Forensics. Concept and tactics for checking readings on site (most important)

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Forensics. Concept and tactics for checking readings on site (most important)

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58. CONCEPT AND TACTICAL TECHNIQUES OF VERIFICATION OF INDICATIONS ON THE SITE

On-site verification - an independent investigative action, with the help of which the factual data contained in the testimony of suspects, accused, witnesses and victims are examined.

Essence verification of testimony on the spot is that the previously interrogated person:

1) reproduces on the spot the situation and circumstances of the event under study;

2) indicates objects, documents, traces that are important for the criminal case;

3) demonstrates certain actions.

Conditions for an on-site verification:

1) existence of an initiated criminal case;

2) the voluntariness of participation in it of the persons whose testimony is being verified.

Testing steps:

1) preparation for holding;

2) verification of testimony on the spot;

3) fixing the course and the results of its implementation.

Prepare to conduct:

1) determination of the goals and objectives of the investigative action;

2) preliminary interrogation of a person whose testimony is subject to verification;

3) determining the time for the performance of an investigative action;

4) familiarization of the investigator at the place where the investigative action was carried out with its situation;

5) preparation of scientific and technical means;

6) obtaining advice from specialists;

7) determination of the participants in the verification of testimony on the spot, taking into account the gravity of the crime committed, the identity of the participant in the investigative action, whose testimony is being verified;

8) warning the participants in the verification of testimony on the spot that questions to the person being checked are asked only with the permission of the investigator, while it is unacceptable to ask leading questions;

9) drawing up a plan for verifying testimony on the spot. The investigator, in the presence of attesting witnesses, proposes to indicate to the inspected the place of the investigative action.

Verification of testimony on the spot is possible without the participation of attesting witnesses in such cases:

1) if this investigative action is carried out in a hard-to-reach area;

2) in the absence of proper means of communication;

3) if the production is associated with increased danger to human life and health. Simultaneous verification of the testimony of several persons is not allowed. The person whose testimony is being verified must necessarily go ahead of the investigator. After the participant in the verification of evidence on the spot talks about his actions and demonstrates them, he can be asked questions. All contradictions that arise in the course of an investigative action are immediately eliminated by the investigator by posing appropriate questions. If the verification of testimony on the spot is carried out with the participation of a minor, the participation of his parents is desirable, who, when moving to the place of the investigative action, hold the child by the hand.

Fixing the verification of indications on the spot is carried out by:

1) drawing up a protocol, which reflects:

a) the path of the group;

b) actions and explanations of the person whose testimony is being verified;

c) traces, material evidence found at the place of inspection;

2) the use of photography, video recording;

3) drawing up a plan or scheme.

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

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