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Криминалистика. Криминалистическое применение киносъемки, видео- и звукозаписи и их процессуальное оформление (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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10. КРИМИНАЛИСТИЧЕСКОЕ ПРИМЕНЕНИЕ КИНОСЪЕМКИ, ВИДЕО- И ЗВУКОЗАПИСИ И ИХ ПРОЦЕССУАЛЬНОЕ ОФОРМЛЕНИЕ

Video and sound recordings are widely used in the daily practice of law enforcement agencies. Their application is based on technical means and methods.

Videotapeapplied during an investigative action, not only records the data obtained, but also serves as evidentiary information.

Video recording is used to achieve the greatest illustrative effect of the dynamics of an investigative action (for example, an investigative experiment), as well as in the production of forensic examinations, during which it acts not only as an illustration of the properties and features of the object under study, but also as a tool for analyzing these features.

An indispensable requirement for video recording is the prevention of techniques that distort reality.

Video recording plays a big role in the following cases:

1) investigative experiment;

2) verification of testimony on the spot;

3) interrogation;

4) presentation for identification;

5) exhumations;

6) if it is assumed that the person with whose participation the experiment is to be carried out may subsequently refuse to perform it or deliberately distort its results, and in other cases. The essence of sound recording consists in fixing the wave that occurs as a result of vibrations of the sound environment by technical means (tape recorder) onto a material carrier (magnetic tape).

Sound recording in forensic practice it is used in the operational-investigative and procedural activities of law enforcement agencies.

As an operational-investigative measure, sound recording can be used as a means of fixing actions of an illegal nature (extortion of a bribe, threats of murder, etc.) in accordance with the legislation on operational-investigative activities.

The use of sound recording in procedural activities is possible only in compliance with the norms of the criminal procedure law. In this area, it is used as an auxiliary technical tool in the course of investigative actions and as a means of fixing investigative actions, when it is necessary to fix phenomena, the verbal description of which is difficult or even impossible.

The use of sound recording contributes to a comprehensive assessment of the information received, however, it cannot replace recording as a procedural form of fixing the results of an investigative action.

The use of forensic video and sound recording in the course of an investigation acquires probative value only if it is properly executed, regulated by the procedural law.

Before applying the record, the investigator must:

1) draw up a plan for conducting an investigative action and a plan for a future film;

2) invite a specialist who has the equipment, or provide him with the equipment of the investigative unit, set him a general task and specific goals, familiarize him with the case materials necessary for filming;

3) prepare technical and auxiliary means, transport necessary for conducting investigative actions and filming.

Authors: Aleinikov A.G., Salova E.E.

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