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Criminalistics. Lecture notes: briefly, the most important

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Table of contents

  1. Accepted abbreviations
  2. Introduction to Forensic Science (The concept and subject of forensics. Tasks of forensics. System of forensics. System of forensics. Methods of forensics. Concept and scientific foundations of forensic identification. Objects of forensic identification. Their properties and characteristics. Forms and types of forensic identification. Concept of forensic diagnostics)
  3. 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)
  4. Forensic tactics (The concept and content of forensic tactics. Tactical and forensic techniques and recommendations. Tactical and operational-tactical combinations. The concept and types of investigative examination. Inspection of the scene of an incident. Preparation for its implementation. Working (research) stage of inspection of the scene of an incident. Recording the progress and results of the inspection scene of the incident. Tactics of examining a corpse at the place of its discovery. Exhumation. Inspection of objects and documents. Concept, general procedure and types of interrogation. Preparation for interrogation. Tactics of interrogation of witnesses and victims (interrogation in a conflict-free situation). Tactics of interrogation of suspects and accused (interrogation in a conflict situation). Recording the progress and results of the interrogation. The concept of confrontation. Tactics of its implementation. The concept and types of investigative experiment. Preparation for conducting an investigative experiment. Tactical techniques of an investigative experiment. Concept, general rules and types of presentation for identification. Preparation for presentation for identification. Presentation tactics for identifying people. The concept of search and seizure. Types of search. Preparing for a search. Tactical techniques for searching premises. Removal order. Concept of checking readings on site. Preparation for its implementation. Tactical techniques for checking readings on the spot. Control and recording of negotiations. Concept, types and significance of samples for comparative research. Concept and types of forensic examinations. System of expert institutions of Russia. Preparation and appointment of forensic examinations. The process of expert research and evaluation of its results)
  5. Organization of detection and investigation of crimes (The concept and essence of a version. Types of versions. The order of construction and verification of versions. The concept and principles of investigation planning. Types and forms of plans. Forensic registration)
  6. Methodology for investigating certain types and groups of crimes (forensic methodology) (The concept and system of methods for investigating certain types and groups of crimes. The concept and essence of the forensic characteristics of crimes. The concept of an investigative situation. The value of typical investigative situations in the detection and investigation of crimes. Criminalistic characterization of murders. Typical situations and the program of actions of the investigator at the initial stage of the investigation of murders. Peculiarities of inspection of the crime scene in cases of murders. Murder forensics. Forensic characteristics of rape. Typical situations and the program of actions of the investigator at the initial stage of the investigation of rape. Examinations in cases of rape. Forensic characteristics of robberies and assaults. Typical situations and the program of actions of the investigator at the initial stage of the investigation of robberies and assaults. Forensic characteristics of theft. Typical situations and the program of actions of the investigator at the initial stage of the investigation of thefts. Features of the inspection of the scene in cases of theft from the premises. Forensic characteristics of fraud. Typical situations and the program of actions of the investigator at the initial stage of the investigation of fraud. Fraud investigations. Forensic characteristics of extortion. Typical situations and program of actions at the initial stage of the investigation of extortion. Forensic characterization of misappropriation or embezzlement of another's property. Tactics of search and seizure in cases of misappropriation or embezzlement of other people's property. Examinations in cases of misappropriation or embezzlement of other people's property. Criminalistic characteristics of bribery. Typical situations and the program of actions of the investigator at the initial stage of the investigation of bribery. Forensic characteristics of the manufacture or sale of counterfeit money or securities. Typical situations and the program of actions of the investigator at the initial stage of the investigation of the manufacture or sale of counterfeit money or securities. Forensic characteristics of crimes related to illicit trafficking in narcotic drugs or psychotropic substances. Examinations in cases of crimes related to the illegal circulation of narcotic drugs or psychotropic substances. Forensic characteristics of arson and criminal violations of fire safety rules. Features of initiating criminal cases on arson and criminal violations of fire safety rules. Features of the inspection of the scene of the incident in cases of arson and criminal violations of fire safety rules. Examinations in cases of arson and criminal violations of fire safety rules. Criminalistic characteristics of hooliganism. Typical situations and the program of actions of the investigator at the initial stage of the investigation of hooliganism. Forensic characteristics of traffic accidents. Typical situations and the program of actions of the investigator at the initial stage of the investigation of an accident. Examinations on cases of road accidents. Features of interrogation of minors. Features of the investigation of crimes committed by members of organized criminal structures.

Accepted abbreviations

Gzh - flammable liquids

STSI - State Road Safety Inspectorate

GOVD - city department of internal affairs

State supervision - State Fire Service

Fuels and lubricants - fuels and lubricants

Police department - Main Department of Internal Affairs

Accident - traffic accident

ZIC - zone information center

IC - information centre

LVZH - flammable liquids

LOVDT - linear department of internal affairs on transport

Ministry of Internal Affairs of Russia - Ministry of Internal Affairs of the Russian Federation

Ministry of Justice of Russia - Ministry of Justice of the Russian Federation

Ministry of Health and Social Development of Russia - Ministry of Health and Social Development of the Russian Federation

Ministry of Defense of Russia - Ministry of Defense of the Russian Federation

Russian Emergency Situations Ministry - Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters

ATS - internal affairs bodies

ORM - operational search activities

ROVD - regional department of internal affairs

RF - Russian Federation

ATC - Department of Internal Affairs

Criminal- Criminal Code of the Russian Federation dated 13.06.1996 No. 63-FZ

CPC - Code of Criminal Procedure of the Russian Federation of December 18.12.2001, 174 No. XNUMX-FZ

FSB of Russia - Federal Security Service of the Russian Federation

CBR - Central Bank of the Russian Federation

Topic 1. INTRODUCTION TO THE COURSE OF FORENSICALISTICS

1.1. The concept and subject of criminology

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

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

1) regularities of the crime mechanism;

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

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

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

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

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

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

▪ criminal result;

▪ the circumstances of the crime;

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

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

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

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

1.2. Forensic tasks

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

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

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

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

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

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

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

1.3. Forensic system

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

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

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

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

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

1) forensic photography and filming and video recording;

2) forensic trasology;

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

4) forensic habitoscopy;

5) forensic examination of documents (forensic documentation);

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

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

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

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

1.3. Forensic system

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.5. Forensic methods

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.6. The concept and scientific basis of forensic identification

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

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

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

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

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

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

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

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

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

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

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

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

1.7. Objects of forensic identification. Their properties and signs

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

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

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

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

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

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

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

Consider the classification of signs in forensic science.

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

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

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

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

1.8. Forms and types of forensic identification

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

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

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

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

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

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

1) according to the signs of the external structure;

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

3) the structure and composition of the object.

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

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

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

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

1) by material-fixed mappings;

2) parts of the whole;

3) mental image;

4) description of features;

5) odor traces.

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

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

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

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

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

1.9. The concept of forensic diagnostics

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

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

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

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

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

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

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

Topic 2. FORENSIC TECHNOLOGY

2.1. The concept and system of forensic technology

Under forensic technology is understood, on the one hand, a section of the science of forensic science, and on the other hand, a set of technical means used in the process of detecting, investigating and preventing crimes.

Forensic technology as a branch of the science of forensic science is a system of scientific provisions and technical means, techniques and methods developed on their basis, designed to collect, research and use evidence in order to detect, investigate and prevent crimes.

Technical and forensic means include various devices, apparatus, equipment, tools, fixtures, materials, kits and complexes of technical means.

Techniques and methods of using technical and forensic tools are a system of rules for collecting and examining evidence. They also include ways to solve certain forensic problems without the use of technical means (for example, a description of a person's appearance using the verbal portrait method).

Currently, forensic technology as a branch of the science of forensic science is a system that includes general provisions and five subsections called branches.

The general provisions of forensic technology determine its concept and content, as well as the content of the branches that make up this section of science, the sources of forensic technology, its connection with other parts of forensic science and other sciences.

The branches of forensic technology include:

1) forensic photography, filming and video recording - a set of scientific provisions and special photo, film and video recording tools and methods developed on their basis used in collecting, examining and demonstrating evidence;

2) forensic traceology, which studies the patterns and mechanism of occurrence of various types of traces, develops means, techniques and techniques for collecting and studying these traces in order to use them for solving, investigating and preventing crimes;

3) forensic weapons science - a branch in which the patterns of design and operation of various types of weapons, the formation of their traces are studied, as well as means, techniques and methods for collecting and examining these objects and traces are developed in order to use them to detect, investigate and prevent crimes;

4) forensic documentation science (or forensic research of documents), which studies the patterns of manufacturing certain types of documents and methods for their complete or partial forgery, as well as developing tools, techniques and methods for collecting and examining these objects in order to use them for disclosure, investigation and crime prevention;

5) forensic habitoscopy - the doctrine of the signs of a person's external appearance, their material and ideal reflections, the methodology for using these signs in establishing facts that are important in the detection, investigation and prevention of crimes.

Currently, new directions are being formed in forensic technology as a section of forensic science: forensic odorology, forensic phonoscopy and vocalography, and some others.

Forensic odorology is a forensic science of odors used to identify individuals, objects, various traces, etc.

Forensic phonoscopy and vocalography is a forensic science about the methods of using recorded sounds to detect and prevent crimes. The terms "phonoscopy" and "vocalography" are most often used interchangeably in forensic literature, but phonoscopy seems to be somewhat broader than vocalography, which studies only the sounds of a person's voice.

In forensics, techniques have been developed that can be used to depict sound vibrations in the form of lines. This allows you to identify a person by voice (negotiations recorded on magnetic tape).

2.2. Trends in the development of forensic technology

The effective use in the disclosure and investigation of crimes of electronic computing, electro-optical technology, video recording prove their capabilities in detecting, fixing, transmitting and storing forensic information and the need for further improvement of both the technical means themselves and the methods of their use. Recording the course and results of investigative actions, as well as the process of expert research using digital photography, is becoming increasingly widely used.

Computer technologies are gaining further distribution, allowing to quickly and with high quality make subjective portraits, photo tables for the protocol of an investigative action, filmed on a video camera, carry out search actions in automated systems, etc.

Improving the equipment of mobile forensic laboratories in order to increase the effectiveness of inspections of incident sites involves equipping them with more modern equipment, including computers.

Further development of science and technology for the purpose of solving and investigating crimes is aimed at creating new search instruments for detecting hiding places, burial places of corpses, new metal detectors, instruments for studying human voices and sounds, etc.

The means and methods of fixing and removing traces of hands (for example, preservatives in aerosol packages), feet (using an electrostatic device), etc. are being improved.

2.3. The concept and system of forensic photography, filming and video recording

Forensic photography, filming and video recording is a branch of forensic technology, which is a set of scientific provisions and the means, methods and techniques of photography developed on their basis, as well as methods and techniques of filming and video recording used in collecting, researching and demonstrating evidence.

The system of forensic photography, filming and video recording consists of the following parts:

1) the concept, system and meaning of forensic photography, filming and video recording;

2) a capturing photograph;

3) research photography;

4) forensic filming and video recording.

The tasks of forensic photography, filming and video recording include the development and further improvement of methods and means of fixing evidence, their study, as well as the effective use of evidence in the detection and investigation of crimes.

With the help of forensic photography, you can quickly and accurately capture the picture of the scene, the traces found, objects, crime instruments, the course and results of the investigative action. At the same time, such traditional methods of fixation as logging, drawing up plans, diagrams, and sketches are significantly enriched and supplemented.

Forensic photography is also used during the ORM, for conducting forensic records. According to the images, the search and identification of criminals are carried out.

Research methods (methods) of shooting help an expert to detect invisible traces, restore destroyed texts, identify traces of erasures, additions, and conduct comparative studies.

In forensic photography, there are two sections: capturing photography and research photography.

Capturing photography is a system of scientific provisions, as well as methods (methods), techniques and means developed on their basis, used to capture the progress and results of investigative actions, various forensic objects, as well as during ORM. Capturing photography is used when fixing objects that are well perceived visually (for example, when shooting the course and results of investigative actions, shooting faces and objects for registration).

Ways (methods) of capturing photography:

▪ regular black and white or color photography;

▪ panoramic shooting;

▪ identification photography;

▪ measuring survey;

▪ stereo photography;

▪ macro photography;

▪ television filming;

▪ reproduction photography.

Recently, digital photography has been actively developing, but the procedure for its use in the practical activities of law enforcement agencies has not yet been worked out.

Shooting techniques are a set of rules that allow the most effective use of various methods used in certain types of shooting of various forensic objects.

According to the distance from the camera (photo or video camera) to the object being filmed, orienting, overview, nodal, detailed shooting are distinguished. It must be remembered that the shooting is carried out from the general to the particular, in a certain sequence, which must correspond to the sequence of fixing the progress and results of the investigative action.

Research photography is a system of scientific provisions, as well as methods (methods), techniques and tools developed on their basis, used to identify and fix invisible or poorly visible objects and their signs in the process of conducting examinations and preliminary studies.

Research photography applied:

1) to take a general view of the objects under study, if it is impossible to use a capturing photograph for this;

2) detection of invisible and weakly visible features of the objects under study;

3) obtaining images for a comparative study of objects;

4) illustrations in a visual form of the conclusions made by the expert as a result of the study.

In research photography, along with capturing methods of shooting, special photographic methods (methods) are used that are used in the production of forensic examinations:

▪ micro photography;

▪ comparative photography;

▪ color separation photography;

▪ contrasting photography;

▪ shooting in infrared rays;

▪ shooting in ultraviolet rays;

▪ X-ray shooting;

▪ high-speed shooting.

2.4. Identification photography, its purpose and rules

Identification shooting of people and corpses is carried out for the purpose of their subsequent identification, forensic registration and search. Pictures are taken in 1/7 natural size. The object is photographed from the front (full face) and in profile (on the right), without a headdress. In this case, the hair should not cover the auricle; the person should be without glasses, the head in a vertical position, the background is neutral gray, the lighting is uniform. In cases where photographs of this person are supposed to be used for identification or forensic examination, as well as for some types of records (for example, photo libraries), photography is done in s of a turn (with a turn to the right) and in full growth.

As a rule, in ¾ of a turn, the person is photographed in the form in which he was detained. A full-length face is photographed at 1/20 life size.

Before the identification shooting of the corpse, if necessary, to restore its appearance, restoration is carried out (toilet of the corpse). Restoration is done with the help of a forensic physician. For the toilet of the corpse, a special suitcase No. 4 from the set of a mobile forensic laboratory can be used. The corpse is given a life-like appearance: the eyes are opened, the face is powdered, the hair is combed, etc. The right and left profiles are photographed, but otherwise the same rules are used as in the identification shooting of living people.

2.5. Measurement photography methods

Under certain conditions, it is possible to use photography to determine the true size of objects, as well as the distances between objects. For these purposes, applied photogrammetry is used.

In forensics, in addition to photogrammetric methods, such methods of measuring photography are used as scale shooting with a linear and depth scale (the depth scale can be tape or square), as well as stereophotogrammetric shooting.

To establish the true dimensions of the objects depicted in the photographs, the photographs must be deciphered. Decryption consists in establishing mathematical dependencies between images of points on images and captured objects, as well as using appropriate methods for processing photographs.

The simplest method of measuring shooting used in forensics is shooting with a linear scale (scale shooting). The object is filmed together with the scale bar, while the ruler is placed next to and in the plane of the object being filmed. Lighting should be uniform and cover the entire surface of this object.

Shooting with a depth scale is based on the fact that if the distances from objects to the camera are known, then the proper dimensions of these objects can be calculated from their images, since the image decreases as the object moves away from the camera lens, and this reduction can be calculated using certain formulas.

Shooting with tape scale is that the object is photographed with a scale tape located in depth from the camera, while the optical axis of the lens is parallel to the scale tape.

The essence of shooting with a square scale is that instead of a tape scale, a square scale is placed in the frame, which is a contrast-colored sheet of cardboard with a side that is a multiple of the focal length of the lens.

The square scale is placed on the ground so that it is in the viewfinder's field of view at its lower edge in the center of the frame.

The decoding of images obtained by such methods is carried out according to a certain method using special formulas, drawing coordinate grids on the images, etc.

To determine the size of the photographed objects and the distances between them from single images, monophotogrammetric survey is also used with several reference measuring sticks, which are placed on the photographed area. Determining the size of a picture with the image of measuring sticks is based on the dependence of the size of their images on the shooting distance.

To determine the size of objects and the distances between them, stereo shooting (stereophotogrammetric shooting method) can also be used. To do this, the resulting stereo pair (two photographs of the same object taken from two different points in space) is placed in a stereophotogrammetric device, which allows the observer to see a spatial (stereoscopic) image and measure the distances between points, objects, determine their sizes, etc.

There are special complexes of technical means for fixing the situation of the scene of an accident, based on stereophotogrammetry. These include the stereophotogrammetric complex (Fomp-1) and the electronic stereogrammetric complex (Fomp-E).

2.6. Video recording as a means of fixing the progress and results of investigative actions

When solving and investigating crimes, video recording is used along with shorthand, photographing, filming and audio recording (part 2 of article 166 of the Code of Criminal Procedure). According to the established practice, the materials of the use of video recording (video phonograms) are either an annex to the protocol of an investigative action, or a separate document.

Video recordings that have the value of documents (part 2 of article 84 of the Code of Criminal Procedure) include materials that are of interest to the investigation only in terms of their content, regardless of how, in what form, under what conditions the video recording was made (video recording of a meeting, lectures, interviews, etc.).

In forensics, video recording is used, although very rarely, to record dynamic processes during the study.

If necessary, the video recording may be played at the court session. The video materials submitted to the court must be impeccable both in criminal procedure and in technical terms, otherwise the results of the investigative action will be recognized as having no evidentiary value.

Video recording as an additional means of fixing the progress and results of investigative actions can be used by decision of the investigator, prosecutor, court ruling, as well as at the request of the accused, suspect, witness or victim or defense counsel representing the interests of one of these persons, if its use in a particular case is not contrary to the interests of the investigation.

If the investigator decides to use the video recording, he is obliged to notify the interested person and other participants in the investigative action about this.

A specialist can be invited to make a video recording (usually a forensic specialist conducts a video recording).

The video phonogram obtained during the investigative action, as well as the protocol, should conditionally consist of three parts: introductory, main and final. In the introductory and final parts, information is recorded that explains and certifies the video phonogram, and the main part reflects the course and results of the investigative action.

Regardless of the type of investigative action, it is advisable to start the introductory part of the video film with a close-up image of the person conducting this action, who names his position and surname, reports what investigative action he is conducting and in what criminal case, time, place of the investigative action, and then names in turn each of the participants in the investigative action, who in this sequence are captured in close-up. After that, the investigator, being in the frame, explains the rights and obligations of each participant. If necessary, the procedure for conducting an investigative action is also explained. With this, the introductory part of the video film ends, and the investigator immediately or after a break for the duration of the journey to the place of the investigative action begins to conduct it.

Practice shows that it is impossible, and even inappropriate, to record with the help of video, for example, the entire process of examining the scene of an incident or a search, which can last several hours. At the same time, it is very useful to record on videotape the general view of the scene, the moments of discovery and seizure of the most important traces and other material evidence, the moment of discovery and opening of the cache during the search, the extraction of the desired from it, etc.

Breaks in the video recording of the course of an investigative action are undesirable in principle, but they are practically inevitable. Each break, its time and reasons must be specified on the video phonogram and recorded in the minutes.

The traces found and other physical evidence are described in accordance with the recommendations of forensic science. The place of discovery, general and particular features of the object, material evidence or trace carrier, the method of detecting traces, the location of traces on the trace carrier, general and particular features of traces, the method of seizure and packaging are indicated. All actions for the detection, fixation and seizure of traces and other material evidence must be voiced by the investigator or a specialist for recording on a video phonogram.

The same information is indicated in the protocol of the investigative action and graphic annexes to it.

The final part of the movie is recorded after reviewing the footage. It should be a confirmation by the participants of the investigative action of the correctness of the video recording.

After viewing the videotape, the videotape is resumed and all participants are captured at the moment when the investigator asks about the compliance of the course and results of the investigative action with the content of the reproduced videotape and the protocol. The video recording ends with a recording of the answers to the question posed and the investigator's report on the completion of the investigative action.

In a number of cases, it is advisable to attach to the protocol of an investigative action a photo table made from a video phonogram depicting the key moments of the investigative action.

It is recommended to pack a cassette with a video phonogram in a plastic bag, which is put into a paper bag, tied with twine, the ends of the twine are sealed with the seal of the investigator. An explanatory inscription is made on the package, certified by the signatures of the investigator and witnesses.

2.7. The concept and system of forensic traceology

Trasology is a branch of forensic technology that studies the patterns and mechanism of occurrence of various types of traces, develops means, techniques and methods for collecting and examining traces in order to use them to detect, investigate and prevent crimes.

The term "trasology" is formed from two words: the French "la tras" - "trace" and the Greek "logos" - "word", "teaching". So traceology is the science of traces.

Traditionally, in forensics, traces are divided into ideal and material.

Ideal traces are a reflection of an event or its elements in the human mind, a mental image of what is perceived. The nature of the ideal traces and their safety largely depend on the state of the sense organs of the person who perceived these traces, his memory, the level of intelligence, etc. Therefore, such traces are largely subjective. It should also be noted that this term itself is arbitrary: ideal traces are material in nature, as they are the result of material phenomena in the human brain - changes in electrostatic impulses, features of the flow of biochemical processes.

Material traces are formed as a result of displaying the course of a criminal act and its results on objects of the material world.

Material traces in a broad sense are any material change in the situation that arose during the preparation, commission or concealment of a crime. Their sources are not only mechanical impact, but also physical, chemical and biological processes, up to leaving odor or radioactive traces. To study many of these traces, special knowledge in chemistry, physics, biology, and various branches of technology is required.

Traces investigated in forensic traceology are traces in a narrow sense. By their nature, these are material traces, the informationally valuable external structure of which was formed as a result of the preparation, commission or concealment of a crime. Part of the traces in the narrow sense, in addition to tracing, is studied in other branches of forensic technology: traces of weapons on bullets and cartridge cases - in forensic ballistics, prints of seals and stamps - in forensic examination of documents.

The classification of material traces in a narrow sense is presented in paragraph 2.9.

2.8. Traceology system

The question of the traceology system is debatable.

According to the most widely used system, trace science as a branch of forensic technology includes:

▪ general provisions of traceology;

▪ study of human traces (anthroposcopy);

▪ study of traces of tools and tools (mechanoscopy);

• transport traceology;

▪ study of animal tracks;

▪ study of other traces and objects;

• microtraceology. In turn, anthroposcopy consists of the following parts.

1. Fingerprinting (traces of human skin, mostly fingerprints).

2. Footprints:

a) traces of shoes;

b) footprints in stockings (socks);

c) traces of bare feet.

3. Forensic examination of teeth marks.

4. Forensic examination of traces of lips, skin of the head and other parts of the human body.

5. Forensic investigation of clothing traces.

2.9. Classification of material traces

Material traces in the narrow sense are usually divided into traces-images, traces-objects and traces-substances.

Display traces are traces formed as a result of displaying the external structure of one object on another object during the preparation, commission or concealment of a crime.

Traces-objects are materially formed objects, the occurrence, movement or change of state of which is associated with the preparation, commission or concealment of a crime.

Traces-substances are small amounts of liquid, pasty or powdery substances, whose placement, shape and size reflect the mechanisms of trace formation associated with the preparation, commission and concealment of crimes.

Traces-images are of greatest importance in traceology. An object that leaves a trace is a trace-forming object, an object on which a trace remains is a trace-perceiving object.

The trace-forming and trace-perceiving objects, coming into trace contact, are in different mechanical states: they move in one direction or another and at a certain speed, they are in a certain position and relative position, being in a state of relative rest. This process, characterized by many parameters, is called the trace formation mechanism, and its result is a trace display.

Display traces can be classified in various ways:

▪ classification of traces according to the trace-forming object consists of several classification levels. First, general level: traces of humans, tools and tools, vehicles, animals. Such trace-forming objects leave traces with their specific parts. For example, a person can leave traces of hands, feet, teeth, lips, clothing. This is the second level of classification of traces according to the trace-forming object. In turn, traces of hands can be traces of fingers and palms, and traces of feet can be traces of shoes, feet in socks (stockings) and bare feet. This is the third classification level;

▪ classification of trace-images according to the nature (degree) of change in the trace-receiving object. On this basis, all traces are divided into two large groups: volumetric and superficial.

Volumetric traces are formed as a result of a change in the trace-perceiving object and have three parameters: width, length and depth. Volumetric traces, in turn, are divided into the following groups:

▪ traces of deformation resulting from a significant change in a stable and plastic surface (footprints in clay soil);

▪ traces of molding, formed during the compaction of a layer of amorphous, granular trace-receiving substance scattered on a harder surface (a shoe print in a pile of cement, on the floor of a room);

▪ traces of destruction of the trace-receiving object as a result of the separation of its parts (traces of sawing, drilling, hewing, etc.);

▪ traces of partial transfer of a trace-receiving object, characteristic of the action of runners of a sleigh, skis, bulldozer blade, etc.

Surface traces have only two parameters, they are two-dimensional. Such traces, in principle, may have a certain depth, but at present it is either practically not measurable, or is not essential for solving traceological issues. Surface traces in traceology are usually divided into three groups:

▪ traces of layering, formed when part of the surface of a trace-forming object (or a substance covering it) is separated and layered onto a trace-receiving object (sweat trace of a papillary pattern on glass);

▪ traces of peeling, formed in cases where part of the trace-receiving object (or the substance covering it) peels off and transfers to the trace-receiving object or is destroyed (the trace of a mount sliding on the surface of a safe coated with oil paint);

▪ traces of thermal or photochemical changes in a trace-receiving object, formed when the surface of the object is burned or charred (in a fire, paper, wallpaper, fabrics burn out in the sun).

The classification of traces according to the connection of the mechanical state of objects with emerging traces suggests their division into two groups - dynamic and static traces.

Dynamic traces are formed in those cases when the trace-forming object moves parallel to the trace-receiving surface (traces of sliding, cutting, sawing, drilling).

Static traces occur when a moving object is at rest, after which it remains motionless or changes the direction of movement (various dents, footprints when walking and running, traces of rolling of cylindrical objects).

Classification in relation to the zone of change of the trace-receiving surface to the trace-forming object is made up of local and peripheral traces.

Local traces are formed directly under the contact surface of the trace-forming object (handprints on glass, footprints in the ground, and most other traces-displays).

Peripheral traces arise due to a change in the trace-receiving surface outside the area of ​​​​contact with it of the trace-forming object (traces of charring of the floor around the canister, burning out the wallpaper around the photo card in the sun, wetting the asphalt around the standing car with rain, etc.).

