body is lifted, transferred to another place and the bed of the corpse (the place where the corpse lay) is examined. Previously, the bed of the corpse is outlined in chalk or indicated in other ways.

A detailed examination is accompanied by undressing, which is carried out in a certain sequence. This stage of examination aims to identify all the features on the body of the corpse, injuries and cadaveric phenomena. If the identity of the deceased is unknown, the features are recorded with the utmost care, including moles, the structure of the dental apparatus, etc. The corpse is described in detail using the "verbal portrait" method.

With regard to injuries, the following is indicated: their location, in indisputable cases - the nature of the injuries (for example, "chopped wound"), their size, appearance. All cadaveric phenomena (body temperature, rigor mortis, desiccation, cadaveric spots, putrefactive processes) are also identified and described.

Before and during the inspection, the corpse is photographed. In this case, it is desirable to use color photography.

3.8. Inspection of objects and documents

Inspection of objects discovered during an inspection of the crime scene and other investigative actions is carried out at the place of their discovery (except for cases where this requires a long time or for other reasons). Then the inspection of objects can be carried out in any room suitable for this purpose at the discretion of the investigator.

The objects of inspection can be any items that, in the opinion of the investigator, are relevant to the case, including: things and items that turned out to be objects of criminal encroachment; tools used in the commission of crimes; items on which traces of crimes have been preserved (clothing of the victim or suspect with injuries on it, traces of blood, parts of this clothing, etc.).

During the inspection, the following are clarified and recorded: the name of the item, its purpose, appearance, dimensions in all dimensions, the material from which the item is made, the features of the item, its defects, packaging. Signs indicating the connection of the object with the event under investigation are especially noted.

The subject is photographed. If necessary, a diagram can be drawn up indicating the traces on the subject.

Inspection of documents. The direction of inspection depends on whether the document is physical or written evidence. In the first case, the document is of interest to the investigator in itself and is irreplaceable. In the second case, the investigator is only interested in the content of the document. If this content is properly recorded in the case, the document as such may not be attached to the case (for example, a ledger in which one entry is relevant for the investigation). In such cases, the protocol reproduces the relevant text after the general description of the document.

When examining a document - physical evidence, its name, purpose (for example, "Invoice for the release of fruit from vegetable warehouse No. ___"), form, appearance, all details are clarified and described. Signs of forgery (etching, additions, erasures) are of particular importance.

Inspection of postal and telegraph correspondence is carried out in communication institutions. Employees of these institutions are invited as witnesses.

During the inspection, the necessary technical means and the assistance of specialists are used. In any case, the document is photographed. Documents - material evidence must be attached to the case. At the same time, they cannot be hemmed, make any marks on them, additional kinks. Usually, the document is enclosed in an envelope, somewhat larger in size, which, with its free part, is hemmed into the case.

3.10. The concept, general procedure and types of interrogation

Interrogation at the preliminary investigation is an investigative action, which consists in obtaining and fixing, in the manner prescribed by law, the testimony of witnesses, victims, suspects, accused and experts about the facts known to them that are relevant to the case under investigation (Articles 173, 174, 187-192 of the Code of Criminal Procedure) .

According to Art. 187 of the Code of Criminal Procedure, interrogation cannot continue continuously for more than four hours. Continuation of interrogation is allowed after a break of at least one hour for rest and eating, and the total duration of interrogation during the day should not exceed eight hours. If there are medical indications, the duration of the interrogation is determined on the basis of a doctor's opinion.

The witness or the victim is summoned for interrogation by summons or in another way (by telephone, telegram). If the person summoned for interrogation did not appear at the appointed time and did not notify the investigator in advance of the reasons for the non-appearance, he or she may be brought in. A person under the age of 16 is summoned for interrogation through his legal representatives or through the administration at the place of work or study. A different order of calling is allowed if this is called for by the circumstances of the case. A serviceman is summoned for interrogation through the command of the military unit.

All persons summoned for one case are interrogated separately, and the investigator takes measures depending on him so that before interrogation they cannot communicate with each other.

Before interrogation, the investigator is obliged to ascertain the self-identity of the interrogated person, then he explains to this person his rights, obligations and the procedure for conducting interrogation. The person being interrogated (except for the suspect and the accused) is also warned about the responsibility for deliberately false testimony and for refusing to testify. If the investigator has doubts whether the interrogated person speaks the language in which the investigation is being conducted, then he finds out in which language the interrogated person wishes to testify.

Leading questions are not allowed. Otherwise, the investigator is free to choose the tactics of interrogation.

The interrogated person has the right to use documents and records.

At the initiative of the investigator or at the request of the person being interrogated during the interrogation, photographing, audio or video recording, filming may be carried out, the materials of which are stored during the criminal case and sealed after the preliminary investigation is completed.

If the witness appeared for interrogation with a lawyer, then the lawyer is present during the interrogation, but at the same time he has no right to ask questions to the witness and comment on his answers. At the end of the interrogation, the lawyer has the right to make statements about violations of the rights and legitimate interests of the witness. These statements are to be recorded in the minutes.

The interrogation of a victim or witness under the age of 14, and at the discretion of the investigator and from 14 to 18 years, is carried out with the participation of a teacher. During the interrogation of a minor victim or witness, his legal representative has the right to be present. Victims and witnesses under the age of 16 are not warned about the responsibility for refusing to testify and for knowingly giving false evidence - they are explained that they must tell only the truth, everything they know about the case.

The accused must be interrogated immediately after being charged. Before interrogation, he may have a private and confidential meeting with the defense counsel, without limitation of duration. At the beginning of the interrogation, the investigator must find out from the accused whether he pleads guilty, whether he wants to testify on the merits of the accusation and in what language. If the accused refuses to testify, the investigator shall make a record of this in the record of the interrogation.

Repeated interrogation of the accused on the same charge in the event of his refusal to testify at the first interrogation may be carried out only at the request of the accused himself.

As a rule, the interrogation of any participant in the process actually consists of three stages:

1) finding out the necessary data about the identity of the person being interrogated (filling out the questionnaire part of the protocol);

2) free story;

3) question-answer stage.

Some authors distinguish the fourth stage - fixing the progress and results of the interrogation.

In the course of a free story, the interrogated person is not recommended to be interrupted. Of course, the investigator can ask clarifying and specifying questions, but, as a rule, they should not be reflected in the protocol. The first two stages are mandatory, the third (question-answer) is optional. If the investigator, having recorded the testimony of the interrogated person, given in the course of a free story, sees that all the circumstances of the event are set out in the protocol quite fully and accurately, there is no need to ask any additional questions.

The types of interrogation at the preliminary investigation differ depending on:

▪ from the procedural position of the person being interrogated (interrogation of a witness, victim, suspect, accused and expert);

▪ age of the person being interrogated (interrogation of an adult, a minor, a minor);

▪ composition of participants (without the participation of third parties, with the participation of a defender, expert, specialist, parents or legal representatives of a minor, teacher, translator);

▪ place of interrogation;

▪ the nature of the investigative situation (conflict-free or conflict). A conflict-free situation during interrogation is characterized by a complete or predominant coincidence of interests of the interrogator and the interrogated and usually arises when a victim or witness is interrogated, i.e. bona fide participant in the process. On the contrary, a conflict situation, as a rule, arises during the interrogation of a suspect or accused who does not want to give truthful testimony and resists the investigator;

▪ whether the person has been interrogated in this case before or is being interrogated for the first time (initial (or initial), repeated, additional interrogation).

Such an interrogation is considered repeated when testimony is again given on those issues on which they were already given at the previous interrogation or at previous interrogations; additional - when testimony is given on issues that were not covered during previous interrogations. At the same time, if during the initial interrogation the questionnaire part of the protocol was filled out completely and correctly, it is not filled out during repeated and additional interrogations.

A special, specific type of interrogation is confrontation.

3.10. Preparation for interrogation

Preparation for interrogation consists of a number of elements.

1. Determination of the circle of circumstances to be clarified. To do this, before the interrogation, it is necessary to once again turn to the case materials, rethink the plan, and analyze the versions. Sometimes it is advisable to make a list of questions of interest to the investigator.

2. The study of the personality of the interrogated. The amount of information about the identity of the interrogated, which the investigator has, predetermines the correct choice of tactics. The success of the interrogation largely depends on this. Of particular interest are the relationship of the interrogated with the persons involved in the case, his moral character, mental properties, his past, lifestyle, cultural level and much more.

The necessary information about the person being interrogated can be obtained from various sources - testimonies of other participants in the process, characteristics from places of work or study, operational data. However, the collection of relevant information takes time, and the interrogation usually needs to be carried out without delay. In such cases, the investigator, preparing for the interrogation, firstly, assesses the personality of the person to be interrogated, based on the case materials, and secondly, tries to get as much information as possible about him in the first stage of the interrogation - in the course of filling out the questionnaire part of the protocol. To do this, sometimes it makes sense to transfer the conversation to an informal channel, to ask any additional questions (of course, without fixing these questions and answers to them in the protocol).

3. Determining the time, place of interrogation and method of summoning for interrogation. According to part 2 of Art. 46 of the Code of Criminal Procedure, the suspect must be interrogated no later than 24 hours from the date of the decision to initiate a criminal case (except in cases where the whereabouts of the suspect is not established) or his actual detention. Interrogation of an expert is allowed only after the submission of an opinion by him (part 1 of article 205 of the Code of Criminal Procedure).

Tactically, the interrogation, as a rule, should be carried out as quickly as possible. However, in some cases it is advisable to postpone it for some time, for example: if the person to be interrogated is excessively excited, is in a state of intoxication, needs medical assistance; if the investigator is not sufficiently prepared for interrogation; if prior to the interrogation it is necessary to obtain any additional information regarding the circumstances of the case or characterizing this person, etc. If it is decided to postpone the interrogation for some time, the investigator must take care that during this time the person to be interrogated does not have any undesirable influence on the part of the accused or suspects.

The place of interrogation is usually the investigator's office. However, at the discretion of the investigator and due to specific circumstances, the interrogation may also be carried out in another place - in a medical institution, at the place of work of the interrogated person, in his apartment. Interrogation at the scene is often very effective.

