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Криминалистика. Понятие, виды и задачи следственного эксперимента (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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56. CONCEPT, TYPES AND TASKS OF THE INVESTIGATIVE EXPERIMENT

Investigative experiment - investigative action, consisting in the reproduction of actions, as well as the situation and other circumstances of a certain event.

Goal investigative experiment - verification and clarification of data relevant to a criminal case.

Tasks of the investigative experiment:

1) obtaining new and checking existing evidence;

2) assessment of investigative versions about the possibility or impossibility of the existence of certain facts relevant to the case;

3) obtaining truthful testimony from the suspect, the accused, the victim and the witness;

4) restoration in the memory of the participants in the crime of certain circumstances that they had forgotten or about which they were honestly mistaken;

5) establishing the causes and conditions conducive to the commission of a crime.

Methods used during the investigative experiment:

1) modeling;

2) experienced actions;

3) observation;

4) comparison.

Types of investigative experiment:

1) checking the possibility of perceiving any facts;

2 verification of certain actions;

3 checking the occurrence of an event;

4 identification of the sequence of the event and the mechanism for the formation of traces;

5) determination of the presence or absence of professional or criminal skills.

Actions of the investigator before the start of the investigative experiment:

1) making a decision to conduct an investigative experiment;

2) careful study of the case materials;

3) performance of other investigative actions;

4) drawing up a plan for an investigative experiment;

5) choice of place and time for conducting an investigative experiment;

6) preparation of objects necessary for conducting an investigative experiment;

7) preparation and verification of scientific and technical means for fixing the course and results of an investigative experiment;

8) familiarization with special literature;

9) conversations with specialists;

10) determination of the circle of participants in the investigative experiment.

Actions at the beginning of the investigative experiment:

1) establishment at the place of conducting the investigative experiment of changes that have occurred since the moment of the verified event;

2) reproduction of those conditions without which it is impossible to achieve a reliable result;

3) checking the availability of objects necessary for conducting an investigative experiment;

4) explanation of the goals and objectives of the upcoming experiment to its participants, their rights and obligations, and briefing.

General tactics:

1) the conditions for the production of an investigative experiment must be the same in which the event under test occurred, and if it is impossible or difficult to completely reproduce the conditions, then the conditions must be as close as possible to the original ones;

2) the use of authentic or maximally similar objects during the investigative experiment;

3) experiments must be repeated at least three times;

4) changing the conditions of experimental actions;

5) division of the production of an investigative experiment into stages;

6) simulation of the environment for the production of experiments.

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

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