It is possible to apply the division into macro- and microtraces to the traces studied in traceology, although the basis for such a classification is somewhat arbitrary - it is practically carried out only by the size of the traces. Footprints that do not require the use of more than four or seven times magnification (i.e. a regular magnifying glass) can be referred to as macro-footprints. Traces that require greater magnification, as well as the use of special methods for working with them, are referred to as microtraces.

2.10. Types of handprints. Ways to identify and fix them

Traces of papillary patterns can be traces of substances and traces of reflections.

Traces-substances are formed during tangential movement as a result of the layering of sweat-fat substance in the form of a smear, in which the pattern pattern is not displayed. The mechanism of formation of such traces, established with the help of traceology, has limited evidentiary value. Of great value is the establishment of their composition, group and individual affiliation, carried out with the help of biomedical research.

Traces-displays of papillary patterns are static traces. In fingerprinting, they are divided into visible, slightly visible and invisible.

Visible traces include two groups of traces:

1) volumetric traces of deformation left on plastic materials (butter, margarine, chocolate, wet putty, etc.) and having papillary lines;

2) surface traces-layers formed by fingers stained with blood, ink, soot, etc.

The group of poorly visible traces consists mainly of superficial traces-layers formed by sweat-fat substance on smooth shiny surfaces (glass, porcelain, faience, polished wood, metals, etc.). Another, smaller part of this group consists of traces of delamination, which appear as a result of entrainment on papillary lines of dust from a dusty, smooth, shiny surface.

Invisible traces are sweat-fat traces-layers on smooth matte surfaces (paper, cardboard, plywood, textile fabrics, corpse skin).

To identify and fix traces of papillary patterns, physical and chemical means and methods are used.

Physical methods include:

▪ use of differences in the refraction of light reflected from areas covered with fatty substances and free from it, when examining transparent objects in the light and opaque objects in directed obliquely incident light;

▪ pollination of the trace-carrying object with colored powders.

These powders include: copper oxide, lead oxide (red lead), zinc oxide, manganese peroxide (dioxide), lead carbonate, argentorate (aluminum powder), chalk, talc, gypsum, graphite, soot. In practice, mixtures of various powders are increasingly used to enhance the stickiness of a powder, increase its specific gravity, enhance color, and for other purposes.

These powders are applied to the trace-carrying object and removed from it with a squirrel or kolinsky brush (flute) or with the help of special sprayers. Pollination of a trace-bearing object with iron powder reduced by hydrogen is carried out using a magnetic brush.

At present, aerosolized powders, the so-called dactosols, are used to detect marks on large horizontal surfaces.

The fumigation of invisible traces with iodine vapor is based on the selective ability to penetrate into the sweat-fat substance of the trace (the traces identified by iodine must be fixed with a solution of starch or iron powder reduced by hydrogen).

Among the physical methods, one can also name the pumping of the trace with the soot of burning camphor, naphthalene, foam plastic, pine splinter, etc.

Combined physical methods include:

▪ pollination of traces with phosphor powders and photographing luminescence excited by ultraviolet rays in the dark;

▪ pollination of traces with salts of heavy metals (red lead - lead oxide) and photographing in light using “soft” X-rays.

In essence, the latest physical methods are also combined: autoradiography, laser fluorography, thermal vacuum deposition.

Chemical methods for detecting weakly visible and invisible traces are based mainly on the ability of the trace substance to change its color under the influence of various reagents. So, when the sweat-fatty substance reacts with a solution of ninhydrin, the trace becomes pinkish-violet, with an alloxan solution - orange-red, etc.

In addition, a number of chemical reagents act on the surface of the trace-bearing object, changing its relief (for example, hydrofluoric acid - on the surface of glass, glazed porcelain and faience) or color (copper sulfate - on iron, acetic lead - on zinc, etc. ) and extracting the trace in this way.

In cases where a faintly visible trace of a papillary pattern is found on a transportable object (for example, a bottle, glass, glass fragments, a knife, etc.) or there is reason to assume that there is a trace on the object, this object must be removed without any treatment with powders or reagents , properly pack it and attach it to the materials of the criminal case.

2.11. Types of traces of human teeth. Methods of their fixation and rules for sending for examination

Tooth marks associated with crimes are found on food products, the body of a living person or a corpse, cigarette holders and cigarette filters, metal caps of vodka and beer bottles, hinged seals, etc.

By type, the traces of teeth can be traces-objects and traces-displays.

Traces-objects are parts of teeth, individual teeth, parts of dentures and dentures as a whole. When such traces are found, the main task is to establish their belonging to a specific person.

Teeth marks can be volumetric, formed as a result of deformation of the trace-receiving object (on food products), and superficial, which are formed when the upper layer of the trace-receiving object is separated (the upper plane of the cap of a beer bottle).

According to the mechanism of trace formation, traces are divided into static (formed by the chewing surface of molars), dynamic (bite marks formed by incisors and canines when the dentition is completely closed and part of the trace-receiving object is separated) and combined with elements of dynamics and statics (bite marks when the dentitions are closed incompletely and a part of the trace-perceiving object is separated due to breakage or separation).

Traces-displays, if possible, are removed on the subject-tracker. If it turns out to be a fusible object (chocolate, butter, margarine, etc.), then it must be cooled or even frozen before transportation.

Transportation of some fruits (apples, pears) and vegetables (radishes, turnips, cucumbers), which have bites, is associated with their drying and decay, which leads to distortion and even destruction of traces. In this case, it is recommended to wrap the object in several layers of crumpled paper and place it in a jar of fresh, cool water. This will ensure the safety of traces for 10-12 hours.

If there is no confidence that the teeth marks can be delivered to the forensic department in complete safety, it is necessary, after mandatory photography with a scale ruler, to make casts of the three-dimensional teeth marks. Pastes “K”, “Sielast-69”, “Silicadent” can be used as impression masses. In the absence of synthetic impression materials, an impression can be made using plaster.

Traces of teeth on the body of a corpse are removed along with a piece of skin in the process of a forensic autopsy. The preservation of such a skin flap is carried out by an expert - a forensic physician.

With the identification of the suspect (or the accused), it becomes possible to appoint an identification examination based on the marks of the teeth. When preparing such an examination, it is necessary to obtain experimental samples of the teeth of the person being checked.

To carry out this investigative action, the investigator almost always involves a dentist or a prosthetist.

If there are traces on inanimate objects (food, metal bottle caps, hinged metal seals, etc.) and the full volume of comparative samples of the suspect's teeth, an identification forensic examination may be ordered.

2.12. Types of human footprints. Methods of their fixation and rules for sending for examination

Human footprints include:

▪ traces of bare feet;

▪ traces of shoes;

▪ footprints in stockings (socks).

Traces of bare feet are identified, examined and recorded in accordance with the guidelines for fingerprinting.

In the footprints of the shoe, an individual complex of general and particular signs of the bottom of the shoe is displayed. Common features include: the length of the sole, the presence or absence of a heel, the method of attaching the sole, the relief designation on the intermediate part of the sole, the general degree of wear of the sole, and some others.

Particular signs can be divided into three groups:

1) signs that arise during the manufacture of footwear - the shape and dimensions of the outsole and intermediate parts, manufacturing defects (cuts, asymmetric arrangement of parts, missing nails and stitches);

2) signs that occur when wearing shoes (size, shape and location of areas with a lost pattern; cracks, holes, scratches, their size, shape and location relative to the sections and details of the pattern; the absence of individual hairpins, nails or screws);

3) signs that occur during shoe repair (shape, size and position of patches, kosyachkov, heels, stickers) - "prevention"; shape, size and location of metal horseshoes).

It is necessary to identify and analyze, if possible, not individual footprints, but their totality, which in forensic science is called footprints. It is characterized by the following features: the direction of movement, the line of walking, the length of the steps for the right and left legs, the width of the legs, the angles of the steps for the right and left legs, and the angles of the feet. If we consider these signs of gait as a complex, then the direction of movement and the line of walking can be attributed to general signs, and all the rest to private ones.

In addition to traces-displays, footprints by their nature can also belong to two other groups (traces-objects, traces-substances, traces-displays). Traces-objects include heels or heels on them, joints, horseshoes, as well as tongues, laces, etc., separated from shoes at the scene.

Traces-substances include slip marks, during the occurrence of which a smear of rubber of the outsole or heel part is formed. These traces can be studied in forensics only from the point of view of the mechanism of their formation.

To fix surface dust marks or traces found with powders, specific means and methods of fixing are used. So, white (non-exposed) or black (exposed) developed and fixed photographic paper can be used. After removing the drops of water, this paper is applied with a wet emulsion layer to the trace and rolled with a photographic roller. Sometimes the gelatinous surface of the emulsion layer of photographic paper is additionally treated with a special compound to increase its stickiness. To fix these traces, a fingerprint film of suitable sizes can also be used.

Traces formed (or identified) by powdered substances or blood can also be fixed and removed using a 2-3% polymer solution in a volatile organic solvent. These substances are applied with a spray gun to a trace-carrying object, and after the solvent has evaporated, an elastic film is formed on the object, in which the trace substance is included.

The old method of fixing dust marks of shoes with the help of sheet rubber, which is rubbed with sandpaper, is also used. The resulting fleecy surface is pressed against the trace and rubbed by hand or rolled with a roller. As a result of the action of electrostatic fields, the powdery (pulverized) substance of the trace is introduced into the fleecy layer of rubber.

The electrostatic effect is also used to fix the marks left by dusty and dirty shoe soles on carpets and woven floor coverings. Such traces are covered with a special metallized film, the dimensions of which are slightly larger than the trace. A direct current charge of up to 10 volts is applied through the film. As a result, the particles forming the trace are transferred to the lower surface of the film.

Fixation and removal of voluminous footprints of shoes are often associated with the risk of damage if they are left in loose fine materials (sand, flour, a layer of dust, cement, etc.). In such cases, the surface of the traces is pre-strengthened with the use of special substances. With the help of a spray gun, a cloud is formed from the smallest droplets of the solution, which should settle inside the track and strengthen it. Good results are obtained by the use of cosmetic hair sprays in aerosol packaging for this purpose.

The traditional substance for making casts of footprints is a gypsum solution, or rather, an aqueous suspension of medical gypsum powder. Paraffin, a solution of perchlorovinyl in acetone, silicone paste "K", low molecular weight rubber SKTN are also used as impression masses. For strength, reinforcement is necessarily placed in the impression (for example, a part of a wooden stick a little smaller than the trace), to which the string for the tag is attached.

A specific method for fixing footprints is to impregnate the soil around the perimeter of the footprint with adhesives (perchlorovinyl solution, clerical silicate glue, etc.). After hardening, a lump of soil with a trace is removed and packed in a box.

In general, if possible, traces are recommended to be removed together with trace-bearing objects (for example, pieces of furniture with traces of dusty shoes).

For footwear:

▪ its size;

▪ design of the bottom of the shoe (presence or absence of a heel);

▪ are these shoes men's or women's;

▪ degree of wear of its bottom;

▪ features that individualize a specific specimen (damage, traces of repair, etc.).

If a suspect is found, all shoes, the group characteristics of which correspond to the information obtained as a result of examining the tracks, are seized from him and attached to the materials of the criminal case.

All materials in which traces are recorded at the scene of the incident are sent for identification examination: an inspection report, photographs, trace path diagrams, prints or casts, trace-bearing objects and, as a rule, the shoes of the suspect.

Footprints in socks (stockings) have a certain specificity. The complex of traces of a stocking (sock) displays such general features as the structure of the fabric of the product, the number of threads per unit area, the thickness of the threads, and the degree of wear of knitwear. Particular signs: defects of industrial origin (significant thickening and thinning of the threads, thickening and thinning of the loop rows, uneven length of the loops, dropped loops, skewed loops), wear defects and repair marks (cuts, tears, through abrasions, patches, darning, thread seams ).

In the complex of signs of the structure of the foot, the following general signs can be distinguished that are displayed through the tissue of the toe (stocking): the size of the sole of the foot, the presence of its parts (toes, metatarsus, intermediate part, heel), general developmental anomalies (non-display of parts of the foot in the footprint). Particular signs of the bottom of the foot: their presence and size, shape (display) and relative positions of individual fingers; features of the shape and location of the predigital line of the anterior part of the metatarsus; the width of the intermediate part; the shape and size of the heel; the presence, shape, size and location of calluses, growths, folds, scars.

Fixation of footprints in socks (stockings) is carried out according to the usual scheme: description in the protocol, drawing up a diagram or plan, photographing, making casts and sometimes impressions, removing traces on the trace-bearing object.

2.13. Traces of hacking tools and tools (mechanoscopy)

According to one of the classifications, burglary tools and tools for mechanical impact on a barrier are divided into: impact (hammers and sledgehammers), squeezing (crowbars and nail pullers), clamping (vises, pliers, round nose pliers, oval pliers and pliers), stabbing (awls, “gypsy” needles ), cutting (knives, axes, chisels, chisels, chisels, etc.), cutting (scissors and nippers), drilling (drills and drills), sawing and some others. [5]

Complexes of features depend not only on the design of objects, but also on the methods of their application. Tools and tools are not always used for their constructive purpose: for example, chisels, chisels, screwdrivers wring out doors or windows, and the door can be knocked out, for example, by hitting a crowbar, a large wrench or an ax butt.

As a result of the action, which is static in nature, traces (volumetric deformations) are formed, in which an individual set of features is displayed that characterizes the working part of the tool. Traditionally, this complex is divided into general (shape and size of the contact surface) and particular (shape and size of its individual elements, shape, size and location of irregularities of the edges and surface) features.

Dynamic marks are surface skid marks and cut marks, most commonly left by cutting or prying (screwdriver) tools.

Surface slip marks often make it possible to establish the shape and dimensions of the working part of the trace-forming object, as well as the features of its trace-forming edge (blade).

It should be noted that gas and electric cutting devices can be used to overcome obstacles, causing not mechanical, but thermal damage. These damages are slit-like cuts with uneven edges and elements of melting, metal spreading, splashing, soot deposits, metal color changes, etc.

The classification of traces of tools and tools as material traces of a crime includes not only traces-displays, but also traces-objects and traces-substances.

Traces-objects of tools and tools are fragments of their working parts left at the scene.

Traces-substances are the results of the action of electric and gas cutting devices in the form of microscopic particles of metal scale, microdrops of molten and solidified metal and glass wool of the safe's thermal insulation.

The overwhelming majority of traces of tools and tools are local traces.

Fixing traces of tools and tools is carried out according to the usual scheme (description in the protocol, drawing up diagrams and plans, photographing, making impressions and casts, removing trace-bearing objects with traces). The discovery of tools or weapons similar to those used at the scene of the incident on the suspect allows, in addition to diagnostic questions, to appoint an identification examination. At the same time, in addition to the traces seized at the scene, the tested weapon is sent to the expert.

2.14. Classification of vehicle tracks

In addition to traces left by wheels on the ground or asphalt, as well as car parts on other vehicles, clothing and the body of the victim, or objects surrounding the roadway (pillars, walls, fences), as a result of an accident, traces of objects and traces are left. substances. Traces-objects include, for example, fragments of broken headlight glass, fallen-off car parts, etc., and trace-substances include traces of liquids flowing from car components (fuels, coolants, brake fluid), as well as microscopic fragments of glass and scales paints.

Traces-displays can be volumetric (deformations - traces of wheels on the ground and parts on other vehicles; molding - traces of wheels in bulk substances) and surface (mainly these are layers when dirty wheels move on asphalt, but there may also be traces of delamination - when the bumper slides over the fender of another car, when the paint peels off).

According to the mechanism of formation, rolling traces are static. Dynamic wheel tracks, when the wheels skid along the asphalt surface, are unsuitable for identification, but they allow you to set the speed of the car by the time the braking starts.

Most often, local traces are investigated, but it is also possible to use peripheral traces, for example, the detection of a dry area of ​​asphalt in the place of a missing car at a time when the surrounding surface of the asphalt, wet from rain, allows the shape and size of the area to at least approximately determine the make of the car.

The characteristics of car tracks used in transport traceology are borrowed from automotive technology.

Track - this is the distance between the same points of the running tracks of single wheels or the center lines of paired wheels. When driving in a straight line, the traces of the rear wheels partially or completely overlap the traces of the front ones. Therefore, the tread of the front wheels can be measured from the tracks on the turn.

The vehicle base is the distance between the front and rear axles of a two-axle vehicle. Three-axle vehicles have a different common base, i.e. the distance between the front and rear geometric axis passing through the middle of the bogie base (bogie base - the distance between the middle and rear axles).

The tread is the part of the tire that is in contact with the road and is patterned for better traction.

The discovery of traces at the scene of the incident makes it possible to obtain preliminary information for putting forward versions and planning an investigation. In particular, the brand (model) of the vehicle, the model of tires (at least on the rear wheels), the degree of wear and tear and features of the tires, the presence of damage (for example, a broken headlight), extraneous marks (layers of blood, brain matter, hair, patches of clothing) are established. by car. In addition, the traces can be used to establish the circumstances of the incident: the direction and speed of the car, the place of collision with a pedestrian, collision with another vehicle, the beginning of braking, stopping.

In a number of cases, these issues are put to the resolution of a diagnostic, often complex (trasological and forensic autotechnical) examination.

The discovery of the suspect and the seizure of his car allows you to appoint an identification examination. The wheels of a car are most often provided as samples for a comparative study. However, in some cases (for example, for heavy vehicles), it is necessary to obtain experimental wheel displays, which are provided to the expert.

2.15. The concept and system of forensic weapons science

Forensic weapons science is a branch of forensic technology that studies the design principles and patterns of operation of various devices designed to defeat (up to destruction) a person or animal, the patterns of formation of traces of the use of these devices, and also develops tools and techniques for collecting, researching and evaluating such devices. objects and traces in the detection, investigation and prevention of crimes. A weapon in forensics is a material means, structurally and functionally designed to defeat a person or animals.

Forensic weapons science as a branch of forensic science includes:

▪ forensic examination of firearms and traces of their use (forensic ballistics);

▪ forensic examination of bladed weapons and traces of their use;

▪ forensic examination of throwing weapons and traces of their use;

▪ forensic research of other types of weapons, special means and traces of their use.

Forensic, or forensic, ballistics (from the Greek “ballyu” - “throw”) is a sub-branch of forensic technology that studies firearms, ammunition and firing patterns, and also develops means and techniques for collecting and examining these objects as material evidence in crime investigation and prevention.

In forensic (judicial) ballistics, there are General and Special parts. The general part includes the concept of the subject and objects of science, its tasks, techniques and methods, the means used to solve these problems, issues of interaction with other branches of forensic technology and other forensic disciplines.

The special part of forensic (judicial) ballistics consists of three large sections:

1) examination of a firearm;

2) research of ammunition;

3) investigation of gunshot injuries.

2.16. The mechanism of the formation of traces of weapons on the shells

Traces on the cartridge case fired from a firearm are formed as a result of its loading, firing and removal of the spent cartridge case. On the example of a rifled magazine firearm with a sliding bolt, the process of formation of traces of weapons on the sleeve is as follows.

When loading, the bolt is retracted and leaves a trail of sliding of its lower surface on the body of the next sleeve. When the shutter returns forward and the next cartridge is advanced from the chamber in the upper segment of the bottom of the sleeve, an imprint is formed from the shutter rammer and scratches on the body from the magazine lip. When the cartridge enters the chamber, the muzzle or slope of the case body contacts with two diametrically opposite sections of the breech section of the chamber, with the formation of slip marks in these sections of the cartridge case. After the cartridge is fully loaded into the chamber, as a result of some forward movement of the bolt, the ejector hook jumps over the flange of the bottom of the sleeve or into the groove of the body, forming a sliding track on the side surface of the bottom of the sleeve (flange).

When fired, the striker pierces the primer or strikes the bottom of the cartridge case on the flange. In this case, either a hemispherical or a quadrangular dent is formed. The sleeve, as a result of the pressure inside it, is somewhat given back and pressed with its bottom against the cartridge stop; as a result, an imprint of the cartridge stop is formed on the primer and, possibly, on the bottom of the sleeve. Large defects (shells, bottomholes, burrs) of the chamber at the time of the shot can also be displayed on the case body.

When the weapon is unloaded, the ejector hook pulls the cartridge case out of the chamber. In this case, the hook causes a secondary mark, resembling a notch, dent or scratch on the bottom of the groove or on the case body. The shutter is retracted back until the shutter window (shutter housing, receiver cover) is fully opened and the bottom hits the reflector. As a result of such an impact, a dent with some shift is formed on the bottom. With further backward movement, the sleeve, under the influence of the ejector hook and reflector, loses alignment with the barrel, turns the muzzle towards the window, enters it and hits its edge with the body or muzzle. As a result, a dent is formed on the sleeve with a slip trace from the edge of the shutter window.

The discovery of a cartridge case at the scene of the incident makes it possible, as a result of a preliminary study, to obtain orienting, non-procedural information used to put forward versions and plan an investigation. First of all, this concerns the determination of a weapon sample by traces on the shells.

Such a determination is carried out with the help of a forensic specialist, well-versed in forensic ballistics, in accordance with the following methodology:

1) by design features and markings, it is established which part of the cartridge of which sample (and model) the detected sleeve is;

2) it is clarified for which models of firearms this cartridge is standard, as well as the possibility of its non-standard use;

3) a complex of traces of weapons is installed on the sleeve, which corresponds to the complex of traces left when shooting from standard weapons. The coincidence of the complexes allows us to establish a sample of the weapon in which, most likely, the cartridge case was fired, or several samples in which it could be fired.

In conclusion, it is necessary to try to find out from the traces the features or defects of the weapon in which the cartridge case was fired.

2.17. The mechanism of the formation of traces of weapons on the bullet

Bullet marks have traditionally been examined only for projectiles fired from rifled firearms. In this case, the mechanism for the formation of traces is as follows.

When loading on the cartridge pool, a trace of the lip of the magazine in the form of a scratch and a trace of the breech section of the chamber in the form of a worn area may remain. Both traces are practically unsuitable for weapon identification.

When fired, the process of interaction between the bullet and the bore has three stages.

First stage: the bullet moves out of the case mouth and moves until it contacts the rifling fields. The movement is progressive and there are no marks left on the bullet.

At the second stage, from the beginning of the contact of the leading part of the bullet with the fields of rifling and until full penetration into them, the translational motion becomes translational-rotational. Primary traces remain on the leading surface of the bullet, which, after the end of the trace formation process, have the form of a triangular zone of parallel tracks located to the left and above the right-handed secondary traces. For left-handed rifling, the primary traces are located to the right of the secondary traces.

The third stage begins with the moment of full penetration of the leading part of the bullet into the rifling fields and ends with the exit of the bullet from the muzzle of the bore. Passing the rifled part of the barrel, in which the rifling (and rifling fields) make a turn of 360 °, i.e. one revolution, the bullet acquires a translational-rotational motion and secondary traces of rifling fields form on its leading part. They have the character of strip-like recesses located with the same slope as the rifling in the bore. At the bottom of the traces there are traces, which display the features of the surface of the rifling fields in the area adjacent to the muzzle, and the edges of the muzzle itself. If a bullet is fired from a weapon that has a gas outlet located on the rifling field (for some Kalashnikov assault rifles), the trace from this hole remains at the bottom of the secondary trace.

As the bore wears out, the division of traces into primary and secondary becomes less clear, up to the formation of a continuous striation on the bullet, when the rifling fields are smoothed to the level of the bottom of the rifling.

2.18. Mechanism of formation of gunshot wounds

The nature of shot marks on an obstacle is influenced by: the distance of the shot, the phenomena of internal and external ballistics, the mechanical properties of the most common obstacles (glass, tin, wooden boards).

There are three typical distances in forensic ballistics:

1) point-blank (or close to point-blank);

2) within the limits of additional factors of the shot;

3) outside of this action.

In relation to a specific damage, the distance can be set in centimeters.

The internal ballistics of a shot begins with the firing pin pricking the primer, which causes explosive decomposition of the primer (initiating) composition and rays of flame through the ignition holes of the anvil of the cartridge case ignite the powder charge. After the entire powder charge has ignited and the design pressure inside the cartridge has been reached, the projectile begins to move under the action of powder gases along the barrel bore. Rubbing of the surface of the projectile along the surface of the bore occurs. The powder gases following the projectile wash away the resulting metal particles. By the time the projectile leaves the barrel, the combustion of gunpowder results in the formation of a complex mixture, collectively called “powder gases.” They have a high temperature (up to 2000-3000 °C) and exert significant pressure on the walls of the barrel bore, the bottom of the bullet and the inner surface of the bottom of the cartridge case (up to 1000 atmospheres).

By the time the internal ballistics of the shot is completed, the powder gases include the following fractions:

a) gaseous products of gunpowder combustion;

b) microscopic solid particles (tiny lumps of burnt powder and metal flakes);

c) incompletely burned powders. When the first shot is fired, microscopic droplets of barrel and cartridge lubricant are included in the powder gases.

At the moment the projectile and powder gases exit the muzzle of the barrel bore, the processes of internal ballistics end and the processes of external ballistics begin.

The processes of external ballistics are traditionally considered from the point of view of the action of the main and additional factors of the shot. The main factor of the shot is the damaging effect of the projectile on the barrier, i.e. the formation of any damage. According to the degree of change in the trace-perceiving object, all gunshot injuries can be divided into penetrating (with the penetration of the projectile not less than the length or diameter of the projectile) and superficial.

Penetrating damage is subdivided into through and blind, superficial - into tangents, ricochet marks and dents formed from a blow with an exhausted projectile.

Traces of additional shot factors must be considered in the system:

Phenomenon - Additional Shot Factors - Traces

The first phenomenon is the recoil of the weapon and its reflex forward return. As a result, when fired at close range or close to the stop, the muzzle of the barrel (the front end of the bolt housing or barrel housing) hits the barrier, which is an additional factor in the shot. From this blow, a trace is formed on the barrier, called stamping mark.

The second phenomenon is the expiration of powder gases from the bore at high speed. It creates a number of additional factors that are displayed through the following traces.

The mechanical effect of powder gases on the obstacle is displayed in the form of tears of the edges of damage resulting from the spreading of gases over the surface of the obstacle. In this case, textile fabrics, felt and even dressed leather are damaged.

The next additional factor is the thermal effect on the barrier. Its traces have significant variations: from slight singing of the pile of textile fabric to its charring.

Such an additional factor as the deposition on the barrier of substances that are part of the powder gases is realized through three types of traces: the zone of soot deposition (coal lumps and metal particles), the zone of deposition or penetration of incompletely burned powder particles, and the zone formed by lubricant stains.

Among the phenomena that give rise to additional factors of the shot, include the contact of the surface of the projectile with the edges of the damage. The surface of the projectile affects the edges of the damage. This is evidenced primarily by such a trace as a wiping belt (metallization belt).

As a result of such an impact on synthetic materials (fabrics), traces of a thermal nature are formed - sintering of the edges of the damage.