The method of summoning for interrogation depends on the specific circumstances. Sometimes the investigator uses a subpoena, but it is also possible to invite the person being interrogated by phone (often this is the most appropriate), through a third party, the administration of an institution or enterprise. In exceptional cases, the person to be interrogated is delivered by a drive; for this, a special resolution is issued, which is transferred for execution to employees of the external police service or to the district inspector.

4. Creating the necessary environment for interrogation. The environment in which the interrogation is carried out should not distract the interrogated person, prevent him from concentrating. Usually, the office of the investigator (if he works alone in the office) fully meets these goals. If the office is occupied by two or three investigators, sometimes it is necessary to schedule an interrogation for a time when other investigators should be absent or when they do not plan to carry out any investigative actions.

5. The study of special issues that may arise during interrogation (for example, technology, accounting). To this end, the investigator, before interrogation, studies special literature, consults with specialists, personally gets acquainted with certain objects on the spot.

6. Determination of the circle of participants in the interrogation. At the discretion of the investigator, a specialist or expert may participate in the interrogation; they play an active role - they can give explanations on questions that arise during interrogation, ask questions to the interrogated person with the permission of the investigator. A defense counsel may also participate in the interrogation (in the cases specified in the law), an interpreter - when interrogating deaf-mutes or persons who do not speak the language in which the investigation is being conducted; teacher, legal representatives or relatives of a minor.

7. Preparation of the necessary materials, as well as technical means of interrogation. Such materials include physical evidence that will be presented during interrogation (they must be at hand), the relevant case materials (bookmarks are made in the case), and among the technical means - first of all, a tape recorder.

8. Drawing up an interrogation plan. The investigator must always plan the upcoming interrogation: outline in advance the questions that must be clarified, the order in which they are raised, the procedure for presenting material evidence and other case materials. Most often, the plan is outlined orally, less often in the form of brief outlines. Only in some of the most difficult cases is it advisable to draw up a detailed written plan indicating the tactics that are supposed to be used during interrogation, the wording of questions, etc.

3.11. Tactics of interrogation of witnesses and victims (interrogation in a conflict-free situation)

When interrogated in a conflict-free situation, the interrogated person, as a rule, does not need to be convicted of something, he willingly tells about all the circumstances of the event himself.

The task of the investigator during interrogation in a conflict-free situation is to assist the interrogated person in restoring the real picture of the event under investigation and in recalling forgotten facts, in no case allowing leading questions.

There are a number of interrogation tactics in a conflict-free situation. In particular, when summoning witnesses and victims, it is usually not necessary to use summonses with a warning that, in case of failure to appear, they can be delivered by a drive. It makes sense to practice more widely an invitation for interrogation by office or home phone, and if the invitation is made in writing, not a summons, but a simple informal note. Only if the witness or the victim refuses to come or violates the agreement with the investigator, is an official summons sent to him.

What matters is the form of warning the interrogated person about criminal liability for refusing to testify and for giving knowingly false testimony. The investigator must be able to explain to the interrogated the full seriousness and responsibility of the forthcoming investigative action and at the same time do it without excessive formality, so as not to interfere with the establishment of psychological contact, not to “frighten off” the interrogated.

Of course, if there is reason to believe that the witness or the victim does not intend to tell the truth, the corresponding warning should be given in a different, more severe form.

Such a technique is also very effective - interrogation in chronological order. The interrogated person is asked to remember what he did on a particular day starting from a certain moment. Consistently reproducing in memory the events of that day, the interrogated person can often name such facts and circumstances that he could not remember before. At the same time, it is possible to restore the chronological sequence of events both starting from an earlier moment, and vice versa - from later to earlier.

Often, during interrogation in a conflict-free situation, questions are used that activate associative links in the mind of the witness. For example, if the witness cannot remember when he met the accused, it makes sense to ask him if they met on a holiday or on a weekday, what the weather was like on the day of the meeting, etc. Sometimes this is enough to restore the whole picture of the event in the memory of the witness.

Good results are also given by the presentation to the interrogated of various material evidence, photographs, diagrams, plans. In particular, when investigating an accident, a witness can be asked to show on the diagram in which direction he was moving, at what point he was at the time of the event, where the relevant vehicles were at that time. Looking at a group photograph, the interrogated person often recalls the details of the event, the names and surnames of persons of interest to the investigator, and much more.

Finally, as already noted, interrogation at the scene is often very effective.

When using these and other methods, one should, however, be very careful: one should always remember that if they are used ineptly, one can imperceptibly cross the line beyond which the assistance to the interrogated person in restoring the real picture of the event and recalling forgotten facts ends and suggestion, "hints" begin. leading questions, which is completely unacceptable.

3.12. Tactics of interrogation of suspects and accused (interrogation in a conflict situation)

Very often the suspect or the accused feels that it is not in their interest to tell the truth, or at least the whole truth. Therefore, in their testimonies, they usually paint a distorted picture of the incident, they are silent about something, or they do not tell the story as it really was.

The task of the investigator during interrogation is not to ensure that the interrogated person necessarily admits his guilt, but to obtain full and truthful testimony from him. A deliberately accusatory bias, the bias of the investigator during the interrogation, when he, not yet having the necessary evidence, demonstrates distrust of every word of the interrogated, can only damage the case.

It should also be remembered that, although the testimony of the suspect or the accused is not exclusive evidence, does not have a formal advantage over other types of evidence, it is very important in terms of establishing all the circumstances of the event. If the suspect or the accused begins to tell the truth, he usually reports some new facts, names such details of the event that were not previously known to the investigator; later, when these testimonies are confirmed, the guilt of the person in question is irrefutably proven.

From all of the above, the conclusion follows: interrogation in a conflict situation should be carried out with strict observance of the law, without any bias, but at the same time actively, aggressively, with the aim of obtaining truthful testimony.

One of the main tactics of interrogation in a conflict situation is to identify the motives for giving false testimony and eliminate these motives. Such motives can be, for example, the desire to evade responsibility or achieve a less severe punishment, fear of revenge of accomplices, pity for them, etc.

In such cases, the investigator must convince the interrogated that it is impossible to escape responsibility in this way - his guilt will still be proven and the punishment, on the contrary, will be more severe; that law enforcement authorities are able to provide him with the necessary protection; that the accomplices, for their part, will not spare him and will be guided only by their own interests. Perhaps not immediately, but in the end, the interrogated usually agrees with these arguments and refuses to lie.

Often, maximum detail and concretization of testimony, if necessary, in combination with repeated interrogation, turns out to be very effective. At the same time, the investigator tries to ensure that the interrogated person tells in as much detail as possible about the event itself, about what preceded it, what happened after. If the interrogated person gives false testimony, he may become confused about the details; besides, detailed testimony is much easier to check and refute by presenting the relevant evidence during the second interrogation.

In some cases, truthful testimony can be obtained by stimulating the positive qualities of the suspect or the accused. To do this, it is necessary to identify and activate, for example, such qualities of the interrogated person as self-esteem, courage, humanity (in particular, his desire to correct or reduce the harm caused by the crime). Of course, this technique can be used only in relation to those suspects or accused who still have the corresponding positive qualities.

The main technique used during interrogation in a conflict situation is the presentation of evidence. Evidence can be presented in two ways: either in ascending order (from weaker to stronger), or starting immediately with the most important evidence. The first method is practiced when there is a relatively large amount of evidence, but none of them is particularly strong, decisive. The investigator's calculation is based on demonstrating to the interrogated a series of evidence in the form of a harmonious chain, convincing him of the senselessness of denial and of the need to tell the truth. The second method is used when there is relatively little evidence, but among them there is one very weighty one or one for the refutation of which the interrogated person is not psychologically prepared.

It should be noted that for methodological purposes, conflict-free and conflict situations are clearly distinguished; however, in real life, it often happens that during the same interrogation one has to deal with both situations at once (when the interrogated person gives truthful testimony in one episode and tries to deceive, disorient the investigator in another).

In such cases, the investigator must both show due flexibility and use various techniques, first aimed at assisting the interrogated person in remembering the forgotten, and then (during the same interrogation) exposing the interrogated person in giving false testimony.

3.13. Recording the course and results of interrogation

The main means of fixing the testimony obtained during interrogation is the protocol.

In accordance with Art. 190 of the Code of Criminal Procedure, the testimony of the interrogated person is recorded in the first person and, if possible, verbatim. Questions and answers to them are recorded in the sequence that took place during the interrogation. All questions are recorded in the protocol, including those that were diverted or to which the interrogated person refused to answer, indicating the reasons for the challenge or refusal.

Excessive information, the initial statements of the interrogated, which he refused even before the investigator had time to write them down, are not recorded. As a rule, jargon and obscene expressions are not fixed.

If during the interrogation the interrogated person was presented with material evidence and documents, the protocols of other investigative actions were read out, materials of audio or video recording and filming of investigative actions were reproduced, a corresponding entry is made in the protocol of interrogation.

If photography, sound recording, video recording, filming were used during the interrogation, the following shall be recorded in the protocol: the fact of the use of technical means and the conditions for their use; if video recording or filming was suspended - the reason and duration of the stop; statements of the interrogated person regarding the use of technical means.

During interrogation, sound recording is most often used.

The sound recording of the testimonies of the interrogated person creates a "presence effect" during the interrogation, i.e. allows you to get an idea about the entire course of the interrogation, how it was conducted, how the investigator formulated the questions, in what form the answers were given, etc. It ensures the completeness and accuracy of fixation, eliminates possible errors when recording readings.

Recording an interrogation using video recording is more effective, especially if a proper assessment of the testimony is possible only taking into account the situation of this investigative action, the condition or any physical or mental qualities of the interrogated. Of course, it is not always advisable to use video recording, but only in particularly difficult cases, for example:

▪ when the investigator intends to further analyze the behavior of the interrogated person in order to develop more effective investigative tactics;

▪ during interrogation at the scene of an incident;

▪ during interrogations of persons suffering from physical or mental disabilities;

▪ during interrogations of minor victims and witnesses;

▪ to record the testimony of accused persons who have admitted their guilt, in order to reproduce them to accomplices in the crime who do not want to give truthful testimony, when a confrontation is inappropriate for tactical reasons.

Interrogated during the interrogation, diagrams, drawings can be made. They are attached to the protocol, about which an appropriate entry is made.

At the end of the interrogation, the protocol is presented to the interrogated person for reading or, at his request, is read out by the investigator. The request of the interrogated person to supplement or clarify the protocol is subject to obligatory satisfaction.

