Forensics. Tactical techniques for conducting an examination (the most important)

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Forensics. Tactical techniques for conducting an examination (the most important)

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62. SURVEY TACTICS

Survey is a specific type of examination, which is an examination of a person’s body in order to establish traces of a crime or special signs, when a forensic medical examination is not required for this; if it is necessary to resolve the issue of the existence of grounds for ordering a forensic medical examination; in order to identify a person’s alcohol, drug, toxic intoxication or other physiological conditions.

Certification has two main differences from other types of investigative examination:

1) the object of inspection is usually the body of a living person, therefore, in order to conduct it, the law requires a decision to be issued, which indicates the basis, purpose of the inspection, as well as the person in respect of whom it was issued. The results of an examination carried out without an investigator's decision to that effect have no legal force;

2) if the examination is carried out in relation to a person of a different sex and is accompanied by nudity of this person, the investigator is not present, it is carried out by a doctor, from whose words the investigator then draws up a protocol. Persons of the same gender as the person being examined are invited as witnesses. The investigator indicates in the protocol that it was drawn up from the words of the doctor who conducted the examination, and the witnesses confirm the authenticity of the protocol. In this case, the most important feature of an investigative examination is missing - the examination of the object personally by the investigator.

It is also characteristic of the examination that its implementation does not require activity on the part of the person being examined, and therefore its conduct is also possible in relation to a mentally ill person and should not depend on his mental state. For example, in cases of hooliganism, robbery, rape, it is almost always necessary to examine persons. The law does not prohibit the examination with the participation of a mentally ill person.

An investigative examination should not be confused with a forensic examination. The first is a type of investigative examination and does not require special knowledge; the second is a type of forensic medical examination, during which special issues in the field of forensic medicine are resolved.

Through an investigative examination, the following questions can be clarified (the list is approximate and can be expanded according to the circumstances of the case):

1) whether there are special signs on the human body, which ones and where;

2) whether there are injuries on the human body and where;

3) whether there are particles of certain substances on the person’s body or his clothes that he could carry away or bring to the scene;

4) whether there are signs of the professional affiliation of this person on the body or on the clothes of the person.

During the examination, actions that degrade the dignity of the person being examined or dangerous to his life are not allowed. The course and results of the examination are recorded in the protocol.

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

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