On the display of additional factors of the shot, i.e. The nature of the shot marks is also influenced by the physical (mainly mechanical) properties of the barrier material. Let's consider the most common of them.

Gunshot damage to wood objects (boards) is largely determined by the degree of dryness (moisture) of the wood, as well as the angle at which the projectile enters the object. In a dry board with a perpendicular entry of the projectile, the inlet has a rounded shape and a diameter slightly exceeding the diameter of the leading part of the bullet. The edges of the inlet are uneven, serrated, the uneven edges are correlated with structural units - annual rings and layers of wood. The outlet usually has an irregular quadrangular shape. Its lateral sides, passing through the annual layers of wood, are quite even. The same sides that are located across these layers are uneven, jagged, with flakes and spalls.

Gunshot damage to sheet iron (drainpipes, roofs, car bodies) has the shape of a funnel, tapering along the course of the projectile. The edges of the hole are shaped like the rays of an irregular star. The dimensions of the hole correspond quite accurately to the diameter of the bullet.

Gunshot damage to sheet glass is characterized by a funnel-shaped or crater-shaped shape with expansion along the course of the projectile. Radial and concentric cracks form around the damage. On the side faces of the cracks surrounding the damage, smaller cracks are formed, some ends of which are collected in a bundle, while others diverge like a panicle. At a meeting angle close to a direct one, the diameter of the damage on sheet glass corresponds quite accurately to the diameter of the bullet.

In textile fabrics, the projectile forms round or square damage, depending on the structure of the fabric. The projectile destroys and carries away the fibers of the threads, and at the point of its contact with the barrier, the so-called "fabric minus" is formed, i.e. the clearance that remains when the ends of the threads come together along the edges of the damage. The ends of the filaments are uneven, filamentous, facing into the lumen of the damage and inward, in the direction of the projectile. The dimensions of the inlet are usually somewhat smaller than the diameter of the bullet.

The same questions are put to the resolution of a forensic ballistic examination, although in order to solve them, in addition to the damage itself, it is necessary to present the weapon from which the shot was fired and similar experimental cartridges, especially to establish the distance of the shot.

2.19. The concept and classification of edged weapons

A cold weapon is a device designed to inflict serious bodily harm on a person or animal using the muscular strength of a person in close combat.

The criteria for classifying an object as a melee weapon are as follows:

▪ intended purpose - causing damage dangerous to human or animal life, fixed in the design of the object;

▪ constructive principle of action - the use of human muscular strength;

▪ guaranteed range of action - close combat, direct contact with the enemy.

Design features common to all types of edged weapons:

1) a part (detail) specially designed to cause predetermined damage (point, blade, spike, thickening, shock load);

2) a device (handle) for conveniently holding an object in the hand, providing the possibility of causing damage and protecting the hand from self-harm;

3) mechanical strength of the structure, which makes it possible to use the weapon repeatedly.

With regard to specific constructive types of edged weapons, these features constitute a single complex and are supplemented by features that can be called private.

Stabbing weapons are swords, stilettos, part of daggers, needle bayonets, historical pikes and "pikes" of modern criminals. They do not have a blade and, due to the point, tear the soft tissues of the body (and the fabric of clothing).

Piercing and cutting weapons are divided into single-edged (knives) and double-edged (daggers).

Design features of knives classified as edged weapons:

1) the blade has a triangular point, formed by the meeting of the smooth rounding of the blade with the butt (butt bevel) at an angle usually less than 45 °;

2) the point of the point lies only in the interval between the longitudinal axis of the blade and the butt line;

3) the length of the blade, sufficient to inflict penetrating damage to the chest or abdominal cavity (currently established as 9 cm and above);

4) the handle, convenient for deduction in a hand;

5) the overall strength of the knife and the rigidity of the blade.

Double-edged knives, i.e. daggers also have a set of features:

1) with a general longitudinal symmetry, the point is formed by the convergence of two blades at an angle of not more than 45 °;

2) the tip lies on the longitudinal axis of the blade, even if the blade is curved;

3) the length of the blade, sufficient to penetrate the human body;

4) the handle, convenient for deduction in a hand;

5) the overall strength of the structure and the rigidity of the blade, which is achieved due to the presence of stiffeners.

Quite rarely in investigative and forensic practice, there are chopping (hatchets), chopping-cutting (battle axes, including halberds and reeds, sabers), simultaneously piercing-cutting and chopping-cutting weapons (checkers, cleavers, scimitars, broadswords, bayonets, cleavers, large daggers).

Weapons of shock-crushing action - batons, brass knuckles, handhelds, cue balls, flails, etc. The clubs used by criminals are usually made from scraps of metal pipes, pieces of cable, legs of chairs, parts of shovels and broomsticks. However, in order to recognize such an object as a cold weapon, it is necessary to establish the presence of certain dimensional data (length - at least 30-40 cm, diameter - about 3 cm), which determine the mass of the object, the hardness of the material from which it is made, and the mandatory handle - wrapped with insulating tape or a notched area, as well as holes with a wrist loop (lanyard).

Brass knuckles are a figured plate and consist of a frame with a striking surface and holes for fingers, a rack and an emphasis.

Handhelds consist of a ring bandage (leather or fabric) and a metal plate (most often lead) fixed on it, round, oval or quadrangular in shape. The handheld is put on the hand so that the plate is on its inner surface and the blow is applied with an open palm.

The cue ball (cue ball) in design resembles half of a one-two-kilogram dumbbell. It is held in the fist so that the spherical shock part is under the little finger and the blow is applied from top to bottom.

The flail is a historical type of edged weapon of shock-crushing action. It consists of a rigid handle, a flexible suspension and an impact weight ("apple"). Sometimes the handle is equipped with a wrist loop.

Nunchucks are a type of edged weapon that not only has a shock-crushing, but also an infringing and suffocating effect. Nunchucks consist of two (rarely three, four, five) wooden cylindrical (or conical) smooth or faceted elements 25-30 cm long, weighing at least 0,8 kg each, connected by a flexible suspension.

In practice, there is a combined edged weapon: a knife-brass knuckles, a club-stiletto, and also in combination with firearms (for example, a revolver-brass knuckles-stylet of the Lefoshe system).

2.20. The concept and system of forensic examination of documents

Forensic examination of documents is a branch of forensic technology that studies the signs of writing, types and methods of changes in documents, develops and improves methods for examining and examining documents in order to detect and investigate crimes.

A document in forensic science is a material object that records information about any occurred or alleged facts or circumstances that are relevant to a criminal case.

Classification of documents is carried out on various grounds. Depending on the method of fixation, documents are divided into:

▪ written (handwritten texts, digital symbols, as well as texts and digital symbols made using various printing devices);

▪ graphic (drawings, drawings, plans and diagrams);

▪ photographic documents;

▪ film documents;

▪ phonological documents (tape recordings);

▪ electronic documents;

▪ video documents.

Depending on the origin, the documents are divided into:

▪ unofficial (correspondence between citizens);

▪ official (correspondence between citizens and organizations, as well as organizations among themselves with appropriate official identification, certification).

According to the procedural nature, documents are divided into:

▪ evidence documents (if the information contained in them is important for establishing the circumstances to be proven - part 1 of article 84 of the Code of Criminal Procedure);

▪ documents - material evidence (if they retain traces of criminal actions, or were the direct subject of a criminal attack, or can serve as means for detecting a crime and establishing the circumstances of the case - Part 1 of Article 81 of the Code of Criminal Procedure); in such cases, the investigator is interested not only in the content, but also in the document itself (its appearance, details, signs of forgery, etc.).

By substantive nature, documents are distinguished:

▪ authentic (the contents and details of which correspond to reality);

▪ counterfeit or counterfeit (the content or details of which do not correspond to reality).

The object of forensic research of documents as a branch of forensic technology is mainly documents - physical evidence. They are carriers of the material traces of the crime, information about the identity of the offender and are indispensable in a criminal case.

As stated above, a document will be considered evidence if it was:

▪ means of committing a crime (fake invoices, invoices, receipts, checks, etc.);

▪ a means of concealing a crime (anonymous letters written with the aim of directing the investigation along the wrong path, etc.);

▪ the direct object of a criminal attack (for example, stolen documents);

▪ a means of detecting a crime, establishing the factual circumstances of the case.

Forensic examination of documents consists of the following sections:

▪ forensic study of writing (written speech and handwriting);

▪ technical examination of documents;

▪ forensic examination of typewritten texts and texts made using various printing devices.

2.21. The concept of signs of written speech, their system and forensic significance

Written speech reflects the semantic side of the letter. Signs that reflect the semantic side of the letter and determine the level of proficiency in written speech are divided into general and particular.

The general features that characterize written speech as a whole include features that reflect the degree of development of stylistic, lexical and grammatical skills.

Signs characterizing the degree of development of stylistic skills are determined by the ability to use a particular style of writing.

There are the following styles: official-business, scientific, production-technical, journalistic, literary-artistic, colloquial-everyday.

The general construction of written speech (architectonics) is characterized by the presence or absence of a logical connection between the individual elements of the text and is determined by the correctness, completeness and consistency of the presentation of thoughts; the presence or absence of paragraphs; the predominant type of proposals; the presence of symbols, abbreviations, corrections.

Common stylistic features include accentuation skills - highlighting the main provisions in various ways (underlining, in a different font, spacing, etc.), using exclamation marks, ellipsis, brackets in the text.

The degree of development of lexical skills is determined by the general vocabulary of the performer (author) of the text, consisting of neutral (common) vocabulary and vocabulary that has limited use, characteristic of a certain social group of people. These words include:

▪ dialectisms - words, phrases, expressions characteristic of persons living in a certain area;

▪ professionalisms - features of written speech characteristic of certain professions and specialties;

▪ argotisms - words and expressions with a special meaning ("khata" - apartment, "cash" - cash, etc.);

▪ vulgarisms - words and expressions, the use of which does not meet generally accepted standards of morality and ethics (rude words and obscene expressions);

▪ archaisms - outdated words and expressions that are not currently used by most people ("verst" - an ancient measure of length, "kartuz" - a headdress, etc.);

▪ neologisms - new words and expressions that have not fully entered into everyday use;

▪ barbarisms - words borrowed from other languages ​​and having an analogue in the Russian language ("consensus" - understanding, agreement, "pluralism" - coexistence of several opinions, etc.);

▪ exoticisms - words and expressions characterizing the life and national characteristics of other peoples ("aksakal", "pan", "hacienda", etc.);

▪ jargon - words and expressions used in a criminal environment ("ksiva" - document, "boilers" - watch, etc.).

The degree of development of grammatical writing skills is characterized by the performer's mastery of the rules of the Russian language and is determined by the number and nature of errors per 5-7 pages of handwritten text.

A high degree of literacy is characterized by one or two minor spelling or punctuation errors and one or two errors in word choice and sentence construction; medium - one or two gross spelling and punctuation errors and three errors in the choice of words and construction of sentences; low - twelve or more errors of the first group, respectively, as well as six or more errors of the second group.

Particular signs of written speech are manifested in individual lexical, grammatical and stylistic skills characteristic of a particular handwritten text executor (author).

Lexical individual skills include: incorrect use of words, expressions due to a lack of understanding of their meaning; repetition of the same words (poverty of vocabulary); the use of superfluous words; incorrect use of phraseological units; signs of the author's vocabulary (the use of certain words, professionalisms, dialectisms, etc.).

The grammatical individual skills of the performer of the text include: repetition of homogeneous spelling and punctuation errors, incorrect use of verbs, pronouns, etc.

Stylistic individual skills are characterized by the style of presentation, the peculiarities of the construction of written speech, accentuation, characteristic of a particular performer (author).

2.22. The concept of signs of handwriting, their system and forensic significance

Handwriting is a system of habitual movements in the execution of written characters, which is characterized by individuality and relative stability, which make it possible to identify the executor of the manuscript.

The individuality of handwriting is understood as a set of features of the writing and motor skills inherent in a given person. Relative stability means the persistence of individual characteristics in handwriting for a long time, and often throughout life.

Common features of handwriting include:

▪ signs characterizing the spatial orientation of movements;

▪ reflecting the degree and nature of the development of written-motor skills;

▪ reflecting the structure of movements along the trajectory.

The following are general features of handwriting that characterize the spatial orientation of movements (sometimes they are called topographic features):

▪ placement of the text as a whole: on how many sides of the sheet is the text located (on one, on both), at what distance from the top (bottom) edge of the sheet cut (large - more than 3 cm, medium - from 1 to 3 cm, small - less than 1 cm);

▪ placement of independent fragments: headlines, appeals, signatures, resolutions, etc. regarding the main text and sections of the sheet;

▪ presence or absence of fields (if any - right, left), their size, line configuration (convex, concave, straight, winding);

▪ shape of the writing line in a line (straight, curved, concave, convex);

▪ placement of movements when performing punctuation marks, the interval between the punctuation mark and the preceding word, etc.

General characteristics of handwriting, reflecting the degree and nature of the development of written-motor skills, are characterized by the development of handwriting and the degree of complexity of movements when performing individual characters and the structure of handwriting as a whole.

The development of handwriting is determined by the level of proficiency in the technique of writing and is characterized by the pace and coordination of movements. Depending on this, they distinguish between underdeveloped handwriting (low coordination and degree of connectedness of movements, continuous writing of less than two or three letters in a word), medium developed (continuous writing of four or five letters) and highly developed (six or more letters made together).

The degree of complexity of movements is determined by the level of possession of technical and graphic skills and the peculiarities of writing and motor skills when performing written signs. In accordance with this, they distinguish: simple, simplified, complicated handwriting.

General features of handwriting, reflecting the structure of movements along the trajectory, are characterized by shape, direction, slope, size and acceleration.

The predominant form of movement in writing is considered to be the execution of letters and their elements in rectilinear-circular (arc) movements. However, there are also such forms of movements as rectilinear-angular, sinuous, loopy, angular and mixed.

The predominant direction of movement is considered in relation to the implementation of arc (oval) elements. Distinguish left-handed direction of movement (counterclockwise) and right-handed (clockwise); there may be a mixed direction of movement.

According to the slope, handwriting is distinguished between right-handed, left-handed and mixed. In addition, the text can be written in vertical handwriting, i.e. without slope.

Handwriting size is determined by the height of lowercase letters. There are small (height of lowercase letters up to 2 mm), medium (from 2 to 5 mm) and large (more than 5 mm) handwriting.

The extent of horizontal movements, or acceleration, of handwriting is determined by the ratio of the extent of horizontal movements and the predominant vertical extent (size of handwriting). Depending on this, compressed, medium and sweeping handwriting is distinguished.

The coherence of handwriting is the ability of the performer to perform a certain number of written characters without tearing off the writing instrument (continuity of movements). According to the degree of coherence, handwriting is divided into solid, highly coherent, medium coherence, low or low coherence, and jerky handwriting.

Handwriting pressure is the distribution of efforts in the execution of written characters. Distinguish handwriting with weak, medium and strong pressure.

Particular features of handwriting characterize the features of the execution of written characters, their elements and connections between them by a specific person, i.e. they reflect the features of the writing and motor skills of this person. It is the particular signs that mainly make it possible to identify the artist of the manuscript by handwriting.

Handwriting features include:

▪ form of movements (characterized by the outline of the elements of a written sign; rectilinear, angular, arcuate, oval, loop and tortuous forms of movements are distinguished when performing elements of written signs and their connection);

▪ direction of movements when performing a written sign (from top to bottom, from bottom to top, from right to left or vice versa: right-circular - clockwise, left-circular - counterclockwise);

▪ length of movements (characterized by an increase or decrease in size, both vertically and horizontally, of individual written characters and their elements - the ratio of size, acceleration of letters in words);

▪ coherence of written signs and their elements (characterized by the type of connection of movements - continuous and interval types);

▪ number of movements (determined by comparison with existing standard recipes in the direction of decrease or increase - increased or decreased);

▪ sequence of movements (characterized by a violation of the sequence of movements compared to the provided standard recipes);

▪ relative placement of movements (determined by the location of the elements of a written sign relative to the line of writing, as well as relative to other elements);

▪ complexity of movements when performing a written sign relative to the copybook (simplification of movements when performing written signs and their connections and complication of movements); in addition, a distinction is made between the usual execution of written signs (in accordance with the rules or close to them).

Particular signs are characterized by the greatest degree of stability and remain, in principle, unchanged throughout a person's life. True, a particular person may still experience some changes in handwriting. They are explained by both objective and subjective factors. These changes can be divided into natural and intentional. Natural changes in handwriting are determined both by unusual writing conditions (changed posture of the writer, unusual writing material, unusual writing instrument, insufficient lighting) and the internal state of the writer (age-related changes, various diseases, functional state - fatigue, intoxication).

Intentional changes in handwriting consist in the cursive disguise of the writer's handwriting, imitation of the typeface, change of the writing hand, imitation of the handwriting of another person.

2.23. Rules for sending materials for handwriting examination

In forensics, free and experimental handwriting samples are usually distinguished.

Free handwriting samples are handwritten texts made out of connection with a criminal case and, as a rule, before its initiation (personal and official correspondence, statements, questionnaires, autobiographies, etc.).

Basic requirements for free handwriting samples:

▪ reliability (certainty) of origin, i.e. execution of the document by the person being verified, and not by another person;

▪ compliance with the document under study: samples must be close in time of writing, form and content, executed in the same language, the same type of paper and similar tools;

▪ sufficiency of samples in quantitative terms: two to five pages of handwritten text and 10-15 signatures.

Experimental handwriting samples are handwritten texts specially made by the alleged perpetrators at the suggestion of the investigator in accordance with the requirements of the criminal procedure legislation. Obtaining experimental samples is carried out on the basis of the decision of the investigator and is drawn up in a protocol.

Rules for obtaining experimental samples:

▪ the conditions under which the samples are performed must be familiar (ordinary) to the writer, however, if necessary, samples are also taken in conditions unusual for the writer (with a change in posture, an unusual writing instrument for him, etc.) or with a deliberate change in handwriting (imitation of printed font, execution of text with a change of writing hand, etc.);

▪ samples, as a rule, are performed under dictation, and a special text is compiled, which includes words and phrases from the manuscript being studied;

▪ the text under study should not be shown to the sample performer;

▪ samples are obtained with a time gap on different sheets of paper;

▪ the volume of experimental samples should be at least five to ten pages and at least five pages of sample signatures (10-20 on each page).

After all the materials necessary for the examination are collected, the investigator selects an expert institution or expert and issues a decision on the appointment of a handwriting examination, which briefly indicates the circumstances of the case relevant to the study, lists in detail the materials sent for examination, and formulates the questions that are necessary. decide during the research. In questions posed to the expert, the name and details of the document to be examined (number, date, etc.) should be indicated. If a manuscript is subject to research that does not have a title or any details, then it is necessary to indicate what words it begins and ends with. It also indicates what exactly is being investigated (text, part of the text, a separate entry, signature, text and signature at the same time), surnames, first names, patronymics of the alleged performers.

The following questions are posed before the handwriting examination: which of the persons indicated in the resolution made handwritten notes (signatures) in the document under study; who signed on behalf of a certain person - by himself or by another person; what gender is the handwritten text written by; under ordinary or unusual conditions it is performed; whether the handwritten text is written in a distorted handwriting; whether the author of the document is a specific person; what are the characteristic data of the author of the text (native or predominant language, place of formation of speech skills, literacy level, profession, etc.).

2.24. Types of document forgery. Techniques and means of detecting signs of forgery

There are two types of document forgery - full and partial.

A complete forgery is the production of a document in its entirety with all its details or its letterhead, seal impressions, stamp, signatures in it.

Partial forgery is the modification of the content or individual details of a genuine document.

Ways to completely fake:

▪ production of the entire document or its form;

▪ entering deliberately false data into a document;

▪ forgery of the signature of the person certifying the document;

▪ forgery of seals and stamps.

Methods of partial falsification of documents:

▪ erasure - mechanical removal of part of the text;

▪ etching and washing - removing text with chemical reagents and various solvents;

▪ addition - adding new words, phrases or individual characters to the document;

▪ replacing parts of a document - pasting individual sheets, re-gluing photographs, replacing sheets, etc.

Ways to forge blank documents:

▪ drawing;

▪ production using homemade clichés;

▪ photo reproduction;

▪ production using duplicating equipment, using printing and computer equipment.

The main way to establish signs of forgery of a blank document is to compare it with samples of genuine blanks. This draws attention to:

▪ accuracy of reproduction of watermark designs, protective mesh, emblems, typographic font signs;

▪ color of dyes;

▪ paper quality.

Signs of replacing a photo (part of a photo):

▪ the presence of lines of separation of the photograph, differences in background density, discrepancy between images in certain areas of the photograph;

▪ wrinkling of the emulsion layer, traces of glue in the photograph, stains of the dye of the seal impression (stamp);

▪ violation of the integrity of the surface layer of paper around the photograph;

▪ discrepancy between the lines of circles, size, pattern, color, color intensity of parts of the seal impression on the photograph and the document;

▪ absence of a gap in the print lines at the border of the photograph and the document;

▪ exceeding the size of the photograph compared to the size of the frame, gluing the photograph on the frame line;

▪ absence of stamps on the photograph;

▪ discrepancies between parts of relief prints or strokes of a mastic seal imprint on the photograph and the document form;

▪ differences in the graphic characteristics of letters in parts of the print on the photograph and the document;

▪ separation from the substrate and deformation of the emulsion layer;

▪ differences in the color of glue particles protruding from under the photograph.

Cleanup signs:

▪ violation of the structure of the top layer of paper (weakening or disappearance of paper gloss, ruffled fibers);

▪ reducing the thickness of the paper (increasing its light transmission at the point of erasure);

▪ damage to the ruling, protective grid and other printed elements of the form;

▪ remnants of strokes of deleted text;

▪ dye smears in the strokes of newly written text.

Signs of counterfeit prints of seals and stamps:

▪ different sizes and graphic designs of letters of the same name in words;

▪ discrepancy between the axes of the letters and the radius of the circle;

▪ uneven spacing between circle lines, words, logos;

▪ lack of symmetry in the image of the print elements;

▪ broken line of lines;

▪ sinuous strokes of oval elements;

▪ grammatical errors;

▪ uneven axes tilt;

▪ discrepancy in size, shape, content, placement of text in the print and samples;

▪ the presence of handwritten versions of signs, traces of writing instruments and preliminary preparation;

▪ pallor and blurriness of the strokes of the print;

▪ uneven lines of circles, inaccuracies in the designs of the coat of arms, angularity of ovals, mirror images of individual signs.

Signs of etching (washout):

▪ staining of the protective mesh;

▪ presence of stains, change in paper color, loss of gloss;

▪ surface roughness, increased fragility, damage to paper;

▪ blurred notes;

▪ the presence of discolored or discolored strokes;

▪ remains of strokes of the original text;

▪ smears of dye in newly written strokes and their difference in color and shade from the strokes of the rest of the text.

Signs of addition and reprint:

▪ differences in strokes in color and color intensity;

▪ differences in the structure of strokes;

▪ differences in the placement of records in relation to each other, graph lines, rows, document edges;

▪ differences in sizes and designs of typewritten characters of the same name;

▪ differences in the spacing between letters and lines, violation of line lines, parallelism of lines, vertical arrangement of characters;

▪ presence of a reprint of the sign;

▪ differences in general and specific characteristics of the printing devices used;

▪ traces of test prints in the form of double images of characters;

▪ differences in the color intensity of characters in individual parts of the text;

▪ non-parallelism of lines, different positions of the longitudinal axes of signs relative to the vertical;

▪ illogical abbreviations of words, some of them protruding beyond the edges of the document;

▪ uneven spacing between lines, words and letters within words;

▪ differences in general and specific features of handwriting;

▪ the presence of strokes of the main text, their thickening and doubleness;

▪ differences in the intensity and shades of the dye of the strokes;

▪ smudges of dye in the strokes of new entries in places where text has been deleted;

▪ violation of the logical structure in the content of the document.

Signs of replacement of sheets or part of a sheet, its fragments:

▪ different thickness of paper in different parts of the document;

▪ the presence of underdrawing of protective grid lines, graphing, and ruling;

▪ discrepancy between the strokes of records, the ruler of the protective grid pattern, and other images at the gluing (connection) boundary;

▪ violation of the order of page numbering or inconsistency of numbers with each other;

▪ differences in the types of typographic font, in the design of the protective grid, the shape and size of the ruler;

▪ discrepancy between sheets in size, paper quality and degree of wear;

▪ additional punctures in places where sheets are attached;

▪ differences in the color or shade of the dye of the strokes;

▪ differences in the characteristics of handwriting and typewritten texts.

Signs of a fake signature:

▪ the presence on the front side of extraneous strokes in the form of indentations, dye residues, and on the back side - a raised, raised image of the signature;

▪ tortuosity of lines, their angularity, breaks in strokes or their thickening;

▪ presence of underdrawing elements;

▪ weak intensity, heterogeneity or blurred stroke coloring;

▪ the absence of clearly defined edges on the strokes;

▪ swelling and warping of the surface layer of the document (from moisture in the copy material);

▪ difference in the luminescence color of individual sections of the signature and the document.

Signs of violations of the laminating layer:

▪ significant (non-standard) thickness of the document;

▪ presence of a second layer of paper under the photograph;

▪ damage to the surface of the form along the edges of the photograph;

▪ the presence of folds, cracks, bubbles, matte areas on the surface of the laminate, bifurcation of the laminate;

▪ the presence of foreign inclusions under the laminate, stains of the form, text, damage to sections of paper;

▪ differences in the intensity of luminescent glow of different parts of the document.

2.25. The study of typewritten texts and texts made using printing devices

The objects of research in this case will be: documents made by typography, typewritten texts, documents made using personal computer printers, faxes, copying and duplicating equipment.

The most important factor for combining these objects into one group is the commonality of the mechanism for the formation of printed characters and methods for their study. Thus, the mechanism of formation of printed characters is characterized by the features of the printing mechanism and the font of the printing device.

These features form a set of features that are divided into general and particular. Common features include: step of the printing mechanism, line spacing, character set, font brand.

The step of the printing mechanism is determined by the horizontal distance between adjacent characters. The measurement is carried out between the same-name elements of prints of one character within one line, followed by dividing this distance by the number of characters between them, including spaces.

Line spacing is the distance between the bases of adjacent lines. The measurement is carried out between the extremely remote parallel rows, followed by division by the number of rows. Single-spaced texts are selected, when the line spacing is less than the height of a lowercase letter, as well as one-and-a-half, two, two-and-a-half, and three-spaced texts.

The set of characters for various printing devices varies depending on the type and model of this device (for example, on typewriters, the number of characters ranges from 84 to 92).

A font brand is determined by its size and configuration and has a corresponding numeric number or name. Conventionally, by size, fonts can be divided into large (over 2,25 mm in height), medium (from 2 to 2,25 mm) and small (up to 2 mm).