At the end of the protocol, an entry is made in the established traditional form with approximately the following content: “I have no additions. The protocol was written down from my words correctly, read by me personally” (or “read aloud to me”). This is followed by the signature of the interrogated, and then the investigator. The interrogated person also signs each page of the protocol.

The protocol indicates all the persons who participated in the interrogation. Each of them must sign the protocol, as well as all additions and clarifications made to it.

3.14. The concept of confrontation. The tactics of its implementation

Confrontation (Article 192 of the Code of Criminal Procedure) is the simultaneous interrogation in the presence of each other of two persons previously interrogated on the same fact, in whose testimony there are significant contradictions.

Although confrontation is a fairly effective investigative action, it is advisable to resort to it only if two conditions are met. Firstly, the contradictions contained in the testimony of two persons must be really significant, relevant to the case; it must be borne in mind that some discrepancies in the testimony are always inevitable due to the peculiarities of the properties of perception and memory of each person. Secondly, the investigator must be sure that the participant in the confrontation, who gives false testimony, will not be able to negatively influence another participant - the one who tells the truth, will not convince him to change his truthful testimony to false. If there is no such confidence, the confrontation should be abandoned.

If a confrontation is held with the participation of the victim or witness, they are first warned about criminal liability for evading or refusing to testify and for giving knowingly false testimony, which is noted in the protocol. Then the investigator asks both participants a question: do they know each other, since when and in what relationship are they with each other.

Having clarified these circumstances, the investigator usually turns to the participant who, in the opinion of the investigator, is telling the truth, and invites him to testify on the facts for the clarification of which a confrontation is being held.

After listening and writing down the answer in the protocol, the investigator turns to the other participant in the confrontation with the question whether he confirms the testimony of the first participant. His answer and explanations on the merits are also recorded in the minutes.

Then the first participant is usually asked again whether he insists on his testimony. After that, the participants of the confrontation are given the right to ask questions to each other.

During the confrontation, the investigator may present physical evidence and documents.

Announcement of the testimonies of the participants in the confrontation, given at previous interrogations, as well as the reproduction of sound recordings, video recordings or filming of their testimony is allowed only after they testify at the confrontation or refuse to testify.

The testimonies of the participants in the confrontation are recorded in the order in which they were given. Each participant signs under their answers and at the bottom of the respective pages.

It must be borne in mind that it is quite rare to eliminate contradictions in the testimony of participants during a confrontation. However, if the participant who, in the opinion of the investigator, gives truthful testimony, confirmed them in the presence of another participant and stated that he insists on his testimony, the purpose of the confrontation is considered to be achieved. It is also achieved when the participant in the confrontation, who denounced the suspect or the accused, renounces his testimony, since this also helps to establish the truth in the case.

3.15. The concept and types of investigative experiment

An investigative experiment (from lat. experimentum - "experience") is an investigative action consisting in conducting special experiments to study the circumstances to be proved in the case.

In accordance with Art. 181 of the Code of Criminal Procedure, the investigator, in order to verify and clarify the data relevant to the case, has the right to conduct an investigative experiment by reproducing the actions, situation or other circumstances of this event. The law specifically stipulates that the conduct of an experiment is allowed only on condition that the dignity and honor of the persons participating in it and those around them are not humiliated and there is no threat to their health.

It is also impossible to carry out experiments that threaten the property of citizens; It goes without saying that it is unacceptable to reproduce all the circumstances of the crime in the form in which it actually took place, since this would essentially mean the commission of a new crime.

During an investigative experiment, there is not a reproduction of any phenomenon or fact, but the production of actions similar to those under investigation, the creation of a model of a fact, event or phenomenon. The environment in which the experimental actions are performed will no longer be the one in which the actual event took place, but only similar to it. The degree of similarity of the situation of the investigative experiment with the situation and circumstances of the real event determines the reliability of the results of this investigative action.

The objectives of the investigative experiment are:

1) checking the evidence collected in the case;

2) checking and evaluating investigative leads;

3) obtaining new evidence;

4) establishing the causes and conditions that contributed to the commission of crimes (here most often we mean organizational and technical circumstances that contributed to the commission of the crime).

The types of investigative experiments were defined by R. S. Belkin. [7] He proposed the following list of types of this investigative action:

1) an investigative experiment to establish the possibility of perceiving any fact, event, phenomenon (the ability to see, hear, etc.);

2) an investigative experiment to establish the possibility of performing any action (whether it is possible to perform this action in general or in a particular situation);

3) an investigative experiment to establish the possibility of the existence of any phenomenon (whether spontaneous combustion could occur under certain conditions; could a falling object fall in this particular way, etc.);

4) an investigative experiment to establish the mechanism of the event as a whole or its individual details (how the offender climbed through the window; how he tied himself up, imitating the binding committed allegedly by another person for the purpose of robbery);

5) an investigative experiment to establish the process of formation of traces (how this or that trace arose). The investigator is only convinced that such a trace could indeed have been left under the given conditions. This circumstance is evidence, it can serve as a basis for putting forward versions, etc. In necessary cases, an examination may be carried out later to identify the tool that left this mark;

6) an investigative experiment to establish the presence or absence of a person's professional skills. Such experiments are carried out, in particular, in cases of counterfeiting, when a person who confesses to making counterfeit banknotes is provided with the necessary materials and conditions are created for the manufacture of one or more counterfeit marks and is invited to do so.

3.16. Preparation for the investigative experiment

Participants in the investigative experiment can be mandatory and optional. The mandatory ones include an investigator (or an inquiry officer) and attesting witnesses (at least two). Optional participants may be: police officers; specialists; suspect, accused, victim, witness; technical (auxiliary) participants; defender; canine inspector; representative of the administration of the institution, organization where the experiment is being carried out.

The investigator is the leader and organizer of the experiment. He plans experiments, carries out the necessary preparatory work, and directly convinces himself of the results of the experiment.

There may be not two witnesses, but more (depending on the number of places where the event that constitutes the content of the investigative experiment must be reproduced simultaneously). Witnesses should not replace technical participants and directly participate in the conduct of experiments - they only observe their progress and results.

Police officers can perform various functions during an investigative experiment, in particular, help the investigator in organizing the investigative experiment, guarding the place of its conduct, as well as the participants in the experiment - suspects and defendants, etc.

Specialists advise the investigator on the experimental setting and its reconstruction. They also help to properly organize experiments, record the course and results of an investigative experiment with the help of filming, sound and video recording, and correctly evaluate its results.

Despite the great assistance that a specialist can provide to an investigator during an investigative experiment, he should in no way replace the investigator.

Suspects and accused persons are usually involved in an investigative experiment if its purpose is to verify their testimony. If the testimony of a suspect or accused during an investigative experiment is refuted, this usually has a certain psychological effect on them and contributes to giving them truthful testimony. In addition, the suspect or the accused, participating in the experiment, himself can most fully and accurately reproduce the actions that he performed during the real event.

Victims and witnesses help the investigator reconstruct the situation of the event and provide the necessary explanations for how this event proceeded.

Technical (auxiliary) participants are involved to replace suspects or victims during the experiments (if such a replacement is possible at all), perform specific experiments at the suggestion of the investigator, etc. Technical participants are interchangeable, their number and the requirements they must meet are determined by the investigator.

Preparation for the investigative experiment is divided into two stages:

1) before leaving for the venue;

2) directly at the site of the experiment.

Before leaving the site, the investigator must:

▪ determine the content and method of conducting experiments, as well as the conditions for their conduct;

▪ establish the sequence and order of experiments;

▪ decide on the place and time of the experiment; as a rule, the place and time should be as similar as possible to those in which the actual event occurred;

▪ determine the circle of participants in the experiment and take measures to ensure their attendance at the place of experimentation;

▪ prepare equipment and props that will be needed when conducting an investigative experiment;

▪ check the readiness and serviceability of the means of recording the progress and results of the experiment (this can be photo or video equipment, a tape recorder, etc.);

▪ if necessary, decide on the reconstruction of the environment in which the experiment will take place.

Upon arrival at the site of the experiment, the investigator must:

▪ find out whether there were any changes in the situation after events significant to the case took place at this place, or after reconstruction. If necessary, the investigator takes measures to restore the situation;

▪ if necessary, record the situation using photographs, plans, etc. before the start of reconstruction and after it;

▪ if witnesses did not arrive with the investigator, invite witnesses;

▪ instruct all participants in the experiment about their location and the actions that they must perform during the experiment. Additionally, explain the rights of the specialist under Art. 58 of the Code of Criminal Procedure and witnesses under Art. 60 Code of Criminal Procedure. At the same time, the purpose of the experiment is explained to all its participants, and the content of the experiments is explained only to those who should know about it in advance, and within the necessary limits;

▪ establish signals and means of communication that will be used during the experiment;

▪ check the availability of the necessary details;

▪ organize security of the experiment site.

3.17. Tactical methods of the investigative experiment

Tactical methods of conducting an investigative experiment, regardless of its type and specific content, must ensure the implementation of the following basic requirements.

1. Maximum similarity of the experimental conditions with those in which the actual event occurred. What is meant here is the similarity of the time of day; conducting an experiment at the same or as similar location as possible; similarity of climatic conditions; if necessary, reconstruction of the situation; the use of genuine or appropriately reconstructed items; the similarity of the tempo of the experiments being carried out with the tempo of the actual event; similarity of sound conditions; finally, taking into account changed and non-reconstructible conditions. [8] Violation of these requirements completely invalidates the results of the investigative experiment.

2. The repetition of homogeneous experiments. At the same time, it is sometimes advisable to conduct them under modified conditions (complicated or simplified).

So that the results of the experiment cannot be called into question, referring to the fact that they may turn out to be random, the experiments are usually repeated several times (with the same or different objects).

If necessary, the conditions of the investigative experiment can be complicated. If the witness confidently recognizes the suspect, one can increase the distance between them by placing the witness not in the place where he was standing at the time of the event, but a few meters further, and once again (in a different order) show the same people. If even now, under obviously more difficult conditions, the witness identifies the suspect, the results of the investigative experiment will not raise any doubts.

The multiple repetition of experiments must be distinguished from a repeated experiment, when it is completely carried out again and formalized by a new protocol.

