Criminalistics. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets
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Criminalistics. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. CONCEPT, SUBJECT AND TASKS OF CRIMINALISTICS

Forensic science - the science of technical means, tactics and methods used to perform the actions provided for by the criminal procedure law for the detection, collection, fixation, research, evaluation and use of evidence in order to detect and prevent crimes.

Forensic science is the science of detecting, investigating and preventing crimes.

Subject criminology - patterns that characterize the process of solving crimes.

These patterns are different in their level. Some are of a more general nature and are expressed, for example, in the general provisions (principles) of the investigation methodology. Others have a narrower meaning and represent numerous features of the use of individual technical and forensic tools and tactics in the production of investigative actions.

objects forensic studies:

1) criminal activity and everything related to the preparation, implementation and concealment of a crime;

2) criminalistic activity:

a) activities for the investigation of crimes (the work of investigators, prosecutors, interrogators);

b) the activities of experts in the production of expert studies;

c) operational-search activity;

d) scientific and pedagogical activity. Criminalistics studies and summarizes:

1) forensic practice (committed crimes). Forensic analysis of crimes involves the identification of those trends (patterns), everything in common, typical that is characteristic of the preparation, commission of various types (groups) of crimes, and the creation of appropriate types of forensic characteristics;

2) investigative practice. When studying and scientifically summarizing the practice of solving crimes, everything that is common and typical is revealed that characterizes the work of an investigator in organizing and planning an investigation, putting forward investigative leads in relation to typical criminal and investigative situations;

3) the practice of using forensic technology in various forms;

4) modern achievements of natural, technical and social sciences, which are one of the sources for the development of forensic technology and investigative tactics;

5) practice of application of natural, technical and social sciences.

Tasks criminalistics are divided into two groups:

1) main - this is the development of new techniques, methods, the introduction into the practice of the investigation and the court of the most advanced and effective methods of working with evidence;

2) auxiliary - summarizing the advanced positive and negative experience of the work of investigators and the formation of conclusions about the causes of errors in the production of various investigative actions.

Legal basis of forensic science - the provisions enshrined in the Code of Criminal Procedure of the Russian Federation, in the Law on Investigative Activities and in the Code of Civil Procedure of the Russian Federation, by-laws, orders of the Prosecutor General, orders of the Ministry of Internal Affairs of Russia, instructions, prescriptions and scientific and practical recommendations.

2. FORENSIC SYSTEM

The internal structure (system) of forensics includes four sections (subsystems):

1) methodological foundations of forensic science;

2) forensic technology;

3) investigative tactics;

4) methodology for investigating certain types (groups) of crimes.

Methodological foundations of criminology reflect the system of theoretical concepts, categories, methods, concepts, terms of forensic science. Their content includes:

1) the scientific concept of its subject and internal structure;

2) the place of forensic science in the system of scientific knowledge and its relationship with other related sciences;

3) the historical aspect of its development;

4) forensic characteristics of crimes;

5) theory of forensic identification;

6) the doctrine of forensic versions.

The term "forensic technology" has two meanings:

1) is a collective concept and means a set of natural scientific methods and technical means used to solve crimes;

2) a section (subsystem) of criminalistics containing scientific provisions and recommendations on the use of natural-scientific methods and technical means in solving crimes. It includes:

a) the basics of forensic technology;

b) forensic photograph;

c) traceology;

d) judicial ballistics;

e) the study of non-traditional forensic objects (materials, substances and products, explosion products), etc.

The main tasks of forensic technology:

1) study and scientific generalization of the practice of applying the data of natural and technical sciences in order to solve crimes, in the study of new opportunities (discoveries);

2) creation on this scientific and empirical basis of new forensic methods and tools, as well as practical recommendations on the use of scientific and technological progress to identify, fix and study the material traces of crimes.

Forensic tactics contains in its section recommendations for investigating authorities on organizing and planning an investigation, preventing certain types of crimes, determining the line of conduct of persons participating in the course of an investigation or individual investigative actions. Its content includes the doctrine of the forensic characteristics of crimes, the features of the preparation and conduct of individual investigative actions.