In various printing devices, common features also appear that characterize the method of applying a dye that forms signs (there are matrix printers, printers with a monolithic type carrier; inkjet, thermal laser printers). Depending on this, signs are distinguished that characterize the type of printer device. These features include: the width of the strokes, microstructure, the presence of gloss in the strokes; the nature of the edges, the presence of halos around strokes, signs, the presence of traces of pressure; the presence of magnetic properties of the substance of strokes, the ratio of the coloring matter to various solvents (water, acetone, alcohol), the glow of paper and strokes in infrared luminescence; the presence or absence of certain characters that are structurally provided for by this printing device, etc.

Particular features include features of the printing mechanism and font that appear in the text: displacement of individual characters both vertically and horizontally, misalignment of characters along the vertical, uneven intervals, uneven color intensity of characters, violation of the parallel placement of characters in a line, curvature of character elements , lack of cut-offs, differences in the sizes of individual elements of the same sign, etc.

In addition, there are signs that characterize the executor of a text made on one or another type of printing device: the ability of the person who executed this text to work on this printing device (observance of typing rules, use of the entire keyboard, etc.), features that appear when using a printing device (location of individual text elements, margins, paragraphs, page numbering, etc.).

Special mention should be made of the study of documents made by typographical method and using operational printing.

Methods for examining documents made using various printing devices include: visual examination, including using a microscope, various lighting sources; research in different spectrum zones; photographic research methods; the use of chemical reagents to study the dye; mathematical methods (probabilistic-statistical, analytical, method of graphical algorithms), etc.

In cases where special knowledge is required to establish the authenticity of a document, as well as to determine the printing device, a technical examination of documents is assigned. The objects of study in this case will be both the disputed document itself (or its details), and samples of the text made on a specific writing device, seals, stamps, original documents, securities, etc., the authenticity of whose origin is indisputable.

Depending on the object and objectives of the investigation, the expert may be asked questions of an identification nature, for example: whether the text of the document received for examination was executed on a printing device found on the suspect; a disputed document was made using one or different printing forms, etc. Diagnostic questions can also be raised, for example: what type (kind) of the model is the printer on which the document was made, what type of printing was used in the manufacture of the document form, whether the document was subjected to any changes (cleaning, etching, washing off, rewriting , reprint), and if it was, what method was used and what was the original content of the document, etc.

2.26. Forensic Habitoscopy. The concept and system of elements and signs of the external appearance of a person

Gabitoscopy is a branch of forensic technology that studies the patterns of imprinting a person's appearance in various displays and develops technical and forensic tools and methods for collecting, researching and using data on appearance in order to detect, investigate and prevent crimes.

The external appearance of a person is defined as a set of information about a person, perceived visually. Such information is used in the process of detecting and investigating crimes, in particular, to search for unknown persons who have fled the scene of unsolved crimes, if there is information about their appearance; search for well-known persons who are hiding from the investigation or court or fled from the place of punishment; search for the missing; identification of living and deceased (deceased) citizens.

The appearance of a person can be represented as a system of elements, i.e. details, parts highlighted during its visual study. Elements of the external structure (head, face, torso, limbs), functional manifestations of a person (posture, gait, facial expressions, etc.), general physical data (gender, age, anthropological type, etc.), details of clothing items and small worn items are forensically significant.

Elements of a person's external appearance can be conditionally divided into general (the largest - face, head, etc.) and private, component parts of the general (nose, mouth, ears, etc.).

The appearance of one person differs from the appearance of another by individual characteristics of the appearance as a whole or its elements (features).

Signs of appearance, or signs of a person’s external appearance, are defined as noticeable characteristics of the external appearance as a whole or its parts.

Elements and signs of the structure of the human body, manifestations of its vital activity are called own. They are peculiar to the person himself, to his appearance, and inalienably belong to him. Accompanying elements include complementary elements and signs of a person's external appearance. They are not elements of the structure of the human body or a manifestation of its vital activity, but to some extent they allow us to judge our own elements and characteristics (gender, age, habits, gait, etc.).

Own elements and their signs are divided into general physical, anatomical and functional.

The general physical elements of the external appearance of a person include gender, age, anthropological type. General physical signs are manifested in anatomical, functional and related signs, the general structure of the figure, facial features, in some features of functional manifestations, in clothing and other attributes. Therefore, general physical elements and features are often also called complex.

The anatomical elements of a person’s external appearance include parts of his body that are distinguished during observation (study) (the figure as a whole, head, face, neck, shoulders, chest, back, limbs, hairline, wrinkles, spots, folds, traces of various injuries and operations) . They are characterized by signs of shape, contour, configuration, size, position, color.

The functional elements of external appearance include the observed states of a person and his actions (posture, gait, facial expressions, articulation, gestures, everyday and special habits), which are determined by the position, relative position and movements of body parts. The features inherent in functional elements will also be functional. Forensically significant are not random positions and movements of anatomical elements, but only habitual, stable, stable.

Related items include clothing, small wear items, items used to decorate the appearance (or parts of them), and their signs.

All elements and signs of clothing and small wearable items can be divided into production, which are formed during the process of their manufacture, and reflective, which appear during use and operation of the item. Clothing and small wearable items are determined by type and variety, material, purpose and manufacturing features.

The reflective signs of clothing and small wearable items can be divided into groups according to their origin: elements and signs of the degree and nature of wearing clothes, elements and signs of clothing care and repair, traces of foreign substances on objects and things.

2.27. Technique for making subjective portraits

Displays of the external appearance of a person, used in the practice of solving and investigating crimes, are usually divided into subjective and objective.

Subjective displays arise as a result of direct visual perception (observation) of a person or his remains by another person. Often, the observation is subsequently supplemented by the reproduction of the mental image that has arisen in a materially fixed form (description, drawing).

Subjective displays include:

• mental image;

▪ description;

▪ subjective portrait.

A mental image can be used directly (when the attacker is identified by the victim) and indirectly, when it materializes in the form of subjective reflections (descriptions, making a subjective portrait).

Sometimes, according to the description, it is difficult to recreate the appearance of the person being installed. In such cases, it is advisable to make a subjective portrait.

A subjective portrait can be made by the bearer of the mental image himself or, according to his testimony, by other persons (operational workers, investigators, specialists). However, it must be remembered that subjective display gives only an approximate, similar idea of ​​​​appearance.

Modern forensic practice knows four main types of subjective portraits:

1) drawn;

2) compositional-drawn (composed of typified sets of drawings);

3) compositional-photographic (made from fragments of photographs of various individuals);

4) complex, or “living”. The name of the last type of subjective portrait is associated with a special technique for its production: according to eyewitnesses, a person is made up to look like the wanted person, who is then photographed or filmed.

Various technical means are used to make subjective portraits. When obtaining compositional photographic portraits in modern practice, polyprojectors are most often used. Compositional-drawn portraits are obtained using devices based on the "Identitykit" principle: ICR-2 (identification set of drawings) and its modification - "Portrait". For the production of subjective portraits, computer systems are also increasingly used ("Fotofit", "Portrait"). Regardless of the type of subjective portrait and the technical means used, the entire process of their production consists of three stages: preparatory, actual production and design.

As part of the preparatory stage, the personal characteristics of the eyewitness and the conditions of perception are studied, the most comfortable working conditions are created, an arbitrary description of the appearance of the wanted person is recorded, and technical preparation for production is carried out.

The stage of actually making a subjective portrait consists of preparing the initial version of the portrait, clarifying and "finishing" its details, obtaining a second version of the portrait, and, finally, approving it by an eyewitness.

At the final, design stage, the actions for making the portrait are recorded: a certificate is drawn up with a photo table attached to it, on which photographs of the intermediate and final versions of the portrait are placed. The certificate is signed by all participants in the work.

The value of subjective portraits is great, since they allow you to get a holistic view of the appearance of a person and, in fact, replace photographs.

Objective displays are photographs, especially color ones, that convey the appearance of a person with sufficient accuracy and completeness, video images, x-rays, death masks, etc.

2.28. Rules for sending materials for forensic portrait examination. Forensic examination of photographic portraits

Establishment of a person by the features of appearance displayed in photographs, as a rule, is carried out by conducting a forensic portrait examination. In this examination, a specific person depicted in a photograph acts as an identifiable object, and photographic portraits depicting an unidentified person act as an identifying object. The purpose of identification is to establish or eliminate the identity of faces depicted in different images.

Materials submitted for examination must meet the requirements of reliability (their origin must be undoubtedly established), admissibility (obtained in the manner prescribed by law). Photographs must be comparable in terms of angle, close in time of production, conditions for their receipt (illumination, background, etc.), and also good in quality, i.e. sharp, medium contrast, without retouching and veil, damage and pollution.

In the first stage of the forensic portrait examination, the properties of objects and their influence on the transfer of signs of external appearance are studied.

In the second (analytical) stage, a separate study of objects is carried out. Based on photographs, elements are measured, markup is performed, development tables are compiled.

In the third (comparative) stage, separately identified features are compared, while differences and coincidences are established, which are checked directly from the images when they are compared, combined, superimposed. Comparison is the main method of comparison; markings, coordination grids, and quantitative methods are often used for this. Combination of images of the face as a whole and individual details of the external appearance is used if they are in the same position in the image. Photographs are brought to the same scale, they are cut along different lines, and then a part of one image is added to another. Overlay (application) is used when there are images of faces photographed from the same angle. One of them - negative - is superimposed on another - positive - image.

In the fourth stage, an assessment is made of really coinciding and differing features, and conclusions are drawn. Finally, at the fifth stage of the study, an expert opinion is drawn up, and in the case of an extra-procedural study, a certificate.

2.29. The concept of micro-objects, their classification

Great help in the disclosure and investigation of crimes is provided by the study of so-called micro-objects. These are small and smallest particles of materials, substances, fibers, soil, as well as microtraces.

Microobjects are material objects associated with a crime event, the search, detection, seizure and study of which, due to their small size, is difficult or impossible without the help of magnifying devices. These actions can be carried out using special technical means that make it possible to work with small amounts of substances.

For practical use in forensics, a set of classifications of micro-objects for various reasons has been adopted.

1. Depending on the state of aggregation, all micro-objects can be divided into liquid (solutions, emulsions, suspensions), solid (crystalline, amorphous) and gaseous.

2. According to the nature of origin, organic and inorganic micro-objects are distinguished, which, in turn, are divided into natural and products of human activity.

3. Considering the origin of micro-objects, they can be divided into occurring:

a) from the criminal (his body, clothes, shoes, etc.);

b) the victim;

c) a crime weapon or vehicle;

d) the situation at the scene of the incident.

4. Depending on the mechanism of occurrence, there are micro-objects of mechanical separation, mechanical dissection, resulting from thermal or chemical exposure.

All technical means necessary for working with micro-objects, as a rule, are in a set of a special suitcase, which includes five groups of means.

The first group - tools designed to search, detect and inspect micro-objects. This is an ultraviolet illuminator, a set of magnifiers, a portable microscope, a magnet (magnetic brush), sticks made of organic glass and ebonite, an electric torch.

The second group is the means used to remove micro-objects, a micro-dust collector with a set of nozzles and removable filters, brushes, sticky PVC film, glass capillaries, syringes-tubes.

The third group - tools for working with micro-objects: a set of tweezers, a knife medical saw, a set of scalpels, probes, scissors, a knife, a tape measure, slides and coverslips.

The fourth group - means intended for packaging and storage of micro-objects. It includes polyethylene containers and bags, glass bottles, tracing paper, adhesive tape, packages with clean filters for the micro-dust collector.

The fifth group is auxiliary means.

In addition to a special suitcase, there is a small set of technical means for working with micro-objects at the scene, conventionally called "Drop".

The search and detection of micro-objects must be carried out with the observance of precautionary measures. All objects are first inspected without any movement; when changing the position of the object, a clean sheet of tracing paper, polyethylene, thick paper is placed under it; touch the object with clean tools, hands in rubber gloves or using gaskets made of sheets of tracing paper or polyethylene; contact of different parts of the object (its external and internal sides) should be excluded; the particles separated during the inspection from the carrier objects are stored for further study. If there are no conditions for violating objects on the spot, the corresponding trace-bearing items are withdrawn for examination in laboratory conditions.

Before starting the search for micro-objects at the scene, it is necessary to decide what micro-objects can be found in a given situation and where to look for them. This is found out on the basis of an analysis of the mechanism of the event, the method of committing the crime and the "picture" of traces at the scene. Each type of crime corresponds to characteristic carrier objects on which micro-objects can be detected. Thus, it is very important to establish what happened (the nature of the event), and to identify possible objects - carriers of micro-objects.

A study of practice shows that most often such objects are:

1) the body, clothes, shoes of a person (victim, criminal and other participants in the incident);

2) tools for breaking barriers and inflicting injuries on victims;

3) various furnishings of the scene of the incident, as well as soil, road surfaces, floors in the premises;

4) vehicles.

An important stage of working with micro-objects at the scene of an incident is their fixation and removal. First of all, it is necessary to describe them as fully as possible in the inspection report, which indicates the appearance and approximate dimensions of micro-objects, their distribution on the carrier object. The color, shape, quantity, pattern formed by the accumulation of micro-objects, and characteristic features are described in detail. The technical and forensic means used to detect and seize micro-objects must be indicated.

After being described in the protocol, micro-objects and carrier objects are photographed according to the rules of nodal and detailed shooting.

Micro-objects are seized either separately from the carrier object or together with it. If possible, it is better to remove the micro-objects together with the carrier object, since sometimes it is difficult or impossible to separate them from it, and, in addition, the location of the micro-objects on the carrier object can also matter.

2.30. Forensic odorology

Forensic odorology is a developing branch of forensic technology that studies the patterns of formation of human odor traces and develops means and methods for their detection, seizure, storage and use in order to solve and investigate crimes.

The smell of a person is individual and under certain conditions can be stored for decades. It has the ability to stay on the surfaces of objects that a person has come into contact with for a long time, which predetermined the forensic significance of the smell trace. In addition, like micro-objects, odor traces are not perceived by humans and in most cases remain at the scene.

The main means of collection and conservation of the scent trail include: pieces of baize or flannel (adsorbent) 10x15 cm in size; aluminium foil; glass jars with a capacity of 0,5 l with hermetically sealed lids; packing material, rubber gloves, tweezers, large scissors, spatula, water spray bottle.

The removal of odor traces is carried out before the start of the active part of the inspection of the scene. Objects that usually contain odor traces include: spots of dried blood, particles of the human body that have separated and dried without putrefactive processes; things (worn clothes, shoes), cigarette butts, instruments of crime or objects that have been in contact with the body of a living person for at least half an hour; footprints, shoes.

The collection of odor is carried out by means of prolonged contact (1-1,5 h) of the adsorbent with the subject-carrier of the trace. To do this, a clean flannel flap is removed from a jar or packaging foil with tweezers, applied to the place where there is supposedly an odor trace, and pressed tightly with a piece of foil. If the trace is removed from a flat horizontal surface, then the adsorbent must be pressed by some kind of load. Then, after the odor collection is completed, the adsorbent is placed in a jar and tightly closed. All these actions are described in the protocol of inspection of the scene, to which the seized objects are attached.

Physical evidence, which contains a sweat-fatty substance, traces of blood, etc., may be the objects of various examinations. At the same time, they are sources of individual smell. In such cases, the smell from these items is extracted in the laboratory using special equipment.

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.

Topic 4. ORGANIZATION OF DISCLOSURE AND INVESTIGATION OF CRIMES

4.1. The concept and essence of the version. Version types

The forensic version is an assumption based on factual data about the nature or individual circumstances of an event that has signs of a crime, accepted for verification by an investigator or other authorized person when deciding whether to initiate a criminal case, investigate or trial a case. From the standpoint of logic, a version is a kind of hypothesis, which is a form of thinking, with the help of which the transition from probable knowledge to reliable is carried out.

Versions differ in volume (general and specific), in the subject of the nomination (investigative, operational-search, expert, judicial), in the degree of specificity (typical and specific).

The general version is a hypothetical explanation of an event that has signs of a crime as a whole (what happened - murder, suicide, accident), a private one is a hypothetical explanation of individual parties, elements of this event (motive, method of committing, time, place, identity of the offender, etc.). d.).

Investigative versions are put forward and checked by the investigator in order to clarify the essence of the event and all its circumstances, i.e. they can be either public or private.

Operational investigative versions are put forward by an operative who, on behalf of an investigator, checks certain circumstances in a criminal case under investigation by the investigator. Operational investigative versions can only be private.

An expert version is an expert's assumption accepted by him for verification during the production of an expert study. It can only be private.

Finally, the judicial version is the assumption of the court, accepted by it for verification during the consideration of the case. The court receives a case in which only one version is formulated - the one that remained as a result of the investigation, after all the other versions that were checked in the case have disappeared. This is the so-called "charge version" formulated in the indictment. The court is obliged to carefully check this version, putting forward a counterversion (general), and for each of the private versions - the corresponding private counterversions (“there was not a theft, but another crime”; “the crime was committed not by the accused N., but by another person”).

In practice, this means that every piece of evidence presented to the court is subjected to careful scrutiny. If new versions arise in court that have not been previously verified and can only be verified by an investigative process, the case is returned for further investigation.

In contrast to specific versions that are put forward on the basis of studying the materials of the case under investigation, there may also be so-called typical or standard versions (“versions based on a telephone call”). This is the most general, typical explanation of an event, when there is still too little specific information about it, this information is contradictory and not entirely reliable. In addition, typical versions are put forward not only on the basis of available information, but also on the basis of the investigator’s experience, forensic recommendations, general investigative practice, simple everyday experience, etc. These versions are of very great practical importance, since, firstly, they help organize work on the case at the very first, most crucial moment of the investigation and, secondly, they make it possible to more specifically check individual circumstances of the crime.

Forensic versions are put forward not only on the initiated criminal case, but also before its initiation, in the process of checking by the investigator or the worker of inquiry of the information received by him about the crime committed. Versions that arise in the course of activities carried out by an investigator or an operative in order to verify information about a crime committed and decide whether to initiate a criminal case are a special kind of forensic versions. They can be called preliminary, or verification. When deciding whether to initiate a criminal case, the results of checking preliminary versions are of decisive importance, and after the initiation of a case, they often form the basis of investigative and other versions.

4.2. Build Order and Version Checking

The basis for building versions is the actual data relating to the event under study. These data can be obtained from any sources, both procedural and non-procedural.

When building versions, logical thinking techniques are widely used - such as analysis and synthesis, induction and deduction, analogy.

Analysis is the study of individual aspects, properties, components of an object, fact, phenomenon. Synthesis - the study of features identified through analysis in their unity and interconnection. Induction is a conjectural conclusion from the particular to the general, and deduction is the conclusion from the general to the particular. When using the method of induction to build versions, the signs of single facts are initially established and investigated, and their origin is studied. Then the facts are summarized. A hypothetical conclusion is drawn from the particular to the general, from individual judgments regarding established facts to an explanation of their origin.

Analogy is a technique of logical thinking, which consists in comparing facts on the basis of their individual features. As a result of such a comparison, the conclusion is made: if the signs are similar, then the facts are similar or are explained by one reason.

Version checking consists in finding factual data that confirms or refutes the version. The necessary data is obtained in a procedural way, i.e. as a result of the investigation. Versions are also checked by conducting an ORM, but such a check is only preliminary, indicative in nature, and its results require confirmation by the evidence collected in the case.

In the process of investigation, all possible versions are built and tested. At the same time, no version, even an unlikely one, should be left unchecked. Versions are checked, if possible, simultaneously, in parallel, although in practice this possibility does not always exist, and checking of some versions has to be postponed for some time. In such cases, the most likely version is checked first.

4.3. The concept and principles of planning an investigation. Types and forms of plans

Investigation planning is defined as a thought process that consists in determining the content and procedure for establishing all the circumstances of the crime committed and exposing the perpetrators in strict accordance with the requirements of the law and with the least expenditure of time and effort.

For investigation planning to achieve these goals, it must be based on certain principles. The principles of planning are the requirements developed in forensic science for planning, the observance of which ensures its effectiveness.

There are three main principles of planning.

1. The principle of specificity means that the plan must list all the issues that need to be clarified in order to verify a particular version, all investigative actions, search and other activities to be carried out, the timing of their implementation and the performers are precisely indicated. It makes no sense, for example, to indicate in the plan: “conduct interrogations of witnesses,” “conduct searches of suspects,” etc.; such a plan achieves practically nothing. It must indicate which specific witnesses are expected to be questioned, which suspects are to be searched, and when and who will carry out these investigative actions.

2. The principle of individuality means the inadmissibility of a template, the obligation to draw up a plan specifically for a specific case, taking into account all the features of this case. It is impossible to develop a single sample plan that would be suitable for the investigation of all criminal cases as a model.

At the same time, the use of standard investigation plans (programs) for cases of certain categories in the presence of similar investigative situations fully justifies itself. As is known, standard programs of action have been developed in the forensic methodology for the most typical situations that arise in the investigation of various types of crimes. For example, in cases of fraud, if the suspect is detained at the scene or immediately after the fraud, it is recommended to conduct: a personal search of the suspect; his interrogation; interrogation of the victim; search at the place of residence of the fraudster; inspection of items confiscated from him, as well as objects received from him by the victim, etc. These investigative actions should be planned for almost every specific fraud case, if the situation exists.

Of course, any plan built on the basis of a standard program is still filled with specific content based on the characteristics of the case under investigation.

3. The principle of dynamism (continuity) means that the investigation process is not a one-time act; the drawn up plan is not final, it is constantly supplemented and changed, and the possibility and necessity of its change and addition is implied in advance. So, as a result of checking one of the versions, another version may disappear or, on the contrary, a new version will appear that has not been put forward before; discovery during a search at the place of residence of a suspected crime weapon may make a previously planned search of another suspect unnecessary, etc. The need for constant adjustment is one of the fundamental differences between investigation plans and most other plans.

In addition to the plan for the investigation of the case, plans are drawn up for the most complex and responsible investigative actions.

Criminal investigation plans can be drawn up in various forms. The most common form is by version. At the same time, the plan reflects: investigative leads, investigative actions and other measures to verify each of the planned leads; deadlines for the execution of each investigative action or other measure; performers.

Sometimes a special column is also introduced for performance notes or other notes.

When investigating multi-episode cases, the form of the plan becomes somewhat more complicated. In such cases, the plan first indicates the general versions, and then it is built on individual episodes of the crime under investigation.

Another type of plan is for persons (suspected or accused). Structurally, such a plan is similar to the previous one, but in the first column, instead of the content of the episodes, the names of the suspects or accused are indicated.

The plan of a separate investigative action reflects:

▪ the purpose of the investigative action (or issues to be clarified);

▪ exact time;

▪ venue;

▪ the circle of persons who will assist the investigator in carrying out the investigative action, the distribution of responsibilities between them;

▪ technical means that will be used during the investigative action to record its progress and results (investigation suitcase, tape recorder, video camera);

▪ investigative tactics;

▪ tactics for fixing it, etc.

When investigating complex multi-episode crimes, in addition to plans, as additions to them, auxiliary documentation is often used: schemes of criminal connections of suspects or accused, cards (sheets) for each accused (the so-called "personal accounts"), cards for witnesses, etc.

The "personal accounts" for the accused usually indicate:

▪ wording of the charge;

▪ evidence confirming the accusation (indicating the sheets of the case);

▪ arguments of the accused in his defense;

▪ results of verification of the accused's statements;

▪ data characterizing the identity of the accused;

▪ issues to be clarified;

▪ notes on the dates of the election of a preventive measure against this person, filing of charges, etc.

These data, collected in one place and in an easily visible form, help to properly organize the investigation, resolve the issue of its completeness, and facilitate the drafting of an indictment.

Another form of supporting documentation used in the investigation of group cases is the so-called "chessboard". The names of the suspects or accused are indicated vertically, and the episodes of their criminal activity are indicated horizontally. In the cells formed by the intersection of horizontal and vertical stripes (graph), it is possible, in particular, to show whether a given person participated in one or another episode of the criminal activity of the group, what evidence of his guilt the investigator has, etc.

4.4. Forensic registration

Forensic registration is a subsection of criminology, which is a system of scientific provisions and methods for registration, concentration and use of information about objects that fall within the scope of operational investigative and criminal legal activities of law enforcement agencies for the purpose of solving, investigating and preventing crimes.

The forensic registration system consists of separate records. Each account covers a group of homogeneous objects; with the advent of a new type of registered objects, a new type of accounting arises. Thus, accounting is a subsystem of forensic registration, in which information about homogeneous (similar) objects is concentrated.

Objects subject to accounting include:

▪ people:

▪ known (wanted, arrested, detained, persons of operational interest, persons involved in vagrancy and begging, missing persons);

▪ unknown (criminals who fled the scene of a crime, mentally ill people, children whose identity has not been established, etc.);

▪ corpses (dead, deceased citizens whose identity has not been established);

▪ items:

▪ whose ownership is known (lost firearms, stolen items, stolen cars, etc.);

▪ whose ownership is unknown (identified firearms, burglary tools used at the crime scene, etc.);

▪ traces (for example, fingerprints from unsolved crime scenes);

▪ documents (for example, forged documents, counterfeit banknotes and securities, etc.);

▪ animals (stolen or free-range livestock);

▪ unsolved crimes.

Forensic registration methods:

▪ description (written recording of information, characteristics of an object subject to registration);

▪ obtaining impressions, including fingerprinting;

▪ sound and video recording;

▪ sketch, image in the form of diagrams;

▪ collecting (collecting and storing objects in kind);

▪ mixed (when several methods of fixing objects are used).

When registering objects, their characteristics (information about them) are recorded according to a certain system. Accordingly, there are forms of accounting: file cabinets, magazines, photo albums, photo libraries (video libraries), collections, databases (computer memory), etc.

The legal framework, in accordance with which the functioning of forensic records is organized, as a rule, is not provided for in legislative acts. However, this activity is regulated in great detail in by-laws, in particular in orders and instructions of the Ministry of Internal Affairs of Russia.

The legal grounds for the registration of individuals are: the decision of the prosecutor, investigator, the person conducting the inquiry, on the choice of a measure of restraint in the form of detention, as well as the decision to bring him as an accused; judgment or ruling of the court; a decision to put a person on the wanted list; suspect's arrest record. For the registration of other objects, the protocols of investigative actions serve as a legal basis.

Forensic registration system. Depending on the degree of prevalence, coverage of the service area, all accounts can be divided into three groups: centralized (federal), local (regional), centralized-local.

Centralized (federal) records are maintained only in the relevant central offices of the Ministry of Internal Affairs of Russia, the Main Information and Analytical Center of the Ministry of Internal Affairs of Russia (GIAC of the Ministry of Internal Affairs of Russia), the Forensic Center of the Ministry of Internal Affairs of Russia (ECC of the Ministry of Internal Affairs of Russia) and cover the entire Russian Federation with registration.