3. Conducting experiments in several stages in order to better perceive and fix them, as well as evaluate the results.

The procedure for conducting an investigative experiment boils down to the fact that the investigator, after completing the preparatory work, places the participants, gives a signal to start actions, if necessary, to repeat actions, regulates the pace and conditions for conducting experiments, and provides general guidance. Later, the investigator analyzes and evaluates the results of the investigative experiment.

3.18. The concept, general rules and types of presentation for identification

Presentation for identification (Article 193 of the Code of Criminal Procedure) is an investigative action that consists in identifying or establishing a group or family affiliation by the victim, witness, suspect or accused of an object previously perceived by this person in his mental image.

When presented for identification, a number of general rules must be observed. So, the victim, witness, suspect or accused can act as an identifying person. The person who will act as an identifying person is first interrogated about the circumstances under which he observed this or that object, as well as about the signs and features by which he can identify this object.

Repeated identification of a person or object by the same identifying persons on the same grounds is prohibited. The identifiable person is presented to the identifying person together with other persons, as far as possible similar to him and to each other in appearance, as well as in clothing. The total number of persons presented for identification may not be less than three. This rule does not apply to the identification of a corpse - it is presented in the singular. The item to be presented for identification is presented in a group of homogeneous items, the total number of which is also not less than three.

Before the beginning of the presentation for identification of a person, the identifiable person is invited to take any place among other presented persons. If the identifying person is a witness or a victim, he shall be warned before the start of presentation for identification of criminal liability for refusing to testify and for giving knowingly false testimony. During the presentation for identification, leading questions, as well as any actions that could be interpreted as a "hint" to the identifying person, are not allowed. If the identifying person declared the identification of one of the presented persons or objects, he is invited to explain by what signs or features he identified this object. Leading questions in this case are also not allowed.

Thus, in the process of presentation for identification, the investigator presents the identifier with one or another object in a group of other objects, and all objects must be similar to each other. The identifier compares the image of an object preserved in his memory, which he observed once before, with several objects presented to him. The purpose of presentation for identification is for the identifier to answer:

1) whether the presented object is the same one that he saw before in connection with any facts related to the event under investigation;

2) this object is similar to the one that the identifier saw earlier, based on group or generic characteristics, but he cannot definitely identify it;

3) the identifier cannot distinguish among the presented objects the one that he saw once before, i.e. He does not recognize any of the objects.

In order to ensure the safety of the identifying person, the presentation for identification, by decision of the investigator, may be carried out in such a way that the person being identified does not see the identifying person and does not hear his voice. At the same time, the witnesses must be together with the identifying person.

In forensics, presentation for identification is divided into the following types:

1) presentation for identification of people;

2) items;

3) animals;

4) corpses or parts of corpses;

5) premises or areas of the area.

Any of these types of presentation for identification can be carried out in two forms: in the form of presenting an object in kind or in the form of presenting a photographic image of an object presented simultaneously with photographs of other objects that are outwardly similar to the identifiable object. The total number of photographs must be at least three.

Most often, the identification of certain objects is carried out visually, by their appearance. However, recognition can be based on auditory as well as tactile sensations. A case is described in the literature when a group of blind people identified by touch the fabric they sold, and by their voices - the suspects.

3.19. Preparation for presentation for identification

The result of presentation for identification depends on a number of circumstances. An important role is played by such factors as the presence of characteristic individual features in an identifiable object; the conditions under which the identifying person perceived the object; subjective qualities of the recognizer (acuity of vision, hearing, ability to analyze perceptions, memory properties, etc.). In addition, the result of the presentation for identification is largely determined by careful and skillful preparation for this investigative action.

One of the mandatory elements of preparation for presentation for identification is the interrogation of the person to whom certain objects must be presented. Carrying out for this special additional interrogation is usually not necessary, since the interrogated person, telling during the initial interrogation about the circumstances of the case known to him, sets out all the necessary information. In particular, he must report: where, when, under what circumstances and how he observed an object that can be presented for identification; what are the characteristics of this object; to what extent the circumstances under which the observation took place and the subjective state of the interrogated person could affect the perception of the object; whether he can identify the object. If necessary, it immediately becomes clear whether the interrogated person has any defects in the sense organs and psyche, which could complicate the perception and reproduction in the memory of the interrogated given object.

Of the other elements of preparation for presentation for identification, the most important is the correct selection of objects. When selecting objects, it is necessary to achieve the coincidence of their generic and specific characteristics, so that they differ only in individual characteristics, and not one of the objects should have any catchy features that would distinguish it from the others. So, when presented for identification of people, all those presented should appear to be approximately the same age, the same height, the same physique,

have the same hair color (shades may vary), roughly the same hairstyle, similar clothes and shoes, etc. If, for example, the person presented has a scar on his face, or if he wears a mustache or beard, he must be presented among those with the same striking features. Of course, none of the people among whom the identifiable person is presented should be familiar to the identifying person.

As for the degree of similarity of the object being identified with other things presented for identification, it is necessary to ensure the uniformity of such characteristics as name, type (for example, "women's watches"), brand, model, size, shape, color, condition. Animals are recommended to be presented in a group of other animals of the same breed that do not have significant differences in appearance.

The next element of preparation is the choice of the environment in which the presentation for identification will take place. It should take place in a separate room, in good lighting and in the absence of any external interference; in other words, favorable conditions must be created for the perception of the object by the identifier at the given moment.

The elements of preparing a presentation for identification also include the timing of this investigative action and checking the readiness and completeness of technical and forensic means. As a rule, presentation for identification should be made in the daytime, in natural light. The technical and forensic means used in this case may include a camera, a tape recorder, and, if necessary, equipment for video recording.

When preparing to be presented for identification under conditions when the person being identified cannot see the identifying person and hear his voice, it is necessary, first of all, to select an appropriate room. It is best to use two adjacent rooms for this, separated by a soundproof partition, the upper part of which is covered with tinted glass; in this case, the identifying person and the witnesses will clearly see everything that happens in the next room, and the identified person will not be able to see the identifying person or hear his voice.

When preparing for presentation for identification by photographs, the investigator prepares a protocol form in advance. To do this, photographs of objects to be presented are pasted on a special form. Pictures are taken in the same format; the photographic image of the presented object should not in any way (by color, angle, etc.) stand out from the rest. Under each picture its serial number is indicated; All pictures are sealed at the corners. If such a form is sent as a separate order to another body, it should not be indicated in the cover letter under which number the picture of the presented object is placed.

In practice, victims or witnesses are most often identifying. However, if the suspect or the accused confesses to the committed crime, they are able and willing to identify the object, and if the result of the presentation for identification is important for the investigation, they must be used as identifying persons.

3.20. Presentation tactics for identifying people

In accordance with the law, the total number of persons presented for identification must be at least three.

This is the most appropriate order of presentation for identification. Witnesses are invited to the room designated for this, and then two people, among whom the identifiable person will be presented, similar in appearance and clothing (sometimes these people are called "extras"). Witnesses and extras are explained the essence of the upcoming investigative action, their rights and obligations, what exactly they should do during the presentation for identification. After that, an identifiable person is invited (or delivered); the investigator explains to him the purpose of the call and offers to take a place among those presented of his choice. Then an identifying person is called into the room; up to this point, he must be placed so that under all circumstances he cannot see the identifiable person and other persons who will be presented to him.

After the identifying person has entered the room, the investigator explains to him the essence of this investigative action and (if the identifying person is the victim or the witness) warns him of criminal liability for refusing to testify and for giving knowingly false testimony.

Then the identifying person is invited to carefully examine the presented persons, it is explained that he can ask any of them or all of them to stand up, walk around the room, turn sideways or back, etc. After that, the identifying person will have to report whether he recognizes any of the persons presented to him, who exactly and on what grounds.

Of course, the identifying person must not be given any information about the persons presented for identification (their surnames, names, etc.) or in any other way to focus his attention on one of the presented ones.

After the identifying person answers all the questions put to him and, in case of identification, briefly reports where, when and under what circumstances he observed this person or object, the investigator writes down his testimony in the protocol. After that, the investigator turns to the identified person, and then to the other persons presented and to the attesting witnesses with a question whether they want to report anything in connection with the investigative action carried out. All statements relevant to the case are recorded in the minutes.

If the identifying person recognizes someone, he is given the name of the identified person. This is reflected in the protocol.

Identification of people is most often done by their appearance. However, in some cases, a person can be identified by his dynamic (functional) features. Of the dynamic features of a person, the features of voice and speech are most often used for identification purposes. As you know, these signs are relatively constant, have the necessary individuality and change only due to illness or with age.

When presented for identification by voice and speech features, the voice and speech characteristics of those presented should not have significant differences (recall that the signs of speech are its defects, specific turns and words, and the signs of the voice are its height, strength and timbre).

Presentation for identification on these grounds is carried out in two adjacent rooms with an open door between them. In one of these rooms there is an investigator, an identifying person and two witnesses, and in the other - an assistant investigator or an operative, an identifiable person, two extras and another pair of witnesses. All participants are placed in such a way that everything that happens in the adjacent room can be clearly heard in each room, but they cannot see each other. Another placement option is also possible: a large room is divided into two parts by a curtain, again with the expectation that in each part of the room everything that happens in the other is clearly audible, but it is not visible who is there.

The identifiable person himself chooses the sequence of listening to his voice and speech. An assistant investigator or an operative employee conducts a pre-thought-out conversation with each of the presented in turn, trying to ensure that everyone's speech sounds for a sufficiently long time. Depending on the specific circumstances of the case, he may suggest that those presented raise or lower their voice, repeat some phrase, word, sound.

The identifying person listens to the conversation with all three presented; if necessary, he can ask the investigator to continue the conversation with one of them or with all three, so that someone repeats individual words or phrases. After that, the identifying person reports whether he identified someone by voice, if so, who exactly in the order of listening. Both groups are then combined; the identifying person explains by what signs he recognized the voice of this or that person, when and under what circumstances he heard it before. At the suggestion of the investigator, the identified person gives his last name.

Presentation for identification under conditions that exclude the perception of the identifying person by the person being identified is carried out in a similar manner. According to the law, only one pair of witnesses can be used; naturally, the two groups of participants, separated during the investigative action by a partition, do not unite in the future - it is only necessary to inform the presented person whether he is identified or not. The name of the identified person is reported to the identifying person by the investigator.

