Forensics. Features of the investigation of unsolved crimes of past years (the most important)

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Forensics. Features of the investigation of unsolved crimes of past years (the most important)

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90. PECULIARITIES OF THE INVESTIGATION OF UNSOLVED CRIMES OF PAST YEARS

After the expiration of the investigation of the crime and the impossibility of finding the perpetrator of the crime, the case is sent to the archive. But in some cases, his investigation can be reopened. The investigation of the criminal case is resumed when newly discovered circumstances appear.

The newly discovered facts are:

1) the deliberate falsity of the testimony of the victim or witness, expert opinion, as well as the forgery of material evidence, protocols of investigative and judicial actions and other documents, or the deliberate incorrectness of translation, which have entailed the adoption of an illegal, unreasonable or unfair sentence, the issuance of unlawful or unreasonable determination or ruling;

2) the criminal actions of the interrogating officer, investigator or prosecutor established by a court verdict that has entered into legal force, which entailed the issuance of an illegal, unreasonable or unfair verdict, the issuance of an unlawful or unreasonable ruling or decision;

3) the criminal actions of the judge, established by a court verdict that has entered into legal force, committed by him during the consideration of this criminal case. In this case, the grounds for reopening the investigation of a criminal case are such illegal evidence, sentences, etc., which led to the fact that the crime was not solved.

Also, the investigation is resumed when a suspect appears, who was not found earlier during the investigation of the criminal case. For example, during the investigation, only the fingerprints of the perpetrator were found as evidence at the crime scene, but he was never found, and his identity was not established. During the investigation of a new criminal case, a suspect was found whose fingerprints are in the old criminal case. In this case, the investigation is resumed.

Employees of the investigating authorities are periodically required to check old criminal cases on unsolved crimes. During the verification, repeated interrogations of persons who took place during the investigation of this criminal case, - witnesses, victims, are carried out. A positive test result is possible upon re-examination of the scene, although the possibility of such a result is very small due to changes in the situation over time.

New evidence can be obtained during the examination of physical evidence using new scientific and technical methods. Material evidence is stored during a criminal case, and in case of bulkiness or other reasons, it is transferred to storage, about which a protocol is drawn up. If the evidence does not require special storage conditions, then they are stored in special rooms at the investigating authorities. If physical evidence is presented by documents, then they can be stored in a folder with a criminal case in envelopes. When checking an unsolved criminal case, it may be necessary to re-examine the evidence, while it is removed from the storage place against the receipt of the investigator.

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

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