Local (regional) records are maintained within the autonomous republic, region, in the relevant zonal information, information centers (ZIC, ITs of the Ministry of Internal Affairs, Central Internal Affairs Directorate, Internal Affairs Directorate), forensic departments, and criminal investigation departments. Some records are kept at the lower levels - GOVD, ROVD, LOVDT.

Centralized-local accounting involves the registration of objects of the same type both in the center and in the field. Most of these accounts. Not all objects of the same name that are accounted for locally (in the ZIC, IC, ECC) are registered in the central offices (GIAC or ECC of the Ministry of Internal Affairs of Russia) so as not to clutter up their array.

Depending on the nature of the records and the services in which they are maintained, the records of the information and reference service and the records of expert units are distinguished.

Accounts of the information and reference service are maintained at the GIAC of the Ministry of Internal Affairs of Russia, the ZITs, the ITs of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate, and the accounting divisions of city district authorities. To check objects according to these records, no special forensic knowledge is required. These are accounts: operational and reference; lost, stolen and discovered firearms; stolen and seized numbered and non-numbered things, items, antiques.

Accounts of forensic units are maintained by the ECC of the Ministry of Internal Affairs of Russia, the ECC at the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate, the GOVD, the District Department of Internal Affairs. For their organization and functioning, special forensic knowledge is required. These include the following types: fingerprint recording of unknown criminals who left handprints at the sites of unsolved crimes, and persons registered by the police; bullets, cartridge cases, cartridges with traces of weapons, etc.

Topic 5. TECHNIQUES FOR INVESTIGATION OF SEPARATE TYPES AND GROUPS OF CRIMES (FORENINALISTIC TECHNIQUES)

5.1. The concept and system of methods for investigating certain types and groups of crimes

The methodology for investigating certain types and groups of crimes (forensic methodology) is the final section of the forensic science course. It is a system of scientific provisions and recommendations developed on their basis for the disclosure and investigation of crimes of specific types and groups.

The forensic technique is closely connected with other sections of the science of forensic science - general theory, forensic technology, forensic tactics, as well as with forensic issues of organizing the detection and investigation of crimes. The recommendations contained in the forensic methodology provide the most effective use of tools, techniques and methods developed in other sections of forensic science in the investigation of specific types and groups of crimes.

There are two interrelated sections in the forensic methodology:

1. General Provisions:

2) methods for investigating specific types and groups of crimes (private methods). It is generally accepted that certain types include crimes that differ in composition, i.e. on a criminal law basis (for example, murders, rapes, thefts, hooliganism, etc.), and for individual groups - differing in other ways (for example, crimes committed by minors, group, unsolved crimes of past years, etc.). ).

The structural elements (subsections) of the general provisions of the methodology for investigating certain types and groups of crimes include the following questions:

1) the concept and subject of forensic methodology; correlation of the technique with other parts of forensic science; the role and importance of methodology in the system of criminalistics;

2) the concept and content of the circumstances to be established;

3) the concept, essence and meaning of the forensic characteristics of crimes;

4) the concept and essence of the investigative situation;

5) the concept of investigation stages; tasks and general characteristics of each stage.

Accordingly, the typical structures of methods for investigating specific types and groups of crimes (private methods) should look like this:

▪ forensic characteristics of a specific type or group of crimes. Circumstances to be established during the investigation of crimes of this type (group);

▪ features of initiating a criminal case. Typical situations of the initial stage of the investigation and actions of the investigator;

▪ features of the tactics of initial investigative actions;

▪ subsequent investigative actions.

This structure (as well as the above structure of the general provisions of the forensic methodology) is typical; it may contain certain clarifications. However, in general, it is most consistent with the current state of this section of forensic science and creates the necessary basis for its further development.

5.2. The concept and essence of the forensic characteristics of crimes

The forensic characteristics of crimes can be defined as a system of features inherent in a particular type of crime, which are of the greatest importance for the investigation and determine the use of forensic methods, techniques and means.

Among the most significant forensic features of crimes of certain types (elements or components of their forensic characteristics) are:

▪ the direct subject of the criminal offense;

▪ method of committing and concealing a crime;

▪ the circumstances under which the crime was prepared and committed (time, place, conditions for protecting the object, etc.);

▪ features of traces left by criminals (the mechanism of trace formation in the broad sense);

▪ the identity of the offender and the victim.

Forensic characterization can be considered at two levels:

1) as a general concept (the highest level of abstraction in relation to this scientific category);

2) as forensic characteristics of specific types and groups of crimes.

Of course, we can also talk about the third level of classification - about the forensic characteristics of individual crimes, but in this case we will only talk about the circumstances of one crime, which may turn out to be completely atypical. For the science of criminology, such cases, as a rule, are not of particular interest, since its methods and recommendations are designed specifically for circumstances that are typical for certain types and groups of crimes. Thus, the forensic characteristic is a category associated mainly with specific types of crimes.

Knowledge of the typical forensic characteristics of types and groups of crimes makes it possible to put forward the most reasonable typical versions of a specific crime of a given type or group.

5.3. The concept of an investigative situation. The value of typical investigative situations in the detection and investigation of crimes

The investigative situation is the amount of information (evidence, as well as information obtained in a non-procedural way) that is significant for the investigation, available to the investigator at a certain point in the investigation.

The contents of the investigative situation are:

▪ evidence collected in the case;

▪ other information relevant to the investigation;

▪ information about the sources of obtaining such information.

These facts in their totality represent a complete and objective picture of the event under investigation at any particular moment and allow the investigator to give them a proper assessment and make decisions on their further actions arising from this assessment.

According to some criminologists, an investigative situation is a set of conditions in which an investigation is currently being carried out, i.e. the environment in which the process of proof takes place. Thus, the content of the investigative situation includes everything that, to one degree or another, influences the course and results of the investigation: psychological factors (manifestation of the psychological properties of the investigator, persons involved in the case, etc.), informational (the investigator’s awareness of the circumstances crimes, the possibilities of their detection and expert research, places of concealment of what is being sought, etc.), procedural and tactical (the state of the proceedings in the case, the possibility of choosing a preventive measure, isolating persons involved in the case from each other, conducting a specific investigative action, etc.) , material, organizational and technical (the presence of communication between the duty unit and the operational-investigative group, the ability to maneuver available forces, means, etc.). [9]

Investigative situations can be classified on a variety of grounds. The most successful classification is:

1) typical and specific situations;

2) situations that develop during the investigation of the case as a whole and during the conduct of a separate investigative action;

3) conflict and non-conflict situations.

Typical situations are situations that are typical, in terms of the volume and content of available information, for crimes of a certain type or group at a specific stage of their investigation. Thus, the initial stage of the investigation of thefts and a number of other crimes is characterized by three typical situations:

1) the criminal is caught red-handed at the scene of the crime;

2) the criminal has not been detained, but there is certain information about him that allows him to be searched;

3) the criminal has not been detained and there is no information about him (for example, in case of pickpocketing). At the initial stage of the investigation, rape is characterized by two typical situations:

1) the victim knows the rapist or can provide information about him that allows him to be searched for;

2) the victim cannot give any information about the rapist (say, if the attack happened suddenly for the victim and she could not see the offender), etc.

Specific situations develop during the investigation of a particular criminal case. They can either coincide with typical ones or not coincide with them, be atypical. Of course, in the presence of an atypical situation, the recommendations developed in forensic science for certain typical cases (sometimes called "investigator's algorithms") cannot be used.

The situations that develop during the investigation of the case as a whole are always conflicting to one degree or another.

Situations that arise during a separate investigative action can be either conflict or non-conflict.

5.4. Forensic characterization of murders

The methods of committing murders are very diverse. It is possible, in particular, to single out murders committed with the use of: firearms; cold steel; various household and other items (axe, kitchen knife, stone); by poisoning, suffocation, drowning. Murders are also committed by explosion (in particular, by sending an explosive device by mail to the victim) and in many other ways.

Until recently, domestic crimes dominated the total number of murders. Now in some regions, murders committed for mercenary purposes and in the course of "showdowns" between members of criminal gangs take the first place in terms of number. Sometimes murders are committed out of hooligan motives, during rapes; there are also murders of newborns.

Of particular danger are the so-called "contract" murders, carefully prepared and committed by professional criminals; it is usually possible to solve such crimes with great difficulty and not always. In order to cover up murders, criminals often destroy or try to destroy corpses, dismember them, and disfigure the face of a corpse. Suicides, accidents, natural deaths are often staged.

A significant part of the murders are committed in the evening; often they occur during the joint drinking of alcoholic beverages by the would-be killer and his victim.

During murders, numerous material traces always remain: a corpse, traces of its dismemberment or destruction, murder weapons. In addition, as practice shows, even with murders committed in conditions of non-obviousness, when the killer takes special care to conceal his actions, ideal traces of the crime usually remain. Witnesses can inform the investigator about the relationship of the victim with the alleged killer, about the actions of the latter in preparing the crime, hiding the corpse, etc.

5.5. Typical situations and the program of actions of the investigator at the initial stage of the investigation of murders

The situations that develop at the initial stage of the investigation of murders are very diverse. The most typical of them are the following.

1. The murder was committed under the conditions of obviousness (most often on the basis of family and domestic relationships or out of hooligan motives), when the victim and the suspect are known from the very beginning.

This situation is characterized by the fact that the conflict between the killer and his future victim usually brews for a long time and their hostile relationship is not a secret for relatives, friends, colleagues. Sometimes, on the contrary, the conflict arises suddenly (for example, the murder is committed as a result of drinking alcohol and then a quarrel broke out during a wedding or other celebration). At the same time, the investigator always has a large amount of information about the event at his disposal.

The most typical for such a situation are the following range and sequence of initial investigative actions: detention, personal search and examination of the suspect; inspection of the scene; interrogation of a suspect; interrogation of eyewitnesses; appointment of a forensic medical examination of a corpse and other examinations.

2. The murder was committed during a robbery (on shops, branches of a savings bank, commercial enterprises, on taxi drivers, during robberies of apartments), or on sexual grounds (attacks for the purpose of rape, which are committed in deserted places), or from hooligan motives (most often these are murders in a group fight), when the victim or victim is known, but the suspect is unknown. A similar situation arises with murders committed in the course of criminal "showdowns", as well as with most "contract" murders.

In this situation, at the initial stage of the investigation, the following investigative actions are usually carried out: inspection of the scene; interrogations of witnesses (witnesses, persons who were the first to discover the corpse, etc.); appointment of forensic and forensic examinations. Along with this, ORMs aimed at identifying suspects are being actively pursued.

At the start of the investigation, the motive for the murder is unclear. There are two typical options here. The first - with the unknown disappearance of a person. In such cases, the following is usually carried out: interrogations of witnesses - relatives and friends of the disappeared, his colleagues, as well as all other persons who may have any information about the event; inspection and search of the site of the alleged murder; inspections and searches in places of possible concealment of the corpse; appointment of forensic and other examinations. ORM is also being carried out to identify persons involved in the event, possibly interested in the death of the disappeared. The second variant of this situation arises when an unidentified corpse or parts of a dismembered corpse are found. At the same time, the main task of the investigator and employees of the criminal investigation department is first to establish the identity of the deceased, in order to later, by studying his connections and the circumstances of the disappearance, identify the suspect. Such cases are characterized by: the most thorough examination of the scene and the corpse (the corpse is described according to the full scale of signs of a verbal portrait, including the type and condition of the teeth, warts, moles, birthmarks, etc.; the clothes of the corpse are described in the same detail, all objects with him, packaging of parts of a dismembered corpse); interrogations of persons who discovered the corpse or its parts; the appointment of forensic and other examinations (a wide variety of examinations are appointed in order to clarify all the possible circumstances of the death of a person, the nature of various contaminants on the corpse, the origin of objects found nearby, traces, etc.); presentation of a corpse or its parts for identification. At the same time ORM are carried out.

Of course, in each of these typical situations of the initial stage of the investigation of murders, the list of investigative actions and their sequence can be adjusted depending on the specific circumstances of the crime under investigation.

5.6. Peculiarities of inspection of the crime scene in murder cases

A forensic medical expert must be involved in the examination of the scene of an incident in murder cases related to the discovery of a corpse, and in his absence, another doctor. Inspection in such cases is carried out in an eccentric way, i.e. from a corpse. Before proceeding with the examination of the corpse, it is necessary to make sure that the victim is really dead; if there is even the slightest doubt about this, it is necessary to try to bring him back to life by providing urgent medical care.

During the inspection of the corpse, in addition to its general characteristics, all injuries on the corpse (their nature, location), post-mortem phenomena (temperature, rigor mortis, cadaveric spots, putrefactive changes), all kinds of pollution are revealed. Be sure to unclench and inspect the palms, take scrapings from under the nails, dirt samples from the shoes. The clothes of the corpse are carefully examined; at the same time, pockets, cuffs, folds of clothing are examined in order to detect various small objects. Particular attention is drawn to the correspondence of damage and contamination on the corpse itself and its clothing.

During the inspection, the necessary measures are taken to preserve the microparticles; for this purpose, the clothes of the corpse, without shaking, are placed in plastic bags (not used) and thus delivered to the expert institution.

When a suspected murder weapon is found at the scene of the incident, the correspondence of the weapon to the injuries on the corpse, the presence of blood on the weapon, fingerprints, etc. is detected and recorded. In addition to the corpse, the room or area where it was found, and all objects located in this room (on the site) are carefully examined. The purpose of the inspection is to find the traces left by the offender, the instrument of the crime, the traces of the struggle and, ultimately, to establish the fact and circumstances of the crime.

In particular, the following is identified and recorded: whether windows and doors were locked; inside or outside; are there any traces of forced entry into the premises (breaking locks, broken glass); the presence or absence of values; signs of the criminal's awareness of the places of their storage, etc.

5.7. Expertise on murder cases

In accordance with the law on murder cases, a forensic medical examination of the corpse is mandatory. It is advisable to entrust its conduct to a forensic physician who participated as a specialist in the examination of the corpse.

The following questions are most often asked by an expert:

1) what is the immediate cause of death;

2) when death occurred;

3) what injuries are present on the corpse, their nature, location and origin;

4) which of the injuries were inflicted to the victim during his lifetime, which - after death;

5) what is the sequence of damage;

6) in what position was the victim at the time of infliction of damage to him;

7) whether there are signs on the corpse indicating a struggle or self-defense;

8) whether the death of the victim occurred immediately after the injury was caused to him, if not, after what time;

9) whether the victim took food or alcohol shortly before death, for how long, what kind of food, how much alcohol;

10) whether the deceased was taking drugs;

11) what is his blood group.

If the deceased is a woman, the question is also raised as to whether she was in a state of pregnancy.

When appointing a forensic medical examination of physical evidence, the following questions are usually posed: are there traces of human blood (saliva, semen) on certain objects, what are the group, type and other features of the blood; what is the prescription of the formation of traces; whether the hair found on a particular object belongs to a person; they are torn out or fell out; whether they belong to a man or a woman; whether they are similar to the hair of a certain person, etc.

Recently, it has become possible to identify a specific person based on genetic information contained in biological particles (for example, a piece of skin) and fluids (blood, saliva, sweat). When providing the expert with a sufficient amount of fresh, well-preserved biological material, as well as samples for a comparative study, it is possible to conduct a genoidentification examination. Such examinations are carried out in genetic research laboratories equipped with special equipment and materials.

At the initial stage of the investigation of murders, in addition to the forensic medical examination of the corpse and material evidence, other examinations are also assigned, most often forensic (trasological, forensic ballistic, edged weapons). Typically, such examinations are ordered when the suspect is unknown and it is extremely important to obtain any information about his personality, as well as about the instruments of the crime. In particular, by examining the traces of shoes found at the scene and not belonging to the victim, the issue of height and some other physical data of the person who left them is resolved.

Among the examinations that are most typical for the subsequent stage of the investigation of murders, first of all, are forensic: traceological - in order to identify the criminal by the traces of hands, feet, shoes, teeth, to establish the whole in its parts (for example, a knife seized from a suspect, according to a piece of a knife left in the body of the victim), a vehicle on the tracks of tires, etc.; handwriting - most often to identify the suspect from letters threatening the victim or other handwritten texts; forensic ballistic - to identify the weapon from which the shot was fired, to establish the place where the shooter was, etc., as well as the examination of edged weapons.

From non-forensic examinations, forensic examinations of substances, materials and products (studies of micro-objects) are often carried out. Usually, with their help, it is established that the suspect and the victim touched each other (for example, when microparticles of the skin of the alleged killer who died under the nails were found) or that one of them was in a certain place (if microparticles of the suspect’s or victim’s clothing can be found on pieces of furniture or on car seats). Sometimes the results of such an examination are of decisive importance in the case, as they make it possible to refute the killer's alibi.

For the study of traces of soil origin on the corpse, clothes and shoes of the murdered or suspected in order to establish that these persons could be in a particular place, a forensic soil examination is appointed; in case of murders by poisoning - examination of substances, materials and products, etc.

In addition, at the next stage of the investigation into murder cases, a forensic psychiatric examination of the accused is almost always ordered. For its resolution, questions are raised: did the accused suffer from a mental illness at the time of the crime; whether he is currently suffering from a mental illness; whether the accused was in a state of temporary mental disorder during the commission of the crime, which did not allow him to be accountable for his actions and manage them; whether he is sane in relation to the act incriminated to him.

5.8. Forensic characterization of rape

The direct subject of a criminal assault during rape is the sexual integrity of a particular woman. In this case, the victim suffers physical, moral, and often also material harm.

Physical violence against the victim can be carried out: in the form of beating, strangling, tying her, sometimes the rapist carries out his plan after a long struggle, when the victim is exhausted and can no longer resist him. Often there is no struggle at all during rape - if the perpetrator or criminals paralyze the resistance of the victim, threatening to kill or cause harm to health. Practice also knows many cases when, for the purpose of rape, the victim is first brought to a helpless state by alcohol or drug intoxication.

During rape, there are usually many material traces - on the body of the victim, her clothes, at the scene of the crime, as well as on the body and clothes of the rapist. In addition, ideal traces almost always remain - the victim names the criminal or can describe his appearance in sufficient detail.

The most difficult in this regard are cases when violence is committed in a deserted place, at night, if the perpetrator attacks the victim suddenly, bringing her into an unconscious state, for example, throwing a noose around her neck from behind. Disclosure and investigation of such crimes is often associated with great difficulties.

Most often, rapists are people with whom the victim was more or less familiar. Attacks on women by complete strangers are much less common.

As a rule, rapists are persons with pronounced hooligan inclinations, showing cynicism and disrespect for society in their behavior. Victims are most often girls or women whose behavior shows elements of frivolity, licentiousness, which give the impression of being easily accessible sexually (willingly agree to casual acquaintances, go to the house of unknown people, drink alcohol, etc.). Another category of victims is, on the contrary, still inexperienced young girls who, due to their naivety, sometimes turn out to be victims of rapists.

5.9. Typical situations and the program of actions of the investigator at the initial stage of the investigation of rape

In cases of rape, there are two typical situations that arise at the initial stage of the investigation:

1) when the applicant names a person known to her as the rapist or when it is not difficult to identify the suspect;

2) when the crime is committed by an unknown victim, whose search is difficult.

The first situation is characterized by the following range and sequence of initial investigative actions: interrogation of the victim; her examination, examination and seizure of her clothes; inspection of the scene; appointment of a forensic medical examination of the victim; detention, personal search, examination of the suspect, examination of his clothes; interrogation of witnesses.

Often, at the initial stage of the investigation, a search is also carried out at the place of residence of the suspect.

The second situation is characterized by the same actions in relation to the victim (interrogation, examination, inspection and seizure of clothes), inspection of the scene, appointment of a forensic medical examination of the victim, as well as a forensic medical examination of material evidence (if traces of blood or any other secretions of the body of the rapist) and forensic examinations (most often traceological). The purpose of all these investigative actions is to obtain as much data as possible to search for the criminal and to expose him, after the rapist has been identified.

In addition to investigative actions, in the second situation active investigative measures are carried out: the use of a detection dog; study of persons previously convicted of rape or prone to committing it; search involving the victim; setting up ambushes in places where rape is most likely to occur; search with the help of female employees of the Department of Internal Affairs; asking for help from the population, etc.

5.10. Examinations in cases of rape

When appointing a forensic medical examination of the victim, the following questions are posed to the expert:

1) whether the hymen of the victim is broken and what is the duration of the violation;

2) whether there could be a violation of the hymen without sexual intercourse;

3) whether the victim had had sexual intercourse in the recent past; if yes, when exactly;

4) whether there is sperm in the vagina or on the body of the victim; if yes - what is the group of sperm;

5) what bodily injuries the victim has, what are their nature, prescription, location, severity; whether these injuries are characteristic of forced sexual intercourse;

6) whether the victim is infected with a venereal disease; if yes - what is the duration of infection;

7) whether the victim has signs of pregnancy, if so, how long ago the pregnancy was.

If traces can be found on the clothes of the victim and on other objects that may represent the secretions of the body of the rapist, a forensic medical examination of material evidence is assigned. It addresses, in particular, the following questions:

1) whether there are traces of blood (saliva, semen) on the items presented to the expert; if yes, to which group they belong;

2) what is the regional origin of the studied blood (what area of ​​the body does it belong to);

3) whether the hair belongs to a person or an animal; if a person - what part of the body they belong to;

4) the person of what gender does the hair belong to;

5) they fell out or were torn out, etc.

When appointing a trace examination, questions are raised about whether traces were left at the scene of the incident:

1) shoes of the suspect or victim;

2) teeth on the body of one of the participants in the event - with the teeth of another participant;

3) fingers on the surfaces of various objects (room furnishings, handbags) - fingers of a particular person.

With the help of a forensic soil examination, it is established, in particular, whether the particles of soil (dirt) on the shoes of one or both participants in the event do not belong to a specific area.

The following questions are most often raised to resolve the forensic examination of substances, materials and products:

1) whether there are fiber layers on the clothes of the suspect from the clothes of the victim and vice versa;

2) whether there was any contact between the clothes of the suspect and the clothes of the victim.

Positive answers to these questions often disprove the suspect's assertion that he "did not touch" the victim and are of significant evidentiary value.

In some cases, if the victim was brought into a semi-conscious state with the help of alcoholic beverages of unknown origin (for example, wine, in which the criminals mixed sleeping pills) or drugs, a forensic examination of substances, materials and products is also assigned. If necessary, forensic psychiatric and forensic psychological examinations are also carried out. A forensic psychological examination is usually ordered if the victim is a minor or minor, or if there is a certain illogicality in her behavior at the time of the rape. The expert opinion is intended to explain the circumstances of the event from the standpoint of psychology and allows the investigator and the court to correctly assess the situation.

5.11. Forensic characteristics of robberies and assaults

Most robberies and assaults are committed with the aim of taking possession of the personal property of citizens (tearing off hats, taking possession of relatively small amounts of money, clothing, food, etc.). Usually such crimes are committed without special training. Criminals act in small groups or alone, most often in open areas (in the streets, in parks, in courtyards of houses), in the evening, although there are cases when robberies and robberies are committed during the day.

Robbery and robbery attacks aimed at taking state property or the property of commercial structures (on cash vaults, currency exchange offices, cashiers, collectors), as well as on taxi drivers, personal vehicles and citizens' homes are much less common, but they represent the greatest public danger. Such crimes are usually committed by organized groups; as a rule, they are preceded by scrupulous advance preparation. Criminals study in detail the security system of the object, carefully prepare the instruments of crime, means of disguise, and look for accomplices.

Among the methods of robbery and robbery, the following can be distinguished:

▪ attacks in open areas or indoors, carried out using the factor of surprise, without the use of violence (bags, hats, money from citizens, things from store shelves, etc.);

▪ attacks in open areas, as well as in courtyards and entrances of houses with the use or threat of violence;

▪ attacks on citizens in residential premises with entry into these premises under any pretext or with the use of violence;

▪ attacks on cashiers, sellers, employees of state and commercial banks, committed on the premises of trade enterprises, financial institutions, post offices and other public or private institutions or enterprises;

▪ attacks on citizens in rolling stock of railway, water and other transport;

▪ attacks on taxi drivers in order to seize their revenue or car, etc.

The mechanism of trace formation during robberies and robberies has a number of features. There are usually few traces of the crime and other physical evidence at the scene of the incident. Eyewitnesses, as a rule, cannot observe the whole picture of a robbery or robbery; in their testimonies they tell only about individual elements of the event. Often there are no eyewitnesses in such cases at all. As for the victims, some of them, due to the nervous shock caused by the crime, perceive the picture of the event in a distorted form.

It sometimes seems to the victim that there were more criminals than in reality, that they were people of "huge growth", "with brutal faces", etc. Therefore, the investigator must be critical of the information received from eyewitnesses and victims, and carefully double-check it, comparing it with other evidence.

Persons committing robberies and assaults often do not work, lead an immoral lifestyle, systematically drink, use drugs. A significant percentage of them are previously convicted (both for similar and other crimes).

5.12. Typical situations and the program of actions of the investigator at the initial stage of the investigation of robberies and assaults

At the initial stage of the investigation of robberies and robberies, the following typical investigative situations most often develop:

1) a person suspected of committing a robbery or robbery is detained at the scene of the crime or immediately after it has been committed;

2) the person suspected of committing a crime has not been detained, but the investigator has at his disposal information that allows organizing his search and detention;

3) there is no or almost no information about the person who committed the crime at the disposal of law enforcement agencies.

In the first of these situations, the following program of actions by the investigator is most appropriate: detention of the suspect, his personal search, if necessary, an examination; interrogation of the victim, if necessary - inspection of his clothes and examination; inspection of the scene; interrogation of a suspect; search at the place of residence of the suspect; interrogation of eyewitnesses; appointment of forensic, forensic and other examinations.

In the second investigative situation, the following sequence of initial investigative actions is appropriate: interrogation of the victim, his examination and examination of clothing; inspection of the scene; interrogation of witnesses; appointment of forensic examinations; ORM.

The third situation, in addition to the investigative actions mentioned above, is also characterized by ORM aimed at identifying suspects and searching for the stolen.

Depending on the time that has passed since the commission of the crime, a hot pursuit is organized. To this end, the relevant territorial and transport police agencies should be oriented. In difficult cases, the patrol service is strengthened, as well as control over vehicles, if there is reason to believe that the criminals can escape in a car. A complex of operational measures is being carried out in places where stolen property can be sold and criminals may appear.

5.13. Forensic characteristics of thefts

Theft, i.e. secret theft of other people's property are among the most common crimes. Most often, thefts are committed from apartments, cottages, garages and other premises belonging to citizens, theft of personal belongings at stations and trains, pickpocketing in markets, shops, public transport, and also on the streets. In this case, the direct objects of criminal encroachments are: money, audio and video equipment, jewelry, clothes, cars, motorcycles, bicycles, less often (in case of theft from summer cottages) household utensils and food. In recent years, crop theft from fields and orchards has become common. Often there are also thefts from shops, from warehouses and other places of storage or sale of material values.