3.21. The concept of search and seizure. Search types

A search is an investigative action, the content of which is a forced examination of premises and structures, areas of the area and individual citizens in order to find and seize items relevant to the case, as well as to detect wanted persons (Articles 182 and 184 of the Code of Criminal Procedure).

Seizure is an investigative action that consists in demanding and seizing from a person or institution of objects or documents relevant to the case (Article 183 of the Code of Criminal Procedure).

Search and seizure are very effective means of obtaining evidence. At the same time, these investigative actions (especially a search) are associated with an intrusion into the sphere of personal interests of citizens, therefore, when appointing them, the investigator is required to have maximum discretion, and in the course of the conduct it is necessary to strictly comply with the requirements of the law, skillfully use tactics and tactical and forensic recommendations. . An unreasonable search is a gross violation of the law.

The basis for conducting a search is the presence at the disposal of the investigator of sufficient data in order to believe that in any place or in any person there may be instruments of crime, objects or other objects that may be of importance to the case.

A search is carried out on the basis of an investigator's decision, and a search in a dwelling is carried out on the basis of a court decision.

Although both search and seizure are very similar investigative actions, there are significant differences between them. Two main differences are usually cited:

1) items to be discovered and seized during a search may be known to the investigator only approximately (murder weapon) or even completely unknown (objects obtained by criminal means), while the purpose of the seizure is the discovery and seizure of strictly defined objects or documents;

2) during a search, the location of the things to be searched and seized is unknown, and during seizure, objects located in a certain place are confiscated.

Along with this, there are other differences of a procedural and tactical nature. Thus, for the production of a seizure (except for the seizure of postal and telegraph correspondence and documents containing state secrets), the sanction of the prosecutor is not required. An important tactical difference between a search and a seizure is that, although both of these investigative actions begin with the investigator presenting a demand for the issuance of certain items to him, if this requirement is met during the seizure, no searches are made and the seizure ends there; during a search, regardless of whether any objects were given to the investigator or not, the planned search actions, as a rule, are carried out. This is done due to the fact that the investigator, firstly, cannot be sure that he was given all the things of interest to him; secondly, he himself may not know which items from among those located in a given room or with a given person may be of interest to the case under investigation. Of course, if the investigator is completely sure that all objects of interest to the case have been handed over at his request, the search is inappropriate.

There are three main search tasks:

1) discovery and seizure of items of evidentiary value;

2) detection of the wanted person, as well as materials characterizing this person and facilitating his search (letters, diaries, photographs);

3) discovery of property providing compensation for damage.

There is also a fourth, secondary purpose of the search - the seizure of items that cannot be in private circulation (weapons, ammunition, explosives, radioactive substances, potent poisons, precious metals in coins, ingots and raw, etc.).

Search and seizure may be carried out only in connection with an initiated criminal case, if there are sufficient grounds. Such grounds are, first of all, evidence in the case obtained by procedural means (through interrogations, examinations, etc.). However, a search may also be carried out on the basis of data obtained from non-procedural sources, if they do not contradict the case file.

A personal search is possible without issuing a special order in two cases:

1) during detention and arrest;

2) during a search or seizure of the premises, if there is reason to believe that one of those present is hiding objects or documents that are important to the case. It is carried out by a person of the same sex as the person being searched and in the presence of specialists and witnesses of the same sex (Article 184 of the Code of Criminal Procedure).

Types of search vary:

1) for objects - search of premises (home and workplace), area of ​​the area;

2) personal vehicle (car);

3) in sequence - initial (primary) and repeated;

4) by time (in the presence of several suspects or accused) - simultaneous and multi-temporal.

The term "group search", often used in relation to the simultaneous search of several accused or suspects, is clearly unfortunate.

3.23. Search preparation

Preparation for the search consists of the following elements:

1) making a decision to conduct a search;

2) collection of guiding information;

3) determining the time of the search;

4) selection of its participants;

5) preparation of technical means;

6) drawing up a plan.

To make a decision to conduct a search, grounds are needed - factual and procedural. The factual grounds for the search are the availability of data that allows us to assume that in a particular place, a particular person has items that are relevant to the case. The existence of such data (obtained from procedural or non-procedural sources) is necessary because a search on an unreasonable presumption is unacceptable. However, these data cannot be required to be completely reliable, they can be conjectural.

The procedural grounds for the search are the decision of the investigator, and for the search of the dwelling - a court decision. The resolution must indicate which items are to be found; if the investigator or the inquiry workers do not have comprehensive information about them, it is necessary to indicate the generic characteristics of the objects, note their individual properties (hacking tools, clothes with traces of blood, money and valuables, etc.).

Orientation information should be collected whenever time permits. If it is necessary to conduct a search immediately, the investigator is limited to the minimum data that can be obtained without spending time, and receives more detailed information already at the place of the search. Orienting information may relate to the objects of the upcoming search, the items sought and the identity of the searched.

In particular, when preparing for a search in the premises, the following is ascertained: the exact address and location on the ground of the building to be searched; the purpose of the building or its individual parts; the number and composition of persons permanently residing or working in this building or visiting it; the nature of the building, the number of floors, design features, materials from which it is built; approaches to the premises, possible ways of entering it; availability of a telephone and other means of communication; internal layout, arrangement of rooms; availability of furnishings, furniture and other items, their placement, properties and features.

This information can be obtained by studying large-scale maps, land plans, plans of buildings and structures, various inventory materials located in the local administration, house administrations, DEZs, ZhEKs, etc., as well as by interviewing residents and special reconnaissance.

With regard to information about the persons subject to the search, the investigator finds out: the profession and occupation of the person; his inclinations and hobbies (hobbies); lifestyle and mode of work; composition of the family, relationships in the family, and during a search in the office - the composition of the closest employees of the person and the relationship with them; his connections and acquaintances, etc.

Determining the time of the search. A search is an urgent investigative action, and, as a rule, it should be carried out immediately after its necessity has become obvious. Delaying a search allows criminals to destroy traces, hide valuables, and so on. However, along with slowness in preparing for a search, another extreme is no less dangerous - haste and, as a result, the lack of preparation for the search. In some cases, it turns out to be expedient to delay the conduct of the search a little in order to better prepare for it, to lull the vigilance of the persons concerned, to time the search with the performance of some other investigative actions, such as detention.

According to the law, searches must always be carried out during the day, except in cases of urgent delay (the time from 22 pm to 6 am is considered night time). Tactically, it is most expedient to conduct a search in the early morning hours (when it is already light, the searched are at home, the investigator has a large margin of time, etc.).

Search participants are divided into mandatory and optional. Mandatory: investigator or person conducting the inquiry; witnesses; searched or adult members of his family, and in their absence - a representative of the local administration or house management; a representative of an organization (state, public or private) whose premises are being searched. Conducting a search in the absence of these persons is unacceptable. Optional: technical staff (for security, production of various labor-intensive works); specialists; victim; suspect; accused; witness.

There should be several investigators and police officers conducting the search. Conducting a search by one person, as a rule, is pointless. The help of a specialist is usually expressed in the use of search devices (a device for detecting corpses, an X-ray machine), as well as in consultations and taking the necessary safety measures (when working with electrical appliances and various mechanisms). Technical employees perform work requiring special skills (plumber, chimney sweep, diver, excavator).

Preparation of technical means. These include lighting and measuring instruments (portable lamp, flashlight, tape measure, caliper); metalwork tools, as well as shovels, crowbars, picks, etc.; special search tools (probes, magnetic lifts, a metal detector, X-ray equipment, a device for finding buried corpses); means of fixing search results.

3.23. Tactics for searching premises. Extraction order

There are four interrelated stages of the search:

1) preliminary (preliminary measures at the place of the search);

2) overview (general overview of the searched object);

3) detailed (detailed research and searches);

4) fixing the results of the search.

The preliminary stage is the arrival of the investigator at the object being searched, the arrival at the place of the search and the establishment of the necessary order there.

This means that you need to arrive at the object in such a way that it is not noticed by interested parties; in necessary cases, the object should be cordoned off or external guards should be installed. It is very important to get inside the room quickly and without any excesses; to do this, you can use the help of a janitor, an employee of the housing office, a postman, whom the owners of the premises know. Entering the premises, the investigator introduces himself, then gathers all those present in one room and announces to them the purpose of his arrival.

At the same time, according to Art. 182 of the Code of Criminal Procedure, before the start of the search, the investigator presents a resolution on its production or a corresponding court decision.

Next, the identity of all those present and their attitude towards the person being searched is checked. As a rule, all of them remain in the premises until the end of the search, and each of them is monitored. Then all those present are explained their rights and obligations, and the searched person is invited to hand over the items they are looking for.

After that, the review stage begins: the investigator goes around the entire place of the search, finds out the location of the storage facilities, identifies the most probable storage points for the desired, areas that require the most complex and time-consuming search work. At the same time, a search plan is outlined and refined, responsibilities are distributed between searchers, and the sequence and tactics of conducting searches are specified.

The most complex and time-consuming is the detailed stage of the search, during which the search is carried out directly. In this case, various methods (tactics, methods) can be used.

1. Sequential or sample survey. During a sequential survey, the investigator systematically moves in a certain direction, carefully studying each section of the room or area with all the objects located on it; in other words, a continuous search is performed. During a selective survey, not all sites and objects are studied, but only those of them where, in the opinion of the investigator, the storage of the desired is most likely, i.e. a selective search is performed.

2. Single or group search (depending on the number of searchers). It has already been noted above that a single search is usually inefficient; The group should include several people, at least two. Group search (if the group consists of two people) can be joint or separate: in the first case, both participants walk side by side, simultaneously inspecting each object, in the second they move separately and act independently. Joint search is more reliable, but requires more time.

3. Parallel or counter examination. In a parallel survey, two searchers move parallel to each other along opposite walls or site boundaries, gradually approaching the center; when facing each other, they move towards each other.

4. Comparison of homogeneous objects is used to reveal differences in the thickness of the cabinet walls, the depth of sideboard drawers, etc. (there may be hiding places in the thickened walls and under the double bottom of the boxes). Comparison also reveals the difference in the color of the walls, the condition of the plants on the same bed (withered plants may indicate that something is buried under them), recently hammered and therefore not rusty nails in the floor boards, etc.

5. Measurements also reveal inconsistencies in the thickness and volume of various objects, which indicates the presence of caches in them.