Section - methodology for investigating certain types of crimes - includes a methodology for investigating crimes, responsibility for which is provided for by criminal law.

The classification of private methods is based on the classification of crimes adopted in criminal law and includes the methodology for investigating certain types of state crimes, crimes against property, life and health of citizens, and malfeasance.

The structure of private methods The investigation should be unified and include such elements as the forensic characterization of this type of crime, the development and development of investigative leads in typical investigative situations, the organization and planning of the investigation, the interaction of the investigator, operational-search and other bodies.

3. CONCEPT AND SYSTEM OF FORENSIC TECHNOLOGY

Forensic technology - a set of devices, instruments, tools, devices, materials used for forensic purposes.

Forensic technology as a section - a system of scientific provisions, as well as recommendations for the use of technical and forensic tools and relevant methods, methods, techniques, techniques in the investigation and prevention of crimes.

Technical means make it possible to detect material traces of crimes that are not detected by the senses at all or are perceived indistinctly.

Purpose of technical means in criminal proceedings - a sufficiently complete and accurate recording of evidence, the course and results of procedural actions, the study of material objects in order to establish factual data relevant to the preliminary investigation of crimes and the judicial consideration of criminal cases.

The section of forensic technology has two parts:

1) complexes of technical means used in investigative and operational work, physical and chemical research methods, issues of sound recording, video recording, forensic photography and filming;

2) recommendations regarding the work with physical evidence, as well as issues of organizing forensic records.

The second part is divided into:

a) traceology, which studies the technique of working with traces;

b) forensic ballistics.

The technical means of forensic science are divided into groups according to their origin:

1) developed in the general technique and adapted to special forensic tasks;

2) created exclusively for solving forensic tasks.

By purpose technical means are divided into:

1) designed to detect, seize and fix evidence;

2) means of examination of physical evidence used in the production of forensic examinations.

In criminal proceedings, it is permissible to use only such technical means that are scientifically sound.

Means and methods:

1) applied in legal and non-legal forms;

2) depend on the status of participants in the detection and investigation of crimes who use them in their work.

The forensic technology system includes the following main sections:

1) general provisions of forensic technology - the system and tasks of forensic technology, elements of particular forensic theories and teachings;

2) forensic photography, sound and video recording - a set of scientific provisions and special means of photo, film, video recording developed on their basis used in collecting, researching and demonstrating evidence;

3) trasology (forensic investigation of traces);

4) forensic weapons science;

5) forensic documentation;

6) forensic habitoscopy;

7) forensic odorology;

8) forensic phonoscopy;

9) forensic investigation of materials, substances, products;

10) forensic registration.

4. CONCEPT AND SCIENTIFIC BASES OF FORENSIC IDENTIFICATION

Object identification means the establishment (revealing) of its identity with itself in different periods of time or in its different states using for these purposes the mappings left by it.

Forensic identification - this is the process of establishing the identity of an object through a comparative study of the group affiliation of specific objects in order to obtain evidence related to a specific crime committed.

Identity - this:

1) the equality of the object to itself, its difference from others, its uniqueness;

2) the process of selecting from a certain set of objects a single, one.

Essential Features forensic identification:

1) objects of forensic identification are individually defined and have a stable external structure;

2) forensic identification is carried out by displaying the stable properties of the identified objects;

3) forensic identification is implemented in the process of investigation, crime detection and judicial consideration of the case.

Scientific basis of identification - provisions of philosophy, which talk about the possibility of knowing the material world, the main postulates of the theory of reflection. All material objects are interconnected, interdependent and can influence each other and display the property of some objects on others in the form of signs or imprints.

Forms of forensic identification:

1) procedural implemented in the production of certain investigative and judicial actions during the implementation of the inquiry, preliminary investigation and trial (for example, presenting people, objects, documents for identification, conducting identification examinations);

2) non-procedural takes place in the course of the search activities of employees of the operational-search units (suspects, witnesses, victims, as well as other data relevant to the case are established).