There are many different types of thefts. They can be classified as follows.

1. Theft from premises. They can be committed both by breaking (criminals break locks, wring out or knock out doors, put out windows), and without breaking (for example, by selecting a key).

2. Theft of property of citizens, not related to penetration into the premises. These include: pickpocketing, theft from bags (including by cutting bags and pockets), robbing drunkards, stealing suitcases, bags and other things.

3. Thefts committed by breach of trust. Among them, there are thefts with penetration into the premises, when the victim lets the thief into his apartment or other premises where any property is located, and without penetration into the premises (a typical example is the so-called "theft-subsidies", when a passenger at the station trusts his property to an unfamiliar person and is absent for a short time).

4. Theft of vehicles.

5. Theft from cars.

Of course, only the most typical methods of theft are listed here. Criminals can also use other, including "non-standard" methods. Home burglaries are most often committed during the day when the owners are not at home; thefts not related to penetration into the premises - both in the morning and evening, and during the daytime. Pickpockets operate in crowded places (public transport, shops).

The traces left by criminals when committing thefts are very diverse and largely depend on the types of thefts and the methods of their commission. Thus, during thefts from premises and cars, mainly material traces of the crime remain (burglary tools, hands, shoes, etc.). In the case of thefts committed by abuse of trust, on the contrary, ideal traces predominate (victims, and sometimes witnesses, give a fairly complete description of the criminal’s appearance and confidently identify him). There are almost no traces left when committing thefts of personal property that are not related to entry into the premises (pickpocketing). Sometimes it is possible to reveal them only with the help of operational investigative means and methods.

A significant part of thefts are committed by teenagers, as well as persons who abuse alcohol and drugs in order to obtain the necessary funds for this. Trust burglars, and pickpockets in particular, usually use elaborate techniques that often allow them to commit dozens of crimes. Characteristically, after returning from places of deprivation of liberty, they again commit thefts in the same ways.

Among the thieves, persons with a low general education level predominate. Many of them had previous convictions, not only for theft, but also for other crimes.

5.14. Typical situations and the program of actions of the investigator at the initial stage of the investigation of thefts

For the initial stage of the investigation of thefts, three typical investigative situations are most characteristic:

1) a person suspected of committing a crime has been detained;

2) the person suspected of committing a crime has not been detained, but there is certain information about his identity;

3) there is no or almost no information about the person who committed the crime at the disposal of law enforcement agencies.

Each of these situations is characterized by a specific program of actions of the investigator or the person conducting the inquiry.

In the first investigative situation, the task in the most general terms is to collect evidence of a person's involvement in a committed crime (establishing the specific circumstances of the event, finding the whereabouts of the abducted person, etc.). The most appropriate in such cases is the following program of actions of the investigator: detention, personal search, if necessary - examination of the suspect; inspection of the scene; interrogations of victims (or financially responsible persons) and witnesses; interrogation of a suspect; search of the suspect's place of residence.

The main direction of the investigation in the second investigative situation is the study of the material situation of the crime committed, the collection and consolidation of evidence about suspected persons, stolen property or valuables, and other circumstances of the crime.

In this situation, the following sequence of initial investigative actions is appropriate: interrogations of victims or financially responsible persons; inspection of the scene; interrogation of witnesses; appointment of forensic examinations. Appropriate ORMs are also carried out.

The actions of the investigator in the third investigative situation are characterized by a predominantly research and search orientation. At the same time, the main task is to obtain data on the committed crime using non-procedural means. This situation, in addition to the investigative actions listed above, is characterized by ORM aimed at identifying the person who committed the crime and searching for the kidnapped; for this, a check is carried out according to the method of committing the crime, according to the traces found at the scene, signs of stolen property using forensic records, etc.

Depending on the situations that develop during the investigation, the above standard programs of initial investigative actions undergo partial changes, depending on the tasks facing the investigator, as well as the information received in each specific case.

5.15. Features of the inspection of the scene in cases of theft from the premises

During the inspection of the scene in cases of theft from the premises, one should strive to find out the following circumstances: what is the object from which the theft was committed, what is the environment and approaches to it; from which side the offender entered the place of theft and in which direction he disappeared (the ways of approach and departure of the offender are being studied); how the offender got to the location of material values ​​(in what way, what technical means did he use); what actions and in what sequence were performed by the criminal; how many persons were involved in the theft; what traces of criminal acts remained at the scene of the theft and what traces from the scene could remain on the offender (his body, clothes, tools, stolen objects); whether there are characteristic signs in the traces and on other material objects by which it is possible to determine the age, professional skills, appearance of the criminal, the level of his mastery of thieving techniques; whether there are signs indicating a staged theft, etc.

To find out these circumstances, it is often necessary to examine not only the premises from which the theft was committed, but also the rooms adjacent to it, through which the criminal entered or left. It is advisable to inspect areas adjacent to the scene of the incident (for example, the territory of a store, warehouse, institution), since criminals can drop any items there, leave or hide stolen goods. It is also important to study the places from which the criminals monitored the place of the alleged theft - "thieves' intelligence". In such places, exposed or broken window panes that interfere with observation, with traces of hands or forehead prints, can be found; it is often possible to find traces of shoes, cigarette butts, etc. there.

Depending on the situation at the scene of the incident, the investigator chooses the most rational method of inspection. If the penetration into the premises was carried out by breaking the barrier, the inspection should begin with an examination of the site of the break-in and the adjacent areas of the premises directly to it, gradually moving towards the center of the scene, i.e. use a concentric method of inspection. In the event that the forensic center of the scene is located deep in the room (for example, a broken safe or a wardrobe from which clothes were stolen), it is advisable to carry out the inspection in a combined way: first, inspect the safe or wardrobe, then the front door (even if there are no traces of burglary; penetration into the room with the help of a selected or fake key or master key is not excluded) and continue the inspection, moving along the perimeter of the walls and gradually approaching the center of the room.

It is advisable to look for traces in places where the object has been penetrated (for example, a door squeezed out with a jack, a broken window), as well as on the surfaces of opened or damaged storage places of the stolen. On doors, windows and surfaces adjacent to them, traces of hands, shoes, fibers of clothing, traces of hacking tools can be found, on the floor - cigarette butts, drops of blood (if the offender was injured), soil particles, sometimes spots of saliva and other secretions of the human body. In addition to traditional traces, odor traces can be removed from objects that the offender allegedly touched.

When hacking tools are found at the scene of an incident, their careful examination often makes it possible to detect traces of the criminal’s hands, and sometimes the initials or surname of the owner, to roughly establish his profession, hobbies (for example, wire cutters used to turn off the alarm, if they have handles protected by plastic or rubber, may belong to an electrician, TV repairman, etc.).

When examining the scenes of incidents in stores, warehouses, and catering establishments, it is necessary to pay attention to the signs characteristic of a staged theft. These include: the presence of traces indicating that the locks were broken in a different place and with the mechanism unlocked; the barrier was broken from inside the premises and the thieves are familiar with the features of the premises and the places where valuables are stored; unnecessary, logically difficult to explain numerous damage to the barrier and things in the room; the disorder inside the premises, inadequate to the circumstances of the theft, the absence of only especially valuable items stored in secluded places, the discrepancy between the size of the stolen items and the size of the breach, etc.

5.16. Forensic characteristics of fraud

The direct subject of a criminal attack during fraud is usually money, securities, articles made of precious stones and metals, as well as apartments, cars, radio and video equipment, and clothing.

The most important element of forensic characteristics is the method of committing a crime. It is impossible to list all the ways of fraud; Let's just name the most common ones. Traditional methods include: imaginary mediation in the provision of services or the conclusion of transactions; impersonation by a criminal of himself for another person (for example, a representative of law enforcement agencies); delivery of cash or clothing "dolls"; cheating when exchanging money or buying things; cheating and dishonest gambling; sale of counterfeit money or jewelry ("pharmasonism"); imaginary fortune-telling and sorcery, etc. In recent years, methods of fraud associated with the fictitious conclusion of contracts, as well as illegal receipt of funds from financial institutions using forged documents, have become widespread; the creation of pseudo-firms to attract funds from the population with subsequent appropriation; illegal receipt of insurance by staging theft or destruction of the insured property; fictitious housing deals, etc.

Fraud is most often committed in public places: on the streets, train stations, airports, shops, banks, markets (large crowds of people contribute to the choice of the victim and the quick disappearance of the offender), less often - at the place of residence of the victim or in specially adapted premises (usually gambling dens, "offices" of false enterprises). Crimes usually occur during the day and evening.

In most cases, fraud is carried out with preliminary preparation. It consists in studying the situation and the scene of the alleged crime, thinking over the course of action, making tools and means by which deception will be carried out (for example, forged documents, cash or clothing "dolls"). Sometimes criminals study the way of life of the victims, in order to gain confidence in whom they establish friendly relations, demonstrate competence in any matter, make false calls to the "right" people, seduce the victims with the ease of obtaining material benefits.

It should be noted that a number of methods of fraud (unauthorized search - "acceleration", modern cheating and other gambling) require the mandatory creation of groups of criminals, the roles in which are strictly distributed.

Speaking about the mechanism of trace formation in fraud, it should be noted that the memory of the victims, witnesses, representatives of institutions almost always retains the external image of the fraudster and the way he acts. In addition, fraudsters often leave various things and objects to the victims, for example, money or clothing "dolls", receipts, fake documents, fictitious securities, constituent, registration documents, contracts, invoices, protocols of intent, etc. Fingerprints, various features can be found on them, by which it is possible to establish the belonging of a thing, the place of its manufacture, the owner and other circumstances. It is also possible to search for criminals by handwriting.

It should be noted that in many cases fraud is facilitated by the wrong behavior of the victims associated with the violation of moral standards, the desire to circumvent existing rules.

5.17. Typical situations and the program of actions of the investigator at the initial stage of the investigation of fraud

The following typical investigative situations are typical for the initial stage of a fraud investigation:

1) the perpetrator is apprehended at the scene or immediately after committing the fraud, or his identity and whereabouts are known. Such situations are characterized by the following actions: detention and personal search; interrogation of the detainee; search at the place of residence and work of the fraudster; interrogation of the victim or the person in whose jurisdiction the property was; interrogation of witnesses; inspection of the scene; inspection of items confiscated from the fraudster, as well as items received from him by the victim; seizure and examination of documents with traces of a crime; assignment to the bodies of inquiry for the production of ORM;

2) the offender has not been apprehended, but the investigation has certain information about him. This situation is characterized by: interrogation of the victim or the person in charge of the property; seizure and inspection of items and documents received from the fraudster; inspection of the scene; interrogation of witnesses; presentation for identification of suspected persons by photographic images; assignment to the bodies of inquiry for the production of ORM;

3) the fraudster is known, but his actions are veiled under the guise of legitimate transactions. In such cases, the nature and legal basis of the operations carried out by the suspect are examined. Seizure and examination of documents accompanying the fraudulent transaction, identification and interrogation of officials who ensured its commission (for example, notaries, accountants, employees of banks and other institutions) are carried out; searches at the places of residence and work of suspects; conducting audits. It is also necessary to carry out a search for traces of criminal activity, the location of stolen property, and the identification of persons involved in the crime.

5.18. Fraud investigations

Fraud cases may involve a wide variety of forensic examinations. Among the forensic examinations, the following are most often carried out:

▪ forensic handwriting and technical-forensic examination of documents - if the fraud involved documents, securities and other papers, records, receipts, which can be used to identify a person by handwriting or text, as well as to identify facts of changes in the content of the document or text, methods of their execution and etc.;

▪ fingerprinting - for the purpose of identifying handprints on money, wrapping, packaging, objects (documents) received by the victim from the fraudster (and vice versa), as well as on securities, payment documents, other objects and subsequent identification of the persons who left them;

▪ traceological - to identify tools that were used in the manufacture of money or clothing “dolls”, counterfeit jewelry, as well as to establish the whole in parts (for example, a money or clothing “doll” with the remains of the material from which it was made).

In addition to forensic, other examinations are often carried out, which are assigned to study fake jewelry (gemmological), micro-objects (materials science or physico-chemical), medicines (medical-pharmaceutical), etc. Such examinations resolve the issue of the nature, chemical composition and properties of the materials from which certain substances are made.

Forensic examination of substances, materials and products may also be subjected to paper on which a particular text is executed, dyes used in writing this text, etc.

When investigating fraud, various technical expertise is sometimes carried out. Most often, they are appointed to solve the problem of how to make various hallmarks, counterfeit gold coins, marked cards, etc.

Forensic accounting expertise is appointed in case of theft of property of state, public, commercial and other enterprises and organizations. In cases of fraud associated with the theft of funds from financial institutions by making changes to computer programs, a comprehensive forensic accounting and software examination is appointed.

Commodity expertise may be appointed in cases of sale of substandard, counterfeit goods, handicrafts under the guise of imports using foreign labels, emblems, brand names to determine the fact of falsification and their actual value.

5.19. Forensic characteristics of extortion

Extortion - a crime against property, expressed in the requirement to transfer someone else's property or the right to property or to commit other actions of a property nature under the threat of violence or the destruction or damage of someone else's property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information, which may cause significant harm to the rights or legitimate interests of the victim or his relatives (Article 163 of the Criminal Code).

In most cases, the direct subject of extortion is money. Sometimes valuable property (apartments, dachas, garages, vehicles, land plots, jewelry, etc.) or the right to it is extorted. Cases of extortion of state property are extremely rare.

Theft committed by extortion is most often committed by single criminals or small groups. Various far-fetched pretexts can serve as reasons (for example, a debt not returned in a timely manner, causing harm, etc.). At the same time, extortion is often carried out professionally, i. organized criminal groups; it is usually difficult to solve such crimes.

The actions of ransomware can be distinguished by careful preparation. At the stage of preparation, depending on the goals set, criminals acquire weapons, prepare vehicles, collect information about the lifestyle of the future victim, income, circle of connections, profitable business deals, and property status. Particular attention is paid to the search for compromising materials. This information is collected by bribing acquaintances, bank employees, tax inspectors, as well as using the services of security firms and detective agencies.

Having completed the preparation, criminals in various ways make demands for the transfer of property or the right to it. Claims may be made in person, through third parties, by phone, or in writing. When talking on the phone, criminals often hide the natural intonation and timbre of the voice. When preparing letters, the extortionist seeks to change his handwriting as much as possible or compose a text using cut out letters and words from newspapers and magazines.

The requirements of the offender are accompanied by threats (which may apply to the victim, members of his family, property). From the moment of presenting a claim of a property nature, accompanied by a threat, extortion is considered completed.

It is typical for this crime that the perpetrator intends to implement threats after a certain period of time and that they are perceived by the victim as realistically feasible. Criminals themselves determine the time, place and procedure for the transfer of property, while trying to protect themselves as much as possible. If the victim refuses to comply with the conditions of the extortionists or does not comply with them within the established time limits, the gradual implementation of the threats begins, as a rule, by committing other crimes.

To conceal their actions, criminals sometimes force the victim to make fictitious transactions (for example, for the provision of financial assistance) or control his further activities by providing "security services".

When extortion is committed, there are usually no witnesses and few material and ideal traces remain. Traces can be: threatening letters, recordings of telephone conversations, traces of hands, feet, vehicles, the object of extortion itself, and finally, the external signs and features of the extortionist's voice that became known through personal contact.

The subjects of extortion are most often men aged 20 to 35 who do not work or are formally employed by an enterprise. They are usually characterized by a low educational level, a pronounced desire for easy money, cruelty, a tendency to use alcohol and drugs. Among the extortionists there are many previously convicted (according to some estimates, one in three), former athletes and employees of paramilitary units.

The organizers of criminal groups are characterized by analytical abilities, cynicism, strong-willed qualities, the presence of criminal experience, a certain authority in criminal circles.

5.20. Typical situations and program of actions at the initial stage of extortion investigation

For the initial stage of the investigation of extortion, the following investigative situations are typical:

1) the victim filed an application immediately after committing the extortion, without fulfilling the requirements of the criminals;

2) the victim filed an application after full or partial satisfaction of the demands of the criminals;

3) the victim does not want to report extortion, the criminal case was initiated at the initiative of law enforcement agencies.

In the first situation, the sequence of actions of the investigator will be as follows: interrogation of the applicant; control and recording of telephone conversations; examination of the object of extortion before transferring it to the criminal; detention of the extortionist red-handed; searches; inspection of the scene, if necessary. In addition, relevant ORMs are carried out.

The second situation, when the object of extortion is fully or partially transferred to the criminal, is accompanied by the production of similar investigative actions and can develop in several directions:

▪ extortion is multi-episode in nature, the identity of the criminal is known;

▪ extortion is one-time in nature, the identity of the criminal has been established;

▪ extortion is one-time in nature, the identity of the criminal has not been established.

The third situation is the most difficult, since the investigation takes place contrary to the will of the victim, and the range of possible actions of the investigator is significantly narrowed. The reluctance of the victim to apply for extortion to law enforcement agencies can occur for a number of reasons, such as: fear of revenge from extortionists, the commission of crimes by the victim himself, the criminal origin of the subject of extortion; the ability to meet the demands of criminals; the desire to get protection from another criminal group, etc.

In such cases, during the production of investigative actions, the investigator needs to find out the motives for the unfair behavior of the victim and take measures to eliminate the existing obstacles.

When conducting search activities, the coordinated nature of the actions of the investigator and operational workers is important.

In a situation where the identity of the extortionist has not been established, the initial investigative actions, as a rule, are accompanied by the following organizational measures of a search nature:

▪ providing search participants with information about the appearance and special features of the extortionist;

▪ presenting photo albums of registered persons to victims and eyewitnesses of the crime;

▪ verification of data on the method of committing a crime using regional and centralized automated information retrieval systems, records of forensic units;

▪ drawing up a composite portrait of the wanted person;

▪ study of reports, orientations, archival criminal cases in order to identify crimes committed in a similar way.

After establishing the identity of the extortionists and their detention, investigative actions in accordance with Art. 91 of the Code of Criminal Procedure are carried out in the following order: inspection of the scene (place of detention of the extortionist); personal search and examination of detainees; inspection of objects of extortion (when caught red-handed); searches at the place of residence (temporary stay) and work of the extortionist; interrogation of witnesses; interrogation of detainees as suspects; presenting suspected persons for identification to the victim and witnesses; face-to-face confrontations between victims and suspects; obtaining samples for a comparative study; appointment of expertise; organizing the search for accomplices in the crime.

The data obtained at the initial stage of the investigation make it possible to concretize the versions put forward and plan in detail the subsequent actions of the investigator and operatives.

5.21. Forensic characterization of misappropriation or embezzlement of another's property

In the general array of crimes in the sphere of the economy, a significant place is occupied by theft of someone else's property entrusted to the guilty person, by means of its appropriation or embezzlement (Article 160 of the Criminal Code).

In most cases, when misappropriations are made, money, including foreign currency, becomes the subject of criminal encroachment. In connection with the development of the securities market, the interest of thieves in bonds, checks, shares, certificates, bills is increasing. Highly liquid assets are stolen from among commodity-material objects: non-ferrous and precious metals, oil and oil products, electronic equipment.

The choice of the appropriation method depends on a number of objective and subjective factors: the legal protection of certain areas of business, the state of protection, accounting and control at a particular enterprise, the competence and conscientiousness of its leaders, the technical equipment and organization of the plunderers, their personal qualities, the nature of the subject of encroachment. When choosing a form of property for encroachment, robbers primarily focus on the degree of its legal and technical protection.

Preparation for assignment may consist of the following actions: registration of an enterprise only for the implementation of one or more operations for the theft of funds and material values; production of false constituent documents of the enterprise (constituent agreement, charter, minutes of the general meeting); inclusion in the charter of the enterprise of activities that require significant capital investments; obtaining bank loans under the pretext of developing production, mastering new technologies, implementing large-scale construction projects, including conditions for mandatory prepayment in contracts for work, supply, and sale. In order to raise funds, ostensibly for the implementation of various investment programs, the possibilities of advertising in the media are widely used. Overstatement in the purchase documents of the actual costs for the purchase of raw materials for the needs of production allows the thieves to appropriate accountable funds.

Special thoroughness distinguishes the preparation of misappropriations committed by organized criminal groups. Robbers pay great attention to the planning of their criminal activities, the selection and distribution of functions among accomplices, the choice of technical means, and the development of methods for hiding the traces of crimes.

Misappropriation and embezzlement aimed at misappropriation of other people's property are carried out in various branches of economic activity in a variety of ways. Among the universal (applicable without taking into account the specific profile of the enterprise) methods include the following: waste of funds received under the report for the needs of this enterprise, payment for actually unfulfilled work, inclusion of "dead souls" in the payroll, receipt of funds from the cash desk of the enterprise on the basis of fictitious documents (fake estimates, business trip reports, entertainment expenses, etc.), appropriation of raw materials, semi-finished products, finished products, equipment and other property belonging to the enterprise.

There are also various ways of concealing assignments. These include the deliberate bankruptcy of an enterprise, when creditors and controlling organizations create the appearance of a financial collapse, the true cause of which is the theft of monetary and material values. There are cases of transfer of stolen funds to bank accounts of other legal entities and individuals, including those located abroad. It is not uncommon for the frequent change of the legal address and the actual location of the enterprise, its re-registration with a change in name and legal form. Accounting and other documents subject to storage, in which there are traces of criminal activity, are in many cases destroyed by thieves, masking this by loss, fire, flooding of premises.

For this category of criminal cases, typical traces of criminal activity to be detected remain mainly in the operational, technical, accounting, organizational and managerial documentation of enterprises. In the course of studying the circumstances of misappropriation, investigators often encounter such sources of information as the constituent documents of firms, minutes of meetings of founders and shareholders, decisions of enterprise management bodies, agreements and contracts, invoices, checks and receipts, advance reports. Important data for the investigation may be contained in the draft notes of the robbers, their business correspondence, banking documents, and on technical media (floppy disks, video recordings, magnetic tapes). The direct objects of criminal encroachment, property and valuables acquired as a result of theft can also testify to criminal activity.

Data on the identity of criminals include information about their official position, role functions in the appropriation mechanism, the nature of relationships with other accomplices, age, psychological and business qualities. This category of persons, as a rule, is characterized by a sufficiently high educational level, significant professional training and relevant knowledge.

The process of investigating the misappropriation or embezzlement of other people's property is usually associated with the need to study a large array of various documents, a thorough study of the specifics of the financial and economic activities of various organizations and their economic ties, the widespread use of special knowledge, and a significant length of time.

5.22. Tactics of search and seizure in cases of misappropriation or embezzlement of other people's property

Preparation for a search and seizure involves, first of all, determining the range of items and documents to be found and seized. In addition to the information collected by the investigator on the basis of the results of the pre-investigation check and the investigative actions already carried out, it is advisable to obtain advice from an accounting specialist (with the possible subsequent involvement of him in the search or seizure) on the types and content of documentation that can confirm or refute the fact of misappropriation someone else's property. If there is information that the thieves used computer, organizational or other equipment in the process of criminal activity, relevant specialists should be included in the investigative and operational group conducting the search or seizure.

Documents of interest to the investigation may include: minutes of the general meeting, meetings of the board, the supervisory board and other governing bodies; constituent and organizational and administrative documents (charter, memorandum of association, orders and orders); constituent documents of subsidiaries; agreements and contracts with other institutions and a book of their registration; acts of documentary audits of the tax inspectorate, audit commissions, audit firms, and other regulatory authorities; correspondence, powers of attorney, draft notes. Depending on the circumstances of the case, accounting documents are seized: quarterly and annual balance sheets, the general ledger, order journals, documents for accounting for transactions on settlement and other bank accounts, cash book with cashier's reports, documents for accounting for fixed assets, low-value and wearing items, documentation accounting for materials, costs for the production of finished products and their sale.

Through the production of seizures in state institutions, documents are required that necessarily accompany the financial and economic activities of the enterprise of interest to the investigation. In cases where it is inappropriate to try to obtain the necessary information at the enterprise itself, its constituent documents can be familiarized and seized at the territorial branch of the registration chamber, with quarterly and annual accounting balance sheets - at the tax inspectorate, with obtained licenses for certain types of entrepreneurial activities - in the licensing structures of executive authorities. Organizations-suppliers or customers store various types of agreements and contracts concluded with this enterprise, business correspondence, receipts and expenditure documents.

In a bank serving legal entities and individuals of interest to the investigation, agreements on settlement and cash services of an enterprise, payment orders, receipt and expenditure orders, checks for cash receipts, acts on checking cash discipline and other documentation can be seized. Seizure is also carried out in respect of documents and valuables kept by the suspects in individual bank safes.

When preparing for a search at the workplace or in the home of suspects, it must be established whether they have bodyguards, visual surveillance and operational communication devices, technical means of protection, and weapons. It is advisable to establish surveillance over the place of the forthcoming search. The task of attracting additional forces from among the employees of special units to the search is also being solved.

During the search, the goal is to detect and seize documents, as well as draft records, indicating the presence of traces of appropriation of objects of criminal encroachment, criminally acquired values. Minutes of general meetings of interest to the investigation and correspondence of company officials, agreements, contracts, payment orders, check books, prospectuses for issuing securities and their registers, cash and balance reports, waybills, invoices . Safes and workplaces of the suspects, their personal belongings, utility rooms, places of possible hiding places, vehicles are subject to verification. In addition, cassettes with magnetic tapes in answering machines and voice recorders, pagers, floppy disks, computer memory blocks, typewriters with a memory device, and video recordings should also be seized. If there are grounds to believe that the searched person was engaged in forging documents used to carry out the theft, special attention should be paid to the search for printing equipment, paints, engraving tools, printers, scanners, cliches of seals and stamps, their test prints, drafts with test samples of other people's handwriting and signatures .

During the search of the apartments of the thieves, their property is simultaneously seized in order to ensure compensation for material damage.

5.23. Examinations in cases of misappropriation or embezzlement of other people's property

The range of forensic examinations carried out in the category of criminal cases under consideration is quite wide and depends on the method of appropriation and the circumstances to be clarified. Along with the most common forensic and economic expert studies, commodity research, technological, physical-chemical, engineering and some others are also carried out.