6. A micro-search consists in a thorough inspection of suspicious places and objects with a magnifying glass to identify changes that indicate that the desired is stored in this place or object.

During a search, any premises can be opened if the owner voluntarily refuses to open them, violation of the integrity and even destruction of individual objects is allowed (for example, you can raise floors, open walls, dismantle furniture), but this requires grounds: procedural, results of operational measures, direct observation during the search. It must be remembered, however, that Art. 182 of the Code of Criminal Procedure expressly prescribes avoiding unnecessary damage to property, as well as publicizing the circumstances of the personal life of the searched, personal and family secrets.

What exactly and how to investigate is determined by the nature of the searched premises and the objects sought. In particular, walls, floors, window sills are examined (there may be hiding places), door locks are removed, furniture is carefully examined (while the seats are pierced with a long needle), etc. Measuring, tapping, careful inspection of sections of the searched premises and individual items are used.

The search protocol must indicate where and under what circumstances the objects sought were found, whether they were given voluntarily or seized forcibly. All seized items, documents and valuables must be listed with an exact indication of their quantity, measure, weight of individual characteristics and, if possible, cost. If during the search attempts were made to destroy or hide certain objects, this is recorded in the protocol and the measures taken by the investigator are indicated. A copy of the protocol is handed over to the person being searched, or to an adult member of his family, or to a representative of the administration of the relevant organization.

The seizure of items and documents containing state or other secrets protected by federal law is carried out by the investigator with the sanction of the prosecutor, and documents containing information on deposits in banks and other credit organizations - on the basis of a court decision.

Prior to the commencement of the seizure, the investigator proposes to hand over the items or documents to be seized, and in case of refusal, the seizure is forcibly carried out. The seizure of postal and telegraph correspondence in communications institutions is usually carried out with the participation of attesting witnesses from among the employees of these institutions.

3.24. The concept of checking evidence on the spot. Preparing for it

In accordance with Art. 194 of the Code of Criminal Procedure, in order to establish new circumstances that are relevant to the criminal case, the testimony given by the previously suspected or accused, as well as the victim or witness, can be checked or clarified on the spot associated with the event under investigation.

Checking testimony on the spot is an investigative action that consists in showing the place and objects related to the event under investigation by the previously interrogated person, simultaneously testifying about this event and demonstrating individual actions in order to verify existing and obtain new evidence.

Checking the testimony on the spot is a complex action. In the course of it, testimony is given, the situation of the scene of the event is studied and recorded, sometimes experiments are carried out (usually to check the possibility of performing any actions), individual traces and material evidence are searched. Thus, in the verification of testimony on the spot, elements of a number of other investigative actions are combined - interrogation at the scene, inspection of the scene, investigative experiment, presentation of premises or areas of the terrain for identification, search. It is the combination of elements of several investigative actions that makes verification of testimony on the spot an effective means of obtaining evidence. At the same time, it is fundamentally different from each of the named investigative actions both in criminal procedure and in forensic relations.

The preparation for on-site verification of readings consists of a number of elements. During the preliminary interrogation of the person whose testimony is supposed to be verified, it is necessary to ascertain that person's knowledge of the place where the event occurred, the route to this place, as well as the readiness of the interrogated person to take part in the verification of testimony on the spot. Usually all this is clarified during the initial interrogation; in some cases, if these questions were not reflected in the protocol of the initial interrogation, a special additional interrogation may be conducted.

It is very important to find out the true intentions of the suspect or the accused who agrees to participate in the verification of evidence on the spot. It should be borne in mind that the purpose of this person can be both a sincere desire to prove his remorse, and an attempt to escape, establish contact with accomplices who remained at large, destroy traces or material evidence at the scene, etc. Therefore, when deciding to conduct this investigative action, it is necessary to take into account the totality of information about the nature of the crime under investigation, the place where the verification is supposed to be carried out, and especially about the identity of the suspect or accused.

When choosing the time for verifying testimony on the spot, one must proceed only from the fact that it should be carried out during the day. However, in some cases, verification of testimony on the spot has to be carried out at certain hours - if, for example, this is connected with establishing the capabilities of the person whose testimony is being checked, show the route of movement and navigate in the situation in the evening or at night, or if it is necessary to choose the moment when this or that place is not crowded, there is no traffic, etc.

During the preliminary reconnaissance, the investigator finds out the location of the scene of the event, the route of movement to it, determines where and what kind of guards should be placed. At the same time, one should not draw the attention of local residents to the upcoming investigative action.

After reconnaissance, a plan is usually drawn up to verify the testimony on the spot. It is necessary to clearly define the time and place of the check, the composition of the participants, the vehicles and technical means that are supposed to be used, as well as the tactics of its conduct - the starting point from where the group will go to the checkpoint, the order of movement and work on the spot, the exact timing. The plan may be accompanied by graphic schemes of the movement and accommodation of participants.

Participants in the verification of testimony on the spot are divided into mandatory and optional. The mandatory participants include: investigator; the person whose testimony is supposed to be verified (victim, witness, suspect, accused); witnesses. Optional participants can be: a specialist, police officers who carry out security; in necessary cases - the inspector-canine handler.

Of the optional participants, experts play the most important role in verifying testimony on the spot. Most often, the assistance of a forensic specialist is used, which ensures the fixation of the progress and results of verification of testimony on the spot using technical means, as well as the identification and seizure of traces and material evidence.

As vehicles (if the movement of the group to the event site on foot is difficult due to its remoteness or impractical), a car or a small bus is usually used. It is preferable to use the bus, as this makes it possible to take photos and videos along the way.

Among the technical means used when checking testimony on the spot are: search (device for detecting corpses, probe, metal detector, magnetic lift) and means of fixing the course and results of an investigative action (camera, tape recorder, video camera).

3.25. Tactics for verifying testimony on the spot

Checking testimony on the spot is always carried out in the presence of attesting witnesses. The person whose testimony is being verified must first confirm his consent to participate in this investigative action. During the inspection, actions that degrade the honor, dignity or health of participants are not allowed.

If it is necessary to verify the testimony of several persons in the same case, each such action is carried out separately; communication of persons whose testimony is supposed to be verified on the spot is, if possible, not allowed.

Any hints to the person whose testimony is being verified, leading questions on the part of the investigator or other participants in the verification of testimony on the spot, or actions that can be interpreted in this way are completely unacceptable.

During the inspection, the necessary search actions are carried out in order to detect material traces of the crime; if at the same time it is possible to detect any objects, they can be examined both at the place of discovery and in another place.

The most appropriate procedure for conducting verification of testimony on the spot. First, its participants (except for the person whose testimony is subject to verification) are collected in the investigator’s office or in another place and they are instructed: they explain the purpose of the investigative action, the tasks of each participant, their rights and obligations, the procedure for the forthcoming work. Then you should invite the main participant. He is also explained the purpose of the investigative action, once again asked about his readiness to show the place of the event and tell what happened there. In the case of a positive answer, the witness or the victim is warned about criminal liability for refusing to testify and for giving knowingly false testimony. After that, this person, together with other participants in the check, is offered to go to the place of the event or get into a car and explain to the driver how to get there.

The person whose testimony is being checked chooses the route of movement, determines the areas and objects in relation to which he will give evidence, and the other participants should not interfere with this. This person goes a little ahead of the group, indicating the route and giving the necessary explanations. In order to prevent escape or other excesses, the suspect or accused is usually handcuffed.

During the verification of testimony on the spot, the investigator may ask to stop, so that the person whose testimony is being verified could tell about what happened here in more detail. Stops are also made to search for traces and objects, to take photographs. All participants in the audit may ask questions only with the permission of the investigator.

Providing the person whose testimony is being verified with the necessary initiative, the investigator remains the head of the investigative action. He must promptly resolve all organizational issues, at any moment fully control the entire course of verification of testimony on the spot. When receiving the necessary information, the investigator is obliged to constantly evaluate it and compare it with the situation at the place of the event, with the testimony given by this person earlier, as well as with other evidence collected in the case. If any contradictions are identified, the investigator must, by posing appropriate questions, seek to eliminate these contradictions. In addition, the investigator takes the necessary search actions to identify material evidence and fix it, examines the traces and objects found. He must be ready to immediately stop possible attempts by the suspect or the accused to impede the course of the investigation, to achieve any illegal goals, etc.

If there is reason to believe that the suspect or accused may attempt to escape during the verification of evidence on the spot, additional precautions are taken. He is, as already noted, handcuffed; when traveling in a car, place it in the back seat. Good results are also given by the inclusion of an inspector-canine handler with a dog in the group.

3.26. Control and recording of negotiations

According to Art. 186 of the Code of Criminal Procedure, if there are sufficient grounds to believe that telephone and other conversations of the suspect, the accused and other persons may contain information relevant to the case, during the investigation of cases of grave and especially grave crimes, on the basis of a court decision, control and recording of negotiations are allowed.

If there is a threat of violence, extortion and other criminal acts against the victim, witness, their relatives and friends, control and recording of negotiations is allowed upon written statements of these persons, and in the absence of an application - on the basis of a court decision.

In the petition of the investigator for the production of control and recording of negotiations, in particular, are indicated: the grounds for conducting this investigative action; surname, name and patronymic of the person whose negotiations are subject to control and recording; the period during which listening and recording will be carried out; authority to which the execution of this action is entrusted.

Control and recording of conversations can be set for up to six months. They are terminated by order of the investigator, but no later than the end of the investigation of the case.

During the entire period of control and recording of conversations, the investigator may at any time demand from the body performing this investigative action a phonogram for examination and listening. The phonogram is handed over to the investigator in a sealed form with a cover letter, which indicates the start and end time of the recording and information about the technical means used.

The investigator, with the participation of attesting witnesses and, if necessary, a specialist, as well as persons whose conversations were recorded, draws up a protocol on the results of the examination and listening to the phonogram. The protocol must contain word for word that part of the audio recording which, in the opinion of the investigator, is relevant to the case. The persons participating in the examination and listening to the phonogram have the right to state their comments in the same protocol (or separately),

The phonogram is attached to the case as material evidence and is stored in a printed form with the case.

The objectives of monitoring and recording conversations are:

▪ obtaining information about the circumstances to be proven in a criminal case;

▪ identification of persons involved in the commission of the crime; places where wanted criminals are hiding; places of concealment of stolen goods and instruments of crime;

▪ immediate use of the information received to ensure the safety of citizens, protect their legal rights and interests of the state.