Forensic identification is classified:

1) by the nature of the results obtained:

a) complete, when a single object is installed;

b) incomplete, when only the group affiliation of the subject is established;

2) according to the properties of the identified objects:

a) according to the external structure, when there is an individual set of features, which includes the size, shape, nature of the surface (for example, a person according to external signs, etc.);

b) according to the functional-motor complex, which is formed depending on the individuality of the interaction of the parts of the object (handwriting, gait, etc.);

c) according to the structure or composition of objects;

d) by the nature of the identified object;

e) according to materially fixed reflections of the whole in parts, according to a mental image, according to scent traces.

5. FORENSIC DIAGNOSIS

Forensic diagnostics - recognition, identification, determination of signs to establish the properties and state of objects, dynamics and circumstances of events, causes and relationships of phenomena and facts associated with a crime event.

The task of forensic diagnostics is the establishment (definition, disclosure) of objective truth by studying and explaining the properties and states of an object (phenomenon).

The methodological basis of the process of such knowledge is the theory of reflection.

Forensic diagnostics is based on the general laws of knowledge, introduces modern methods of mathematical and many other types of analysis. The results of diagnostics are a kind of obtained factual data necessary for the thought processes of proving.

Diagnostic research conducted in all areas of forensic technology.

objects forensic diagnostics - factual data relevant to the investigation (people, objects, substances, their properties, states, time, place).

The tasks of forensic diagnostics are classified into:

1) establishment of the spatial structure of the situation of the criminal event;

2) establishing the mechanism of individual stages of the event;

3) determination of the material structure of the environment of the scene;

4) establishment of temporal characteristics of a criminal event;

5) study of cause-and-effect relationships and forecasting their action;

6) determination of the properties of existing objects;

7) restoration of the mechanism of the criminal event as a whole.

Diagnostic studies are divided into:

1) identification of the properties and states of the object during its direct study (for example, whether the seal was broken after the initial sealing);

2) determination of the properties and state of the object by its display (for example, the state of the person who compiled a certain document);

3) analysis of the situation as a whole, when after studying the state of objects, their reflections, their relationship is established, the presence of a connection between individual phenomena and with the crime event.

The structure of the process of forensic diagnostics:

1) goal definition;

2) preliminary study of objects;

3) analysis of diagnostic features;

4) comparison by analogy;

5) evaluation and correction of the obtained results;

6) formulation of conclusions.

Diagnostics, like identification, is based on the study of the features of objects, but unlike identification, diagnostics focuses on the mechanism and conditions for the formation and display of traces.

A characteristic difference between diagnostics and identification is that during identification, the object being checked always exists materially, while during diagnostics this may not be the case.

Diagnosed object - this is an established condition (object, situation), and diagnostic objects are material carriers of signs that reflect properties (a system of properties, signs, etc.) and the impact on them of certain conditions of the event that occurred.

6. FORMS OF USE OF SPECIAL KNOWLEDGE IN CRIMINAL PROCEEDINGS

Special knowledge means knowledge possessed by a subject who has undergone special professional training and carries out practical activities in his specialty in a particular field of knowledge.

Forms of using special knowledge:

1) non-procedural, carried out in the form:

a) advice, which can be obtained both orally and in writing;

b) preliminary research as part of the verification of initial materials to resolve issues of initiating a criminal case;

c) involvement of specialists in the implementation of operational-search activities;

d) conducting audits, audits before initiating a criminal case. It is issued in the form of a specialist opinion.

These forms can be used by decision of the investigator, interrogating officer, prosecutor;

2) procedural:

a) the main one is the participation of a specialist in investigative actions;

b) appointment of an expert examination.

The most common forms of application of special knowledge in criminal proceedings are attracting a specialist and assigning an examination. A specialist and an expert, as participants in criminal proceedings, have a number of similar features, but they should not be identified, since there are significant differences between them.

Specialist is a figure procedurally dependent on the