Forensic accounting is traditional for investigating misappropriation cases. Its subject matter includes data on the material assets of an enterprise, institution or organization and their sources, financial and economic operations and their results, documentation and reflection of them in accounting. The number of questions resolved by an expert accountant, in particular, includes the following: how is the shortage of certain types of property assets that occurred in a given period in the warehouse characterized in quantitative and total terms; what entries in the accounting registers are not confirmed by primary documents; for what amount and for what transactions was a documented unjustified capitalization or write-off of a certain type of valuables carried out; what is the amount of documented unjustified withdrawal of funds from the cash register or from accountable amounts; whether proper accounting practices were followed for the range of business transactions under study; what deviations from the accounting rules made it difficult to identify data on shortages (surpluses) of inventory items. [10]

In the course of the investigation, it becomes necessary to conduct a financial and economic expertise, the subject of which is actual data related to the formation, distribution and use of income and funds of enterprises and organizations, negative deviations in these processes and financial planning that affected financial indicators and related results economic activity, as well as circumstances conducive to the commission of crimes due to non-compliance with financial discipline.

When examining the circumstances of the production process, a technological expertise is assigned to resolve the following issues: on the compliance of the materials used in the manufacture of industrial products and consumer goods with those provided for by the current state standards and technical conditions; about the violations of production technology that have taken place and their consequences; on actual costs and waste in the manufacture of products; on the condition and characteristics of production equipment at the enterprise.

Commodity expertise is intended to establish the type, type, quality of industrial and food products, their condition, variety, raw materials, method and place of manufacture, methods of packaging, transportation, storage, sale and use of them, determine the causes of changes in the quality and appearance of goods, the manifestation of defects .

Since most assignments, as already noted, are carried out using forged documents, they become the subject of forensic examinations.

Documents are sent for handwriting expertise to identify the executors of signatures and individual entries, additions, and the entire text as a whole. In these cases, the following are subject to study: signatures under the constituent documentation of the enterprise, agreements and contracts, statements for receiving wages; dopiski in expenditure and receipt documents; handwritten text in waybills, estimates, purchase acts, warehouse accounting cards, draft records of robbers.

Technical and forensic examination of documents reveals the facts and methods of manufacturing counterfeit securities, licenses, quality certificates, payment orders, plastic cards, memorial orders and other financial and accounting documentation, as well as passports and identity cards. The subject of the study can also be the technical means used in the forgery and use of false documents: copiers, faxes, scanners, teletypes, printers, software, printing equipment, dyes and chemicals.

In connection with the widespread introduction of automation tools in the field of accounting and settlements of Russian enterprises, assignments made using computer technology are becoming widespread. The methods of committing such crimes include unauthorized entry into computer databases and the implementation of illegal financial transactions, as well as deliberate changes in the software and hardware of measuring and computing systems in order to appropriate someone else's property.

There are a number of cases of this kind known, including an attempt to steal 68 billion rubles. through the intrusion of criminals into the software of the payment systems of a number of commercial banks and the use of modem communications. In such situations, there is a need to carry out computer technical expertise, which has the ability to identify the user and programmer of the computer, restore changed information arrays, identify the fact and determine the method of unauthorized penetration into the computer system.

5.24. Forensic characteristics of bribery

According to the law, the subject of a bribe is money, securities, other property, as well as property benefits.

Benefits of a property nature as one of the types of bribes can be expressed in the gratuitous provision of various material services to the bribe-taker: payment for a trip abroad or free organization of recreation, repair of a car or summer cottage, or construction work during the construction of any objects for the bribe-taker without receiving appropriate payment from him ; "sale" of expensive property for an incomparably low price compared to its real value; registration of a bribe-taker or his relatives for highly paid positions in case of actual non-fulfillment of official duties by them.

The time and place of receiving and giving a bribe, the methods of committing a crime are determined by the nature of the activities of the subjects of bribery, their professional and criminal experience, the organization of the bribe takers, the features of the subject of the bribe, and the development of methods for concealing the crime.

A bribe can be received at any time of the day that is convenient for the contracting parties, but more often this happens during working hours.

Investigative practice knows cases of receiving bribes at the workplace of a bribe taker, bribe giver or intermediary, in notary offices, intermediary firms or other institutions and organizations, when they are veiled under a legitimate transaction (for example, a construction contract); in other places that are not crowded or, on the contrary, a large crowd of people, which contributes to the imperceptible transfer of a bribe, including to another person present at the same time, at the direction of the bribe taker; in places where there are yards, randomly located buildings, landscape features that allow them to be used for inconspicuous retreat; near pre-prepared caches, where you can leave for some time the subject of a bribe to withdraw it in the future in order to prevent red-handed detention.

Methods of committing bribery can be divided into a number of types on the following grounds:

▪ by the presence or absence of mediation in bribery:

▪ without an intermediary;

▪ with an intermediary;

▪ by the presence or absence of influence inducing an interested person to give a bribe:

▪ with extortion;

▪ without extortion;

▪ on the content of the official’s actions aimed at satisfying the interests of the bribe-giver:

▪ using illegal official actions (inaction);

▪ using legal actions (inaction);

▪ according to the form of bribe transfer:

▪ veiling a bribe under a legal transaction (registration, for example, of a household contract);

▪ receiving a bribe without veiling.

The mechanism of trace formation in bribery is due to a number of factors, the most significant of which are: the type of bribe, the situation of its transfer, the structural elements that make up the way the crime is committed. Bribery is characterized by ideal footprints, footprints, handprints, indicating the presence of the suspect in a certain place; sales receipts, labels, labels, packaging of the bribe, photographs, personal records, documents confirming the personal or business ties of the participants in the crime, unusual or illegal actions of an official in the interests of the bribe giver, etc.

5.25. Typical situations and the program of actions of the investigator at the initial stage of the investigation of bribery

At the initial stage of the investigation of bribery, the following most typical situations may arise.

1. There is a statement of a specific person about giving them a bribe (one-time or systematic). The applicant is ready to participate in the exposure of the bribe taker, who is not aware of the fact of the application.

In such cases, the following is carried out first: the interrogation of the applicant; inspection of the alleged subject of the bribe; if necessary - listening and sound recording of telephone conversations, as well as the relevant ORM. Then, based on the results of these investigative actions and measures, the bribe-taker is caught red-handed, his personal search is carried out; interrogation of the detainee; interrogation of witnesses, which may also be persons who took part in the detention of the bribe-taker; searches at the places of residence and work of the detainee, seizure of his property; seizure of official documents. Sometimes at the initial stage of the investigation, forensic examinations are appointed.

2. There is a statement or operational information about a specific fact (facts) of the transfer of a bribe to an official and the performance by him of certain actions in the interests of the briber; the bribe-taker and the bribe-giver are not aware of this.

In this situation, at the initial stage of the investigation of a criminal case, the following are carried out: interrogations of witnesses whose statements or messages served as a prerequisite for preliminary verification, as well as other persons who have information about the circumstances of the crime and are ready to help expose bribe-takers; seizure and inspection of official and other documents that may contain information about the actions (inaction) of an official in favor of the briber; if there are grounds for this - searches at the places of residence and work of participants in bribery, seizure of their property; interrogations of suspected persons; if objects of a bribe are found - their inspection; face-to-face confrontations between witnesses and suspects. At the same time, in agreement with the investigator, ORMs are conducted aimed at identifying all participants in bribery, their locations, connections, searching for bribe items, expanding the circle of witnesses, etc.

3. Information about the facts of a bribe came from official sources (for example, reports from institutions, departments on the results of audits, audits, etc., indicating illegal actions of an official in favor of one or more persons); bribe-takers know that law enforcement agencies are interested in their actions.

In this situation, first of all, seizure and examination of official documents are carried out, and then - interrogations of witnesses, including those who participated in audits and other types of audit of financial and economic activities. Otherwise, the circle and sequence of investigative actions are the same as in the first situation. Along with investigative actions, an ORM complex is being carried out.

5.26. Forensic characteristics of the manufacture or sale of counterfeit money or securities

The subject of forgery and sale are bank notes of the Central Bank of the Russian Federation, government securities or other securities in the currency of the Russian Federation or foreign currency and securities in foreign currency, if they were in circulation at the time of the crime. Counterfeiting banknotes or securities that have gone out of circulation does not form the corpus delicti of the crime in question. Counterfeiting of metal coins is practically not found at present.

Given the great public danger of counterfeiting, each state is trying to find effective measures to protect its banknotes and securities from counterfeiting. However, improving protection methods does not stop criminals.

There are two types of forgery: partial and complete. Partial forgery has not found wide distribution, since it mainly boils down to drawing or re-gluing zeros cut out from tickets of lower denominations to increase the face value of a fake ticket and is designed for the inattention of the person to whom it is handed, or conditions under which it is difficult to detect signs of a fake ( e.g. elapsed time of day).

With a complete forgery, a significant similarity of counterfeit banknotes and securities with genuine ones in shape, color and other features is ensured. Often they are made on paper that is close in appearance to genuine paper, which has an imitation of the security features of genuine paper.

For a complete fake, the following methods are characteristic: printing (offset, photozincographic, phototype), copying, photographic, combined.

Forgery of money in the printing method consists in the manufacture of special printing forms and obtaining prints from them, which achieves a great similarity of fake tickets with genuine ones and the possibility of replicating them in significant quantities.

In recent years, the method of copying with the help of copiers, which is used for color copying, has become widespread, which very accurately reproduces the color gamut of money and securities.

The combined method is a combination of printing and copying methods. Counterfeit bills made in this way are difficult to distinguish from genuine ones.

Despite the high quality of forgeries, counterfeit banknotes and securities can be detected by the signs that appear in them, which are characteristic of specific methods of their forgery.

For example, the signs of offset printing are the absence of thickening of the ink along the edges of the strokes and the deformation of the paper. With the photozincographic method of forgery, deformation of the paper, uneven distribution of the dye in the strokes, thickening of the coloring layer along the edges of the strokes, their unevenness and more intense coloring are observed. Phototypes are characterized by: a fuzzy image, doubleness and blurring of lines, deformation of small elements and letters, pallor of color. Counterfeit currency and securities made using copiers are distinguished by a grainy display of strokes, gloss and superficial overlay of the dye, the presence of dots ("goosebumps") in blank areas and the background of banknotes.

The location of the crime depends mainly on the methods of forgery and other circumstances. Often counterfeiting is carried out at the location of copiers and photographic equipment, relevant materials, as well as in garages, basements, sheds. The sale of counterfeit money occurs more often in markets, train stations, at currency exchange points; there are frequent cases of using "fakes" in a taxi to pay for fares at night.

The variety of ways to counterfeit banknotes and securities corresponds to a wide range of traces of its commission. The most typical of them are:

▪ technical means of counterfeiting (printing presses, cliches, presses, installations for photo reproduction, copying equipment); drawing instruments, brushes, paper cutters or scissors, numberers, samples and stencils for inscriptions, foundry molds, punches for stamping, crucibles, forges, blowtorches, as well as equipment for electroforming in cases of manufacturing counterfeit metal banknotes;

▪ raw materials and consumables: special grades of paper, copy paper, photographic materials, glue, as well as soft metals and salts of precious metals;

▪ counterfeit paper and metal money, blanks of paper and metal money, genuine money with traces of tattoos or cut out elements (for example, cutting out zeros), with a washed-out image, carbon paper with traces of copying banknotes and securities, their sketches, etc. .;

▪ handprints, micro-objects, and other traces on raw materials, counterfeit money and other items that may become objects of expert research to identify persons involved in counterfeiting.

Counterfeiters can be both individuals and persons belonging to criminal groups. For criminal groups, it is typical that all actions for the preparation, manufacture and sale of counterfeit money and securities are carefully planned and carried out under a single management, with a clear distribution of roles and specialization, with strict secrecy. Such groups, as a rule, are equipped with modern technical means and technologies that ensure the high quality of counterfeit products.

Organized formations of counterfeiters involve artists, photographers, specialists in printing companies, operators of electromultiplier equipment into criminal activities - as a rule, they have no criminal record, leading an outwardly normal lifestyle, purposeful and patient, capable of devoting years to mastering tools, studying technologies and acquiring skills to achieve the expected result.

5.27. Typical situations and the program of actions of the investigator at the initial stage of the investigation of the manufacture or sale of counterfeit money or securities

The following typical situations are typical for the initial stage of the investigation of criminal cases on the facts of counterfeiting.

1. Found counterfeit banknotes or securities; manufacturer and distributor unknown.

In this situation, the following initial investigative actions are carried out: a detailed interrogation of the person who discovered the fakes, about the circumstances of their appearance and the likely distributor; inspection of counterfeit money or securities; inspection of the scene; inspection of individual items on which traces of the dealer could remain; interrogation of witnesses; appointment of a comprehensive examination of counterfeit money or securities in order to establish metals, grades of paper, dyes, technological processes, devices and equipment used in their production, as well as other examinations. At the same time, search operations are carried out to identify and check near the places of sale of fakes of financial, trade institutions, including those engaged in foreign exchange transactions, as well as citizens who, by their actions, cause reasonable suspicion, collect information about the appearance of a potential distributor, etc.

Based on the investigative actions carried out, versions of the possible circle of persons involved in the crime are put forward and verified:

1) have been criminally charged in the past for counterfeiting, forgery of documents and similar crimes;

2) with the skills of engravers, printers, photographers, zincographers, etc.;

3) having access to raw materials, equipment and apparatus that can be used in the production of counterfeit money.

2. A person detained while trying to sell a counterfeit banknote or security denies his involvement in the crime.

At the initial stage of the investigation in this situation, the following are carried out: interrogation of the detainee about the circumstances of the appearance of counterfeits and their implementation, inspection of counterfeit money, inspection of the scene, interrogation of witnesses (if any), appointment of examinations. If there are sufficient grounds, searches may be carried out at the places of residence and work of the distributor, in his garage, shed, dacha, etc. At the same time ORM are carried out.

3. A person is detained while selling counterfeit money; the detainee admits that he is a distributor, names the manufacturer.

In this case, the same investigative actions are first carried out as in the second situation, and then the manufacturer is detained, his detailed interrogation, searches at his places of residence and work, interrogations as witnesses of persons who have any information about the crime. At the same time ORM are carried out.

5.28. Forensic characteristics of crimes related to illicit trafficking in narcotic drugs or psychotropic substances

In accordance with the Criminal Code, crimes related to drug trafficking include:

▪ illegal acquisition, storage, transportation, production, processing of narcotic drugs, psychotropic substances or their analogues (Article 228);

▪ illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues (Article 228.1);

▪ violation of the rules for the circulation of narcotic drugs or psychotropic substances (Article 228.2);

▪ theft or extortion of narcotic drugs or psychotropic substances (Article 229);

▪ inducement to consume narcotic drugs or psychotropic substances (Article 230);

▪ illegal cultivation of prohibited plants containing narcotic substances (Article 231);

▪ organizing or maintaining dens for the consumption of narcotic drugs or psychotropic substances (Article 232);

▪ illegal issuance or forgery of prescriptions or other documents giving the right to receive narcotic drugs or psychotropic substances (Article 233).

Drugs are substances that, when used, cause a special mental state (drug intoxication), to which a person gets used very quickly and begins to experience a constant and ever-increasing need for their further use, which ultimately leads to drug addiction and irreversible changes in the central nervous system. system. In this regard, narcotic drugs are prohibited by law for use outside of medical and scientific purposes.

By origin, drugs can be divided into two groups: vegetable (natural, natural) and synthetic. There are also semi-synthetic drugs.

The most widespread drugs in Russia are handicrafts made from narcotic varieties of hemp and opium poppy, as well as medical preparations of the opium group.

The main types of narcotic drugs homemade from hemp include: marijuana (cannabis), hashish (anasha), hash oil.

One of the main types of drugs handicraft made from poppy is raw opium - a thickened milky juice that is released from cuts in green poppy pods. It can be processed by evaporation and other methods.

These types also include: poppy straw - poppy boxes and stalks (whole, crushed, pressed); extraction opium, obtained by extracting narcotic alkaloids with water or solvents, followed by evaporation to a resinous state; infusion or decoction of poppy straw (koknar).

A strong drug is cocaine - obtained from the leaves of the South American plant "coca", a natural alkaloid.

Medical drugs containing drugs include: tincture of opium, morphine, codeine, noxiron, etc. They are found in various types of packaging (vials, ampoules, powders, tablets).

In recent years, new, previously unseen narcotic drugs have appeared in illegal circulation in Russia. This is heroin (one of the most dangerous drugs, because it very quickly causes persistent addiction), as well as lysergic acid and its derivatives (LSD). Lysergic acid is not used in its pure form, but serves as an initial component for the production of narcotic drugs of the LSD group, which have a strong hallucinogenic effect. As a rule, LSD is applied to perforated paper with repeating images (a heart, a letter, an image of an animal, etc.).

Amphetamines, synthetic substances that are stimulants of the central nervous system, some of which have psychotropic or hallucinogenic effects, are becoming increasingly illicit. Amphetamines are found in the form of solutions, powders, capsules, impregnated paper, but more often - in the form of tablets with logos in the form of images of a crown, a bird, a car, an Indian head, a dollar, etc.

The main ways of committing this type of crime:

▪ theft of narcotic substances from processing plants, pharmaceutical warehouses, as well as from pharmacies, medical, research and other institutions;

▪ obtaining drugs from pharmacies and medical institutions using counterfeit and illegally written prescriptions;

▪ illegal sowing of poppy and hemp with subsequent extraction and processing of narcotic substances;

▪ travel for the purpose of procuring drugs to areas where poppy and hemp are cultivated or there are significant areas with wild plants of these species;

▪ extraction of drugs from medicinal substances containing them;

▪ drug smuggling;

▪ acquisition of drugs through purchase, exchange, borrowing and other means.

The most common way to acquire and sell drugs is to sell them at retail, usually in small doses designed for one-time consumption.

Typical drug distribution locations are crowded places: markets, parks, subway stations, hotels, restaurants, places of entertainment, and brothels.

Often traffickers operate in groups where roles are pre-assigned: one offers drugs, another monitors from a distance to warn of danger, a third stores drugs. Some traffickers use children and teenagers to sell drugs to ensure their safety. There is also a so-called contactless way of selling drugs. In this case, the dealer hides pre-packaged narcotic drugs in various places (under a stone, in a fence gap, mailbox, tree hollow, etc.). Having received the money, the dealer indicates to the buyer the place where the drugs are stored.

The main ways of consuming narcotic drugs are: smoking, inhalation, swallowing, subcutaneous, intramuscular and intravenous injections. A combination of different methods is also possible.

You can identify a drug addict by his appearance and some behavioral reactions that appear after taking a particular drug. The duration of the use of narcotic drugs is evidenced by characteristic external signs: general exhaustion and decrepitude (baldness, wrinkling of the face, loss of teeth, discoloration of the skin, yellowness, earthiness). The behavior of a drug addict during the period of drug starvation is especially characteristic and cannot be disguised. Attention is drawn, in particular, to motor excitation, aggressiveness, sweating, hand trembling. With the introduction of the drug by injection, there are numerous traces of injections on the body, scars, scars, damage to the veins. In addition, the saliva, urine, hair, blood of drug addicts contain traces of narcotic substances.

Traces of narcotic drugs also remain on various items used both for the manufacture of drugs (scales, sieves, meat grinders, knives, etc.), and for their transportation, sale, use, purchase (plastic and paper bags, bags, bags, needles, syringes, cotton and gauze swabs, juice cans, etc.). When transported by road, gas tanks, radiators, bumpers, spare wheels, car interior and trunk, rear axle and other parts and assemblies of the vehicle can be used for concealment. Recently, the facts of transportation of drugs in suitcases and boxes with a double bottom or double walls have become more frequent.

5.29. Examinations in cases of crimes related to illicit trafficking in narcotic drugs or psychotropic substances

In cases of this category, the following types of forensic examinations are traditionally assigned: substances, materials and products, botanical, medical, psychiatric, biological, narcological, forensic.

The objects of examination of substances, materials and products are narcotic drugs of handicraft and industrial production, raw materials for their manufacture, their traces on dosing devices (scales, spoons, dishes), consumption (tubes, syringes), packaging, storage, clothing.

The following shall be sent for examination: seized narcotic drugs, particles of narcotic plants, objects with traces of a narcotic substance, devices for drug consumption, clothing, cigarettes (cigarettes) seized from the suspect, washings from the hands of the suspect, etc.

When sending plant objects for examination, it is necessary to ensure the safety of all parts of plants: inflorescences, leaves, stems, bolls, etc.

Experts are usually asked the following questions:

1) whether the substance submitted for research is a narcotic drug or a strong pharmaceutical preparation; if so, which ones;

2) what is the content of narcotic active components in the substance submitted for research;

3) how (industrial or homemade) the substance seized from the suspect was made;

4) whether there are traces of narcotic or potent drugs on the carrier objects (the walls of the syringe, ampoules); if so, which ones;

5) whether tobacco products submitted for examination (cigarettes, cigarettes, including smoked ones, tobacco crumbs, etc.) contain narcotic drugs; if so, which ones.

The following questions may be asked before the forensic botanical examination:

1) whether the seeds submitted for examination are opium, oil poppy or hemp seeds; if so, what kind;

2) whether the seeds of opium or oilseed poppy (cannabis) seized during the search are similar to the samples of seeds of these plants seized from the place of sowing;

3) whether the samples of plants taken from the place of sowing are opium, oil poppy or hemp; if so, what species do they belong to;

4) can this hemp (heads of opium or oil poppy) be used for the manufacture of narcotic drugs;

5) where is the zone of growth of this plant;

6) what is the degree of vegetation of plant samples submitted for examination.

A forensic biological examination is carried out in order to establish the fact of drug consumption by a given person, for which blood, hair and various secretions of the human body are subjected to research.

Based on samples of blood, hair, urine, saliva of the subject, the following questions are posed to the expert:

1) whether there is a narcotic substance in the blood, hair, urine and saliva submitted for examination;

2) if so, which one.

Forensic psychiatric examination solves the following issues:

1) whether the subject had a mental illness at the time of the commission of the act incriminated to him and whether he is sane;

2) whether the accused fell ill after the commission of the crime with a mental illness that deprives him of the opportunity to be aware of his actions and manage them;

3) whether the subject needs to apply compulsory medical measures and which ones;

4) whether the accused has mental deficiencies that do not exclude his sanity and procedural capacity, in what way they are expressed and whether they make it difficult for the accused to defend himself;

5) if the accused has mental deficiencies, does this affect his ability to correctly perceive the circumstances relevant to the case and give correct evidence about them.

This examination, as a rule, is preceded by a forensic narcological examination, during the production of which it is often necessary to appoint a forensic psychiatric examination. Addiction experts answer the following questions:

1) whether the person suffers from chronic drug addiction;

2) whether he needs compulsory treatment for drug addiction;

3) whether there are any contraindications on the part of the health of the subject for such treatment.

A comprehensive forensic and narcological examination can be carried out to address issues of:

1) whether the person is under the influence of drugs or alcohol at the time of the study and what is the degree of intoxication;

2) whether there are signs of recent use of narcotic drugs or alcoholic beverages and how long ago they were used;

3) what could be the degree of drug intoxication at the time of drug use;

4) what drug was used;

5) how the drug was introduced into the body, which one and in what quantity.

Of the number of forensic examinations in this category of cases, traceological, technical and forensic examinations of documents and handwriting examinations are most often appointed.

5.30. Forensic characteristics of arson and criminal violations of fire safety rules

The crimes of this category include: intentional destruction or damage to another's property, committed by arson or explosion (part 2 of article 167 of the Criminal Code); the same actions committed through negligence (part 2 of article 168 of the Criminal Code); terrorism committed by explosion or arson (Article 205 of the Criminal Code), organization or participation in mass riots accompanied by arson, the use of explosives or explosive devices (Part 2 of Article 212 of the Criminal Code); violation of the rules for accounting, storage, transportation and use of explosive, flammable substances and pyrotechnic products (Article 218 of the Criminal Code); violation of fire safety rules (Article 219 of the Criminal Code); destruction or damage to forests as a result of careless handling of fire, as well as by arson (parts 1 and 2 of article 261 of the Criminal Code); sabotage committed by explosion or arson (Article 281 of the Criminal Code) and some others.

The direct subject of a criminal offense in cases of arson is any property (movable and immovable) of material value, the destruction or damage of which causes significant material damage to its owner or legal owner.

The motives of crimes related to the destruction or damage of property by arson, as a rule, are domestic, personal, often mercenary in nature (revenge, jealousy, envy, the desire to receive an insurance premium). However, in recent times, arson has also been committed during showdowns between criminal gangs in order to eliminate or intimidate competitors, provide conditions for systematic extortion, etc.

The most common types of arson are:

▪ use of flammable materials located at the crime scene;

▪ use of pre-prepared flammable materials and devices;

▪ creating conditions at the appropriate facility for the ignition of certain substances or objects from external heat without the use of open fire (focusing the radiant energy of the sun using lenses on flammable paper, rags, shavings), etc.

The forensic characterization of criminal violations of fire rules is different in that its most important element is typical violations of the relevant rules, leading to a fire or creating conditions for its spread. These include:

▪ violation of the rules for installation and operation of heating, electrical and gas networks, electric heating and lighting devices and equipment;

▪ violation of the rules for the manufacture, storage, transportation, and mailing of flammable materials, substances and products made from them;

▪ violation of fire safety rules when performing welding and other fire-hazardous work;

▪ careless handling of open fire.

Residential premises, cultural and entertainment institutions, hotels, catering establishments are characterized by the occurrence of fires due to improper operation of household and industrial electric heating and lighting devices, heating and gas installations, leaving unextinguished cigarette butts in fire hazardous places.

Fires in industrial premises occur in the overwhelming majority of cases due to non-compliance with fire safety rules in the manufacture, storage, transportation and use of explosive and flammable substances, flammable liquids and other flammable materials. In warehouses and retail premises, fires are caused by non-compliance with the rules for warehousing or storage of inventory items, leaving electrical and other heating devices unattended, smoking in prohibited places.

At agricultural facilities, in the forest, fires occur due to careless handling of sources of increased fire hazard, kindling fires, smoking near unharvested or stacked dry herbs and cereals, wooden buildings.

In all cases, the emergence and spread of fires, the onset of serious consequences are facilitated by clutter in the premises, malfunction or lack of primary and automatic fire alarm and fire extinguishing equipment, etc.

The number of fires usually increases in the autumn-winter period, when people spend most of their time indoors and especially when there are cases of centralized heating and lighting shutdowns, which entails the use of fire hazardous means for heating and lighting the premises. In summer, in hot dry weather, the number of forest fires increases sharply.

Despite the destructive effect of fire, as well as the inevitable destruction of a significant part of the traces in the course of extinguishing the fire, a wide variety of traces always remain at the scene of the incident: bottles, cans, canisters, and other containers in which combustible substances could be delivered; traces of flammable liquids on various surfaces; remnants of documents that may indicate the concealment of another crime; various devices and devices for ignition at the appointed time; electrical appliances and electrical installations that could contribute to the emergence of steam, wiring, cables with traces of a short circuit or melting, footprints and vehicles on the outskirts of the fire; objects dropped by the criminal (matchboxes, lighters, newspapers used to pack combustible materials, etc.). Traces of arson can also be found on the suspect's body or clothing: traces of fuel and scorching on clothing, hair, burns and other bodily injuries on the hands and other parts of the body, traces of combustion products on the body and clothing.