After the specialists have carried out the necessary technical preparation, the recording of telephone conversations goes automatically. The tactics of this investigative action actually boils down to deciding whether the conversations themselves should be directly listened to in parallel with their audio recording (around the clock or for a certain time, for example, when a particular person is at home) or only the recording will be listened to periodically. The answer depends on the nature of the crime under investigation and the situation. Of course, direct wiretapping is much more effective, since it allows you to receive the necessary information in a timely manner and immediately carry out ORM and investigative actions, as well as ensure reliable protection of victims and witnesses.

3.27. The concept, types and significance of samples for a comparative study

In order to reach the truth in a case, it often turns out to be necessary to compare certain objects; most often, such a comparison is carried out during the identification examination. Obtaining samples for comparative study usually precedes the identification examination; This is an investigative action that is of an auxiliary nature.

Samples for comparative research can be defined as material objects used for comparison with traces and material evidence in order to identify these traces or material evidence, establish their family or group affiliation, as well as establish other circumstances relevant to the case under investigation.

Classification of samples. By origin (depending on the time and conditions of occurrence), the samples are divided into free, conditionally free and experimental. Free samples are objects that have arisen or created not for the purpose of comparative research, even before the initiation of a criminal case. Conditionally free are objects that were created or arose as a result of natural processes after the initiation of a criminal case, but also not for the purposes of comparative research, not in connection with the investigation of the case. Finally, experimental samples are material objects that the investigator receives after the initiation of a case in the manner prescribed by Art. 202 Code of Criminal Procedure.

Thus, obtaining experimental samples for a comparative study is an investigative action that consists in obtaining, in the manner prescribed by law, from a suspect, accused, witness, victim of objects that are products of their activity or the vital activity of their body, as well as in obtaining other objects necessary for comparison with traces or material evidence, in order to identify or establish the generic or group affiliation of these traces or material evidence.

Samples are used in carrying out not only those examinations that are traditionally classified as forensic, but also others. Thus, samples of blood, saliva, sperm are used in the conduct of a forensic medical examination of physical evidence; samples of various goods and products - during forensic technical and forensic commodity examinations; grain samples - for forensic agrotechnical, soil - for forensic biological or soil science examinations, etc. In such cases, as mentioned above, it is usually not identity that is established, but the same or different generic or group affiliation of the compared objects.

When obtaining samples for a comparative study, methods that are dangerous to life and health of a person or degrading his honor and dignity should not be used.

The investigator issues a decision on the receipt of samples. In necessary cases, samples are taken with the participation of specialists, but the investigator is obliged to be present and draw up an appropriate protocol. If obtaining samples from a person of a different sex is accompanied by actions of an intimate nature, the investigator draws up a protocol according to the doctor.

In cases where the receipt of samples is part of a forensic examination, it is carried out by an expert who reflects in his opinion information about the production of this action.

3.28. The concept and types of forensic examinations

Forensic examination is an investigative action consisting in the production, in the manner prescribed by law, of research of certain objects by specialists in science, technology, art or craft and their giving opinions on issues that arise during the investigation of criminal cases (Articles 195-207 of the Code of Criminal Procedure) .

Forensic examinations can be classified on various grounds. The first basis for classification is by branches of knowledge or by the nature of the special knowledge used in conducting the examination. Since expertise can be very diverse in areas of knowledge, they are usually divided into classes, genera, types and subtypes.

The most important class are traditional forensic examinations. This is a group of forensic examinations carried out using special knowledge and techniques based mainly on the provisions of forensic technology. Forensic examinations are divided into the following types:

▪ forensic and traceological examinations. All trace examinations fall into this category. For purely practical purposes, due to its special significance for the detection and investigation of crimes, fingerprint examination is sometimes allocated to a special group;

▪ forensic examinations of firearms, ammunition and gunshot traces (forensic ballistic);

▪ forensic examinations of bladed weapons;

▪ forensic handwriting examinations;

▪ forensic technical examination of documents;

▪ forensic portrait examinations;

▪ forensic phototechnical examinations.

Sometimes forensic examinations are called author's examinations, the task of which is to establish, through the study of various documents of their authors. However, with the help of forensic examination, it is possible to establish only the executor of the document; As for the questions that are usually put to experts when establishing the author of a document (whether a particular person is the author of the document; whether the language of the document is native to the author; what is his native language; what is the educational level of the author of the document, etc.), then to answer they require special knowledge in linguistics, psycholinguistics and other sciences that are very far from forensic science. Such examinations are usually complex.

The next class of forensic examinations is the examination of substances, materials and products. These include the following examinations:

▪ fibers, fibrous materials and products made from them;

▪ fuels and lubricants and petroleum products;

▪ paints and coatings;

▪ metals, alloys and products made from them;

▪ narcotic drugs;

▪ food products;

▪ polymeric materials, plastics and products made from them;

• glass, ceramics and products from them;

▪ tobacco, shag and some others.

Objects for these examinations are most often submitted for research in microquantities - in the form of microparticles separated from the whole, as well as microtraces - reflections of the external structure of the corresponding objects. In the process of research, physical, chemical, biological and other methods are usually used.

Of great importance in the investigation (especially in cases of crimes against the person) are examinations related to the class of forensic medicine. These include:

▪ forensic medical examinations of people (or forensic medical examinations), carried out to determine the state of health, the severity of bodily injuries, age, presence of alcohol or drug intoxication, etc.;

▪ forensic medical examinations of material evidence (blood, saliva and other human secretions, hair, etc.), which are usually found at the scene of an incident and at other objects; the purpose of such examinations is to identify the person who left the trace, as well as the mechanism of the event;

▪ forensic medical examinations of corpses (mainly to establish the causes of death and various circumstances related to the death of a person);

▪ forensic psychiatric examinations.

When investigating economic crimes, examinations that belong to the class of forensic-economic are often carried out. These also include forensic accounting and forensic merchandising examinations.

The class of forensic engineering and technical expertise includes:

▪ forensic and automotive technical examinations;

▪ forensic engineering and transport examinations (both of them examine the causes and circumstances of accidents on all types of transport);

▪ forensic fire-technical examinations;

▪ forensic construction and technical examinations;

▪ forensic explosive examinations.

The class of forensic biological examinations includes, depending on the nature of the objects under study, forensic botanical and forensic zoological examinations.

Independent classes include forensic soil science, forensic videophonographic and some other examinations.

Forensic examinations are divided not only by branches of knowledge. The second basis for their classification is by repetition. There is a distinction between primary and secondary examinations. A re-examination is appointed if the investigator has doubts about the validity of the conclusion of the initial examination (if, in the opinion of the investigator, the expert turned out to be insufficiently competent, an incorrect research methodology was chosen, the expert used imperfect equipment, etc.). A re-examination may also be appointed to verify the conclusion of the primary examination. It is entrusted to another or other experts (Article 207 of the Code of Criminal Procedure).

Another basis for the classification of forensic examinations is according to the scope of the study. There are basic and additional examinations. An additional expert examination is appointed in cases where the conclusion of the main expert examination is not in doubt in terms of validity and reliability, but in the course of the investigation it became necessary to put any new questions to the expert, when new materials appear, etc. As a rule, it is advisable to entrust an additional examination to the same expert who conducted the main one, since he is already familiar with the material, has worked out the research methodology and will not waste extra time on this.

Based on the number of persons participating in the examination, individual examinations and commission examinations are distinguished. Single examinations are carried out by one, commission examinations - by two or more experts. Commission examinations are appointed (Article 200 of the Code of Criminal Procedure) in cases of great complexity or large volume of research. They involve experts of the same specialty who jointly sign the conclusion.

By the nature of the knowledge used, examinations can be homogeneous and complex. Comprehensive examinations (Article 201 of the Code of Criminal Procedure) are carried out by experts of different specialties, although, in principle, this kind of examination can be carried out by one person if he is a specialist in different fields of knowledge. Each of the specialists participating in the study signs his section of the conclusion; the final conclusion is usually signed by all experts.

In recent years, with the complication of questions that are put to the permission of experts, the proportion and importance of comprehensive examinations in practice are increasing. Comprehensive examinations are often ordered in cases of road accidents, crimes involving explosive devices, and many others.

In addition to those listed above, there may be other grounds for classifying examinations. In particular, there are mandatory and optional examinations, identification and diagnostic, etc.

3.29. System of expert institutions of Russia

In the Russian Federation, specialized institutions where forensic examinations are carried out are concentrated in various departments: the Ministry of Internal Affairs of Russia, the Ministry of Justice of Russia, the Ministry of Health and Social Development of Russia. There are also corresponding institutions in the Russian Ministry of Defense, the Russian Federal Security Service and some other departments (they serve only these departments). In addition, forensic examinations can be carried out by specialists who do not work in expert institutions.

If the investigator entrusts the examination to the appropriate expert institution, then the selection of a particular expert is carried out by the head of this institution (depending on the complexity of the upcoming study, the training and experience of a particular employee, his workload at the moment, etc.). The head is also obliged to warn the expert about criminal liability for giving a knowingly false conclusion. If the examination is carried out outside the expert institution, the investigator himself selects an expert and personally warns him of liability under Art. 307 of the Criminal Code.

In the system of the Ministry of Internal Affairs of Russia, the organizational and scientific and methodological management of all expert units is concentrated in one body - the Forensic Expert Center (ECC) of the Ministry of Internal Affairs of Russia. It conducts particularly complex and repeated examinations, as well as examinations on the most important criminal cases, including those being processed by investigators of the Investigative Committee under the Ministry of Internal Affairs of Russia. The employees of the ECC, in addition to forensic, also conduct forensic examinations of substances, materials and products, forensic engineering and technical, forensic soil science, some types of forensic and other examinations.

In the republics that are part of the Russian Federation, some territories, regions and large cities there are forensic centers (ECC) at the Central Internal Affairs Directorate, the Department of Internal Affairs.

In the system of the Ministry of Justice of Russia, the organizational management of expert institutions is carried out by the Department of Forensic Expert Institutions, and the scientific and methodological management is carried out by the Russian Federal Center for Forensic Examinations (RFTSSE). The RFTSSE conducts the most complex and repeated examinations of almost all types on behalf of the courts and investigators of the prosecutor's office, as well as primary examinations of cases pending in the courts and prosecutor's offices of Moscow, Moscow and several other central regions of Russia.

There are two regional forensic examination centers in the republics, territories and regions: North-West (in St. Petersburg) and Southern (in Rostov-on-Don), as well as forensic examination laboratories serving several adjacent regions or one large region, their branches and groups of experts that serve the judicial and prosecutorial bodies of relatively small regions.

The systems of forensic medical and forensic psychiatric expert institutions in Russia are under the jurisdiction of the Russian Ministry of Health and Social Development. Scientific and methodological management of forensic medical expert institutions is carried out by the Scientific Research Institute of Forensic Medicine; it conducts particularly complex and repeated examinations, as well as relevant scientific research. On the ground, such examinations are carried out in the bureau of forensic medical examinations; in particular, in Moscow there is a Bureau of Forensic Medical Examination of the Main Department of Health of the city.

The head institution providing scientific and methodological guidance, as well as the production of the most complex examinations in the field of forensic psychiatry, is the State Scientific Center for Social and Forensic Psychiatry. V.P. Serbian. On the ground, stationary forensic psychiatric examinations are carried out in forensic psychiatric departments (wards) of psychiatric hospitals, and outpatient examinations - by specially created permanent commissions at forensic psychiatric institutions.

3.30. Preparation and appointment of forensic examinations

When preparing and appointing an examination, the investigator needs to resolve a number of issues, and above all the question of the appropriateness of its appointment.

According to the law (Article 196 of the Code of Criminal Procedure), in some cases, forensic examinations must be carried out without fail. The appointment and production of an examination is mandatory if it is necessary to establish: the causes of death; the nature and degree of harm caused to health; the mental or physical state of the suspect, the accused, when there is doubt about his sanity or ability to independently protect his rights and legitimate interests; the mental or physical state of the victim, when there is doubt about his ability to correctly perceive the circumstances relevant to the case and testify; the age of the suspect, the accused, the victim, when it is important for the case, and documents on age are missing or in doubt.

If an examination is not mandatory by law, it should be ordered in cases where it is impossible to establish the circumstances of the case with the help of other means of proof, or when the evidence available to the investigator is incomplete or contains contradictions. At the same time, one should bear in mind the general rule: if the help of specialists can be used in the investigation of a case, this possibility should be realized.

An expert examination is appointed immediately, as soon as the need for its appointment becomes obvious. If the investigator has all the necessary materials at his disposal, a delay in scheduling an expert examination may lead to an increase in the duration of the investigation. Therefore, it is necessary to obtain the relevant materials as soon as possible and appoint an examination.

Choosing the right expert institution or expert is of great importance. In this case, it is necessary to take into account the specifics of the objects, the complexity of the issues that are put up for resolution, the capabilities of one or another expert institution, etc. Most often, forensic examinations are carried out in state expert institutions; then the head of the institution entrusts the production of the study to a specific expert and resolves all organizational issues. If the examination is not carried out in an expert institution, the investigator himself invites the expert or goes to him, finds out his competence, hands the expert a resolution and all the objects necessary for the examination, explains the rights and obligations and warns the expert about the responsibility for giving a deliberately false conclusion. .

In accordance with Art. 195 of the Code of Criminal Procedure, the investigator, having recognized the need for an expert examination, issues a decision on this. To resolve the issue of placing a suspect or accused who is not in custody in a hospital for the production of a forensic medical or forensic psychiatric examination, a petition is filed with the court.

The resolution or petition must contain: the grounds for the appointment of an examination; surname, name and patronymic of the expert or the name of the expert institution; questions put to the expert, materials placed at his disposal.

The investigator must familiarize the suspect, the accused and his defense counsel with the decision and explain to them their rights against receipt in a special protocol.

An expert examination in relation to the victim, as well as in relation to the witness, is appointed only with their (or their legal representatives) written consent, except in cases where it is necessary to establish the physical or mental condition of the victim or his age.

The investigator has the right to be present during the examination and receive explanations from the expert regarding his actions. The fact that the investigator was present during the examination is reflected in the expert's opinion.

According to Art. 198 of the Code of Criminal Procedure, the suspect, the accused and his defense counsel have the right: to get acquainted with the decision on the appointment of an expert examination; challenge an expert or apply for an expert examination in another expert institution; apply for the involvement as experts of the persons indicated by them or for the production of an examination in a particular institution; request additional questions to the expert; be present with the permission of the investigator during the examination; give explanations to the expert; get acquainted with his conclusion, as well as with the protocol of his interrogation.

The witness and the victim, in respect of whom the examination was carried out, have the right to get acquainted with the conclusion of the expert. The victim also has the right to get acquainted with the resolution on the appointment of an expert examination, challenge the expert or apply for the performance of an expert examination in another expert institution.

The resolution on the appointment of an examination consists of three traditional parts: introductory, descriptive and resolutive.

The introductory part indicates: where, when, who issued the decision (position, title, name of the investigator), in which case (case number, name of the accused, articles of the Criminal Code).

The descriptive part briefly sets out the circumstances of the case in connection with which the expert examination was appointed, as well as the circumstances of the discovery of material evidence or the receipt of samples for comparative research.

The operative part indicates which examination is assigned (genus, type), which specific institution or person is entrusted with its conduct, in addition, questions are given to the expert, and it is also indicated which objects are sent for examination. The physical evidence and samples provided to the expert for comparative research must be described in sufficient detail, so that they can be individualized, distinguished from a number of similar ones. The packaging of objects is also described in detail.

The questions put to the experts should not go beyond the expert's special knowledge; they should not be of a legal nature. Questions about the existence of corpus delicti, the guilt or innocence of a certain person can only be resolved by the investigator or the court.

Questions should be clear, specific, as short as possible and not ambiguous. They are presented in a certain sequence: first, more general questions are formulated, the positive solution of which determines the solution of other, less general ones.

If several objects are sent for research, it is recommended to group questions by objects.

3.31. Process of peer review and evaluation of its results

The process of expert research consists of several stages (stages).

The first stage is preparatory, or preliminary research. During this stage, the expert gets acquainted with all the materials received from the investigator, understands the objectives of the study, conducts a general inspection of the objects, also paying attention to the packaging, in particular the integrity of the packaging, determines the methodology for the upcoming study, selects and prepares equipment, and, if necessary, receives investigator for additional clarifications or missing materials. The expert may also consult relevant literature.

The second stage of expert research is analytical, or detailed research. At this stage, the expert studies and evaluates the characteristics of objects that are important for resolving the issues formulated in the resolution (on the basis of which it is possible to individualize objects, determine their composition, origin, etc.). First, relevant signs are identified, recorded, and then carefully studied.

When conducting identification examinations, two objects are usually studied: the direct object of examination (a handwritten or typewritten document, traces of hands on an object, a spent bullet or cartridge case, etc.) and a sample for comparison. The analysis usually begins with the immediate object of the examination; the expert first analyzes the generic features of the object, then the specific features, and finally the individual ones.

At the end of the analytical stage (detailed study), the expert makes a conclusion about the sufficiency of the existing set of features for judging the identity, presence or absence of any fact. Sometimes (if the expert comes to the conclusion that it is impossible to individualize the object), the study ends there. If the objects are suitable for research, the next stage of the forensic examination begins. Such a stage can be an expert experiment (optional stage) or a comparative study.

An expert experiment is usually carried out during non-identification examinations, when it is necessary to check the assumptions about the mechanism for the formation of traces, to find out the possibility of any phenomena (the possibility of firing from a specific barrel of a firearm, the degree of elasticity of the blade, etc.). It can also be carried out during forensic identification examinations - for example, to obtain comparative material (a sample of a fired bullet or cartridge case).

Comparative research, as a rule, consists of two stages: the first is a comparison of common characteristics, as a result of which one can conclude either that objects are different or that they belong to the same genus, species and group; the second is a comparison of particular characteristics, on the basis of which the expert can draw a conclusion about the presence or absence of identity of objects.

A comparative study is most often carried out using special optical devices (for example, microscopes of various modifications).

At the final stage of the expert study, the expert formulates conclusions and draws up the examination materials in the form of a conclusion, and, if necessary, also annexes to it (photo tables, diagrams, graphs, calculations, etc.).

There are three parts in the expert's conclusion: introductory, research and final.

In the introductory part, the expert indicates his data (last name, first name, patronymic, position, specialization, length of service as an expert), grounds for conducting an expert examination (by whom, when and in what criminal case the decision was made), type of examination, circumstances of the case related to research. Then the questions posed to the expert are listed.

The research part of the conclusion describes in detail the materials submitted for examination, and the entire process of the study, indicating the methods, equipment, etc. used. In the final part, conclusions are presented in the form of answers to the questions posed.

The conclusions of the expert can be categorical and probable. The conclusion, with its categorical conclusions, is the source of evidence; conjectural conclusions, since they testify to the fundamental possibility or impossibility of the existence of a particular fact or circumstance, also have a certain evidentiary value.

The assessment of the expert's opinion, like any other evidence, is made by the investigator or the court on the basis of its analysis, comparison with other evidence collected in the case, verification of the reliability of the conclusions. The necessary requirements for the conclusion are: consistency, consistency and clarity of presentation, a detailed description of the study and a fairly complete justification for each conclusion.

When evaluating the conclusion, the investigator, in particular, takes into account:

▪ whether sufficient material was provided to the expert to give an opinion; whether these materials correspond to the objectives of the study; whether the facts established through investigative means on which the expert’s conclusions are based are reliable;

▪ whether all submitted materials have been examined by an expert, and whether all necessary research methods have been applied;

▪ are the expert’s conclusions on each issue justified, do they follow from the research results, are there any contradictions in them;

▪ whether the expert has gone beyond the limits of his competence, whether he does not give legal assessments of the facts, whether he does not resolve issues that require special knowledge from another field of knowledge;

▪ whether the requirements of the criminal procedure law were observed during the examination; whether the explanations of the accused and other interested parties have been taken into account; whether the procedural form of the conclusion has been violated;

▪ whether the expert’s conclusions contradict other evidence collected in the case, what are the reasons for these contradictions, etc.

If the investigator recognizes the conclusions of the expert as unreliable, erroneous, he must indicate this in his decision on the appointment of a re-examination, setting out the reasons.

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

<< Back: 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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