Among the perpetrators of arson, there are a significant number of men who are prone to drunkenness, hooliganism, aggressive and quick-tempered, previously convicted. In cases of arson of personal property of citizens, about half of the arsonists were previously prosecuted for other crimes. The vast majority of arson is committed alone. In recent years, in connection with the growth of organized crime, members of criminal groups have used property arson as a means of intimidation when committing other crimes or settling scores with competitors.

Persons who violate the rules of fire safety are distinguished by frivolity, arrogance, careless attitude to the assigned task, optionality, laziness, low professional level, and a tendency to drink alcohol and drugs.

5.31. Features of initiating criminal cases on arson and criminal violations of fire safety rules

The reasons for initiating criminal cases on arson and criminal violations of fire safety rules are statements and reports of citizens, officials, publications in the media, direct detection of signs of a crime by law enforcement agencies.

Solving the issues of initiating criminal cases of this category is a certain difficulty, since the results of the inspection of the scene of the incident do not always allow one to immediately draw a conclusion about the causes of the fire. Given this, as well as the need for timely disclosure of crimes related to fires, the legislator prescribes the immediate initiation of criminal cases in the following cases:

▪ loss of life and other serious consequences;

▪ significant material damage;

▪ availability of information about concealment of another crime by means of fire;

▪ signs of arson or explosion.

In other cases, as a rule, a preliminary check is carried out, the purpose of which is to establish signs of a crime or their absence. A preliminary check is most often carried out by employees of the State Fire Supervision Service of the EMERCOM of Russia.

During the inspection, an inspection of the scene of the incident is carried out, an act is drawn up with the participation of the owner or legal owner of the property (the causes of the fire, if any, must be indicated in the act); technical documentation is requested (general plans of the facility and construction drawings, diagrams of electrical, gas, heating and water supply networks, fire alarm lines, ventilation system; technical documentation for equipment and apparatus; state fire supervision orders, acts of the fire and technical commission, orders and instructions on fire safety, departmental fire safety rules, acts of control checks of electrical, gas and other equipment, act of the departmental commission to investigate the causes of fire, etc.); a survey of eyewitnesses, owners of property, other informed persons is conducted; search and rescue operations are carried out in order to identify the perpetrators, as well as persons who have information about the circumstances of the outbreak and development of the fire.

In cases where signs of a crime are established, the materials of the check are sent to the investigator, who makes a decision to initiate a criminal case, or to refuse to initiate, or to conduct a preliminary check.

5.32. Features of the inspection of the scene in cases of arson and criminal violations of fire safety rules

Inspection of the scene of an incident in cases of arson and criminal violations of fire regulations is recommended to be carried out by an investigative-operational group (SOG) consisting of an investigator, a forensic specialist, an employee of the state fire supervision unit, an investigative officer of the criminal investigation department, an operative officer for combating economic crimes, a specialist in fire equipment, a specialist testing fire laboratory, specialists - representatives of the energy and gas service. If necessary, the SOG may also include: a forensic doctor, traffic police officers, emergency services.

Upon the arrival of the SOG to the place of fire, the investigator organizes the study of the situation, the removal of strangers from the scene and the surrounding area, assistance to the victims, identification of eyewitnesses, obtaining from them primary information about the incident, checks the readiness of the technical and forensic means necessary for the inspection, develops an inspection plan, instructs participants SOG.

The inspection begins after the fire is extinguished and the head of its extinguishing, as well as representatives of the energy and gas service, find out the possibility of safe work of the members of the SOG during the inspection of the conflagration.

After making sure that there are no obstacles to the inspection, the investigator proceeds to the working stage of the inspection of the scene. In the process of a general inspection, he examines the place of the fire and determines:

1) combustion zone - the space in which the combustion of substances, materials takes place, heat is released and combustion products are formed;

2) zone of destruction - the space surrounding the zone of combustion, in which the impact of damaging fire factors on the objects located in it (structures, equipment, etc.) takes place;

3) a zone of concomitant changes - territories and premises adjacent to the first two zones, where actions were taken to extinguish a fire, evacuate people, animals, property, violations in the operation of instruments, equipment, etc. were noted.

The investigator also determines the boundaries of the inspection, the alleged source of fire, the starting point of the inspection and the direction of movement; conducts orientation and overview photography or video recording.

A detailed inspection begins with an examination of the source of the fire. It is determined by the concentration of the most burnt objects, the presence of arson, burnouts - directed deep destruction of materials and structures, "focal cone", i.e. traces of burning in the form of a triangle, the apex of which is directed towards the source of the fire. During a detailed inspection, attention is paid to the search and thorough examination of heat generating, electric and gas installations in the combustion zone; automatic fire detection and extinguishing means; triggered fire alarm sensors; remnants of electrical equipment and appliances with traces of emergency operation, electrical wiring, cables with traces of insulation damage, short circuit; parts of structures, objects, materials on which or in the composition of which the presence of flammable and combustible liquids is expected; containers containing such substances or their residues; parts of equipment, devices with traces of exposure to fire, high temperatures, etc.

Certain difficulties sometimes arise when inspecting electrical and gas equipment. Their inspection and removal must be carried out with the participation of specialists from energy and gas services who:

1) help to establish that the detected gas, electrical equipment and devices are disconnected from power sources and will not turn on accidentally;

2) help the investigator correctly, in compliance with the appropriate terminology, record the name of the detected objects, their brand, basic technical data, type and method of laying wires, cables, etc.;

3) provide assistance in the seizure of electrical and gas equipment, which must be carried out in compliance with established rules. Thus, when wires and cables are detected, parts of them with traces of short circuit, melting, together with the remaining sections (at least 50 cm) are removed; switches, plug sockets, switches, protection devices (fuses, circuit breakers, etc.) are removed entirely with supply wires; sconces, electric stoves, irons, floor lamps, etc. are removed entirely along with the connecting cords.

During the inspection, the preserved doors, locks and other locking devices, windows, walls are also examined. Combustion products (ash, soot, slag, coals, etc.) are examined in order to detect traces of substances and materials used for arson. Both in the hearth and in other places of the conflagration, experimental and control samples of soil, ash, coals, parts of destroyed objects are taken for subsequent expert research.

The corpse found at the site of the conflagration is examined with the participation of a physician. During the inspection, the following is recorded: the location of the corpse (with reference to fixed landmarks, the location of gas or electrical equipment, the use of which could lead to a fire); corpse posture; the form and nature of damage, their localization; the condition of the clothes; the presence on it and near the corpse of traces of flammable liquids or combustible liquids, other flammable materials, containers in which they could be located.

5.33. Examinations in cases of arson and criminal violations of fire safety rules

At the initial stage of the investigation, fire-technical and, if necessary, forensic medical examinations are appointed.

Fire-technical expertise is appointed immediately after the fire is extinguished, which allows the expert to personally get acquainted with the scene. It helps answer a number of questions. Typical questions are: where was the source of the fire; what was the direct cause of the fire; whether these malfunctions of equipment, devices, violations of the technical conditions for their operation can cause a fire; what is the temperature of spontaneous combustion and self-ignition of certain substances; whether spontaneous combustion of these substances, materials could occur under certain conditions; what were the ways of the spread of fire and the conditions that contributed to its development; what products and in what quantity were formed in the combustion process; what time is needed for the complete combustion of a given amount of substances, materials, etc.

A forensic medical examination of a corpse can provide answers to questions about the cause of death, the nature of the injuries, the mechanism and duration of their formation, whether a living person or a corpse was exposed to fire, etc.

At the next stage, traceological, forensic chemical, forensic electrotechnical, forensic technological, forensic explosives, forensic merchandising and some other examinations are carried out in cases of this category.

Trasological examinations are appointed to identify a person, vehicles on the traces found at the scene and on items seized from the accused (suspect), as well as to establish the whole in parts of the items found at the site of the conflagration and seized from the accused (suspect).

Forensic examination of substances, materials and products answers the following questions: what are the substances found at the scene or seized from the accused, what are their physical and chemical properties; whether the combustion products contain impurities of flammable liquids and combustible liquids, which ones; whether spontaneous combustion or self-ignition of substances removed from the fire site could occur under specific conditions (or under what conditions); what substance was in the container found at the scene, whether it is homogeneous with the substance seized from the accused (suspect), etc.

A forensic electrotechnical examination is carried out in order to establish the compliance of the installation of electrical networks, appliances, electrical equipment with the rules for the installation of electrical installations, the nature of violations committed during the operation of electrical facilities; identifying and determining the causes of overloads of electrical networks, short circuits of electrical wires and cables, etc.

Forensic technological expertise resolves issues of violations of design assignments, standards, technological conditions, instructions, other regulations, admitted during the installation and connection of installations, production lines, communications, etc.; malfunctions of mechanisms, various technical devices, non-compliance with the technological process of production as the causes of fires.

With the help of a forensic explosives examination, the ownership of parts, parts of explosive devices, pyrotechnic products, ammunition found at the site of the fire, their tactical and technical data and design features and a causal relationship with fire phenomena are established; the sequence of explosion and fire is determined (what preceded what).

Other investigative actions carried out in cases of this category do not have special specifics.

5.34. Forensic characteristics of hooliganism

The main element of the forensic characteristics of hooliganism is the way the crime is committed. According to Art. 213 of the Criminal Code, hooliganism is a gross violation of public order, expressing clear disrespect for society, committed with the use of weapons or objects used as weapons.

The use of various tools and means in the commission of hooliganism is usually random, although sometimes hooligans prepare them in advance. Of cold weapons and items that replace them, the most typical use of knives, brass knuckles, bicycle chains, chains with weights (flails), various handicrafts in the form of telescopic batons, etc. broken-bottomed bottles ("roses"), sticks, belts with buckles, stones, etc. Anything that might be at the scene of the crime. In group hooliganism, the most active members of the group, the initiators of the crime, usually use the tools to commit the crime.

Hooliganism is committed in various places: in parks, restaurants, shops, apartments, streets, stadiums, etc. It must be borne in mind that hooliganism is usually committed in public, but for its qualification a sign of publicity, understood as the presence of other persons during hooligan actions, is not necessary.

Hooligan actions can be committed at any time of the day, but most often they are committed during leisure time (from 18 to 24 hours).

When committing hooliganism, material traces of the crime often remain. In addition, the ideal traces that remain in the minds of people are of great importance for the investigation. Material traces are mainly found during the inspection of the scene. The most typical of them are footprints, handprints, dents, holes and cuts from the action of edged weapons or objects replacing them, damaged or destroyed property, blood stains, and excretions of the human body.

Features of the method and environment of committing hooliganism are closely related to the personality of the offender. It manifests itself most clearly in group hooliganism. A typical group of hooligans most often consists of two or three offenders who have united by chance (situational). It, as a rule, includes males aged 16 to 27 from among workers, students or unemployed, with secondary or incomplete secondary education, most of them unmarried. The group has a leader, usually previously judged. At the time of the commission of hooliganism, all its participants are most often in a state of intoxication. The group is formed on the basis of joint pastime or residence of its members in one microdistrict (village, village).

5.35. Typical situations and the program of actions of the investigator at the initial stage of the investigation of hooliganism

At the initial stage of the investigation of hooliganism, the following typical situations usually arise:

1) the hooligan is caught at the scene of the crime, the victim is known, there are eyewitnesses and obvious traces of the crime;

2) the hooligan fled the scene, but signs of his appearance and other signs are known;

3) hooligan actions are committed, but the hooligan is unknown.

In the first situation, the investigator (body of inquiry) must first take measures to suppress hooligan actions. Having made a decision to initiate a criminal case, it is necessary to carry out: the detention of the suspect and his personal search; inspection of the scene; interrogation of a suspect; interrogation of the victim; inspection of clothing and examination of the victim and the suspect; interrogation of witnesses; search at the place of residence of the suspect, and, if necessary, at the place of work; appointment of forensic ballistic examination and forensic examination of edged weapons. Depending on the results obtained, the list of investigative actions can be supplemented, for example, by presenting (people or objects) for identification, verifying testimony on the spot, and appointing other examinations.

In the second situation, at the initial stage of the investigation of hooliganism, the following investigative actions are usually carried out: interrogation of the victim; examination of his clothes and examination; inspection of the scene, interrogation of witnesses. The main goal of the investigator is to collect information aimed at establishing the identity of the hooligan and clarifying the circumstances related to the commission of the crime.

The third situation of the initial stage of the investigation of hooliganism differs from the previous one in the lack of information about both the circumstances of the crime and the identity of the offender. If information about hooliganism was received immediately after it was committed, then it is necessary to examine the scene, interview the victim, eyewitnesses, and if signs of a crime are found, initiate a criminal case. Usually, in such cases, the following are first carried out: interrogations of the applicant and the victim, examination of the clothes and examination of the victim, interrogations of witnesses, appointment of forensic examinations.

If a significant amount of time has passed since the moment of the crime, it is necessary first of all to check the materials received, including an inspection of the scene of the incident, since cases of false allegations of hooliganism or the absence of signs of a criminally punishable act in the event are not uncommon. The audit must be carried out within a fairly short period of time.

If the signs of a crime are obvious, patrol units, as well as local inspectors serving the area, are used to detect hooliganism. Together with them, criminal investigation officers who arrived at the scene take the necessary measures to identify and detain the hooligans, block the area of ​​the incident, and organize its examination. If the signs of a hooligan’s appearance are known, a “hot pursuit” of him is organized, a search is organized in places of possible stay (nearby crowded places, public transport stops). Subsequently, it is necessary to take measures to compile subjective portraits and investigative guidelines of the suspect.

If the criminal is unknown, a set of operational investigative measures is carried out, including: interviewing victims and witnesses; examination of the area adjacent to the scene of the incident in order to detect objects that may have been thrown or dropped by the criminal; door-to-door and block-by-block visits; studying the route of movement of the criminal or victim to identify witnesses. Refused materials on facts of hooliganism, suspended and terminated criminal cases are subject to study to identify participants in hooliganism with similar appearance features.

5.36. Forensic characteristics of traffic accidents

Road traffic accidents are divided into types:

▪ vehicle collision;

▪ collision of a vehicle with a pedestrian;

▪ hitting an obstacle;

▪ vehicle rollover;

▪ passengers falling out of the vehicle;

▪ other incidents.

An analysis of accidents allows us to conclude that the largest number of them is the result of a disdainful attitude of drivers, pedestrians and passengers to the rules of the road, in particular: speeding in settlements, at crossing points, crowds of people, near the location of educational institutions, etc. ; reassessment of their capabilities, ignoring specific road conditions (typical for inexperienced drivers); driving a vehicle under the influence of alcohol or drugs; non-compliance with the distance; violation of the rules for crossing intersections, crossings; failure to comply with the requirements of road signs; violation of the rules for crossing the carriageway; unexpected exit to the roadway due to standing vehicles; violation by passengers of the rules of boarding and disembarking; jumping out of a moving vehicle, etc.

The forensic characterization of an accident is notable for its significant originality. Since crimes of this category are committed unintentionally, their typical forensic characteristics lack such elements as the direct subject of the criminal offense and the methods of committing the crime. At the same time, the role of such elements as the mechanism of trace formation and the circumstances of the crime is increasing.

Accidents are characterized by both ideal and material traces. Ideal traces are identified primarily by interrogating all participants in the accident: drivers, pedestrians, passengers, eyewitnesses of the accident, other witnesses, as well as persons responsible for the production and operation of vehicles, heads of transport organizations related to a particular accident.

The material traces of an accident are divided into traces-displays, traces-objects and traces-substances. These traces can be found on the roadway, vehicle and obstacle (another vehicle, structure, person).

Each type of accident has its own material traces. So, when hitting a pedestrian on the roadway, the following can be found: a corpse, traces of blood, parts of clothing, items that previously belonged to the victim; traces of tires of the vehicle, including from braking; parts of parts and parts of the vehicle (glass fragments, etc.); various substances (chips of paint, soil, drops of fuel and lubricants). On the vehicle, as a rule, remain: damage to the body (in the place of collision) in the form of dents, broken headlights, glass; sometimes - the absence of individual body parts (for example, fender liner); the presence of traces of layering (from the clothes of the victim, hair, blood, brain matter, pieces of skin tissue) both directly on the body at the collision site, and on the chassis and bottom of the vehicle. The corpse and its clothes may have damage from parts of the transport with which there was direct contact (traces of tires, as well as layers of soil, fuel and lubricants, chipped paint, glass fragments, etc.).

Considering the circumstances of the accident, it should be noted that the largest number of accidents on the roads occurs in the summer (May - September), i.e. during holidays, trips to the country. The peak of the accident falls on Friday and Sunday, in the evening. In addition, the number of accidents increases on days when climatic conditions impede traffic, reduce visibility (heavy rain, snowfall, fog, ice, etc.).

The subjects of an accident are: drivers, pedestrians (cyclists), passengers, persons responsible for the technical condition of vehicles, as well as officials responsible for the condition of means of communication (roads), signaling or communications, etc.

The bulk of road accidents occur due to the fault of drivers (about 60%), of which one third is committed while intoxicated. The age of the perpetrators is up to 25 or after 65 years, when practical driving skills are either insufficient or have already been lost to some extent.

5.37. Typical situations and the program of actions of the investigator at the initial stage of the investigation of an accident

In cases of road accidents at the initial stage of the investigation, three typical situations are distinguished:

1) the driver and the vehicle are at the scene of the accident;

2) the driver, together with the vehicle, fled the scene;

3) the vehicle is at the scene and the driver has fled.

The most common is the first situation, when both the driver and the vehicle are at the scene of an accident. It should be noted that in this situation it does not matter whether the driver is directly at the scene of the incident or sent to a medical institution or to the police department: the main thing is that his identity has been established and his location is reliably known. The main task in this situation is to establish all the circumstances of the accident and the guilt of specific participants.

The most typical for this situation are the following investigative actions: inspection of the scene (including inspection of the vehicle and, if there are victims, the corpse); interrogation of witnesses of the accident; examination of the driver and the victim in order to establish alcohol and drug intoxication; interrogation of the driver; interrogation of the victim; appointment of forensic examinations.

The second situation is when neither the driver nor the vehicle is at the scene of the incident (there is only information about the event itself and its consequences). The main task in this case is the establishment and detection of both the vehicle and its driver. To do this, the following are carried out: inspection of the scene; interrogation of witnesses, the victim; medical examination of the victim for the establishment of alcohol or drug intoxication; appointment of forensic examinations, as well as instructions to the bodies of inquiry for the production of the relevant ORM.

For the third situation, when the vehicle is at the scene of the incident, and the driver has fled, the same investigative actions are typical (during the inspection of the scene, the vehicle is also inspected). Since drivers who have committed an accident often make false statements about the theft of a vehicle, thus creating a false alibi for themselves at this time, the main task of the investigation in this situation is to expose the perpetrator through both investigative actions and ORM, which are entrusted to the bodies of inquiry.

5.38. Examinations on cases of traffic accidents

Of the number of forensic examinations appointed during the investigation of an accident, the most characteristic are: forensic autotechnical (road transport), forensic medical examination of material evidence (biological), traceological, forensic examination of substances, materials and products. Comprehensive examinations (medical-autotechnical, medico-criminalistic, trasologo-autotechnical) and others may also be assigned, depending on the specific circumstances.

During the forensic autotechnical (road transport) examination, the following circumstances are clarified: what damage is there on the vehicle; when and as a result of which they were formed - before the accident, after or at the time of the accident; at what speed the vehicle was moving before the collision (collision); How fast was the pedestrian moving? at what distance was the vehicle in relation to the pedestrian (another vehicle, obstacle) at various stages of the event (when the pedestrian was on the side of the road, the carriageway, within the visibility zone, etc.); what is the braking and stopping distance of the vehicle; whether it was technically possible to prevent the incident; what is the immediate technical cause of the incident; what circumstances contributed to the accident.

The following questions are most often submitted for resolution by a forensic medical examination: what injuries are on the body of the victim; what are their nature, location, mechanism of formation, sequence of application; what injuries were the direct cause of the death of the victim; when the damage was done; when death came; whether the damage was the result of an accident, and if so, what is the mechanism of their origin (impact, moving, squeezing, etc.); What position was the victim in at the time of the injury? what parts of the vehicle could be damaged; How fast was the vehicle moving? did the victim take alcohol, drugs shortly before death; if so, in what quantity; whether the victim had physical disabilities (defects of vision, hearing); what is his blood type.

When various substances of biological origin (blood, hair) are found on a vehicle, road surface, it becomes necessary to conduct a forensic medical examination of physical evidence (biological), during which the following questions are resolved: is the substance found at the scene of the incident a substance of the human body; if so, which ones; to which group and type it belongs; what is the regional nature of the substance (from which part of the body it comes); what is the age of origin of this trace; whether this substance may belong to the victim, etc.

The objects of study of the trace examination in cases of accidents are the traces of the vehicle left on the road surface and obstacles, as well as objects and their parts that have separated from the vehicle, and traces of the obstacle on the vehicle itself. So, when traces of vehicle tires are found on the road surface, the most common questions are the following: what model of tires left traces at the scene of the accident; on which vehicles tires of this model are installed; what type of vehicle (model) left traces; whether tire marks are left by a particular vehicle; if so, which wheel(s).

When fragments of glass, body parts, clothing are found, a trace examination is carried out to establish the whole in parts.

When the driver leaves the scene of the accident, if the vehicle is at the scene of an accident, it becomes necessary to conduct a fingerprint examination in order to examine the traces of fingers left on various mechanisms, objects of the vehicle (steering wheel, gearshift lever, door handle, window lifter, etc.). P.). In this case, the main question is this: are there traces of fingers left by a specific person.

To establish the homogeneity of a substance found at the scene, the vehicle, the victim, a forensic examination of substances, materials and products (fuel and lubricants, paint and varnish coatings, liquid and bulk cargo) is carried out.

5.39. Features of interrogation of minors

In accordance with the law, the interrogation of a witness or victim at the age of 14, and if necessary - even older than this age - must be carried out in the presence of a teacher. Participants in the interrogation, at the discretion of the investigator, may be the legal representatives of the minor or his close relatives. A defense lawyer has the right to participate in the interrogation of a minor.

It is recommended to instruct the summoned about the rules of conduct before the interrogation. During interrogation, he should not argue, raise questions without the permission of the investigator, and evaluate the evidence. The tone of communication should be even, friendly, but at the same time, the interrogated person must understand that he is participating in the interrogation, and not in the conversation.

Given the increased suggestibility of minors, clarifying and supplementing questions should be posed with extreme caution. Since adolescents during interrogations are often prone to fantasizing, it is advisable to ask control questions. All information provided by minors is subject to scrutiny.

When interrogating a minor victim, the main attention is paid to clarifying the picture of the event, time, place, situation, other circumstances of its commission, obtaining the most complete information about the identity of the criminals, clothing, expressions they used, nicknames.

Sometimes victims, out of a misunderstood sense of camaraderie or because of their own unsavory role in the event, seek to hide the circumstances that are essential to the case. The testimonies of such victims are subject to critical evaluation and re-examination.

Minor witnesses may not be completely frank, since by giving truthful testimony, they thereby incriminate their peers.

When interrogating a minor suspect (accused), the investigator is obliged to clearly state the essence of the existing suspicions or the content of the charges brought. At the same time, it is necessary to popularly explain the special legal terms that qualify his actions as a crime, establish proper psychological contact with him, pay attention to the restoration of the external sequence of events, find out the motives for the crime and other elements of the subjective side of the committed criminal acts - in a word, strive to obtain truthful testimony from him, relating to the entire subject of the interrogation.

Given the fatigue of adolescents, during the interrogation, if necessary, you should take a break, noting this in the protocol.

It is advisable to record the testimony of interrogated minors after the end of the interrogation. Of great importance is an additional means of fixing the testimony of minors - recording on magnetic tape.

5.40. Features of the investigation of crimes committed by members of organized criminal structures

To investigate such crimes, it is necessary to carry out a number of organizational measures.

1. An investigative-operational group (SOG) is being created.

2. A tactical operation plan is being developed to solve the crime and expose the criminals. As part of a tactical operation, as a rule, it is planned:

▪ detention of members of a criminal community at the time of transfer of drugs, weapons, demands for money, etc.;

▪ immediate (simultaneous) searches in apartments, dachas, garages, where there may be items prohibited for circulation, money and valuables obtained by criminal means, etc.;

▪ simultaneous personal search and examination of members of a criminal group;

▪ immediate interrogation of detainees;

▪ seizure of documents from organizations associated with the activities of a criminal community;

▪ seizure of property and accounts.

3. Preparations are underway for a tactical operation.

4. In cases where the victim or witness takes an active part in the process of detaining participants in criminal structures (extortion, transfer of a bribe), the investigator should pay special attention to instructing them: how to behave at the stage prior to detention, what to say in order to maximize the detection of criminal intent how to ensure security, how to use special means of fixing conversations, how to behave immediately before transferring money or items prohibited for circulation, etc.

Ensuring the correct organization of the activities of the SOG includes:

▪ appointment of a group leader;

▪ ensuring sufficient strength of the investigative and operational group, as well as the stability of its core composition;

▪ advance selection of witnesses for searches, etc.

Coordination of the activities of all operational services involved in the implementation process should be ensured.

7. The correct choice of the moment of the beginning of the operation (first of all, it is determined by the alleged transfer of money, drugs, weapons, etc.).

8. Maximum use of the factor of surprise.

Notes

  1. Belkin RS Criminalistics: problems, trends, prospects. General and private theories. M., 1987. S. 59; Belkin R.S. Course of criminalistics. T. 5. General theory of criminalistics. M., 1997. S. 112.
  2. The authors, adhering to the four-part structure, also include in forensic tactics issues related to forensic versions, investigation planning, and some others. However, it is more appropriate to single out these issues in an independent section, which will be discussed in more detail below.
  3. Belkin R. S. Course of criminalistics: In 3 volumes. T. 1. General theory of criminalistics. M., 1977. S. 330-378.
  4. Kolmakov V.P. Identification actions of the investigator. M., 1977. S. 73.
  5. The classification was proposed by A. N. Vasilevsky in the educational and methodological manual "Forensic-trasological examination". Issue. 4. M., 1973.
  6. Belkin R.S. Course of criminalistics. T. 1. M., 1997. S. 309.
  7. Belkin R.S. Theory and practice of an investigative experiment. M., 1959. S. 43-53.
  8. Belkin R. S. Theory and practice of investigative experiment. M., 1959.P.81.
  9. Belkin RS Criminalistics: problems, trends, prospects. From theory to practice. M., 1988. S. 91-92, 94.
  10. Rossinskaya E. R. Judicial examination in criminal, civil and arbitration proceedings. M., 1996; Appointment and production of forensic examinations: A manual for investigators, judges and experts. M., 1988. S. 265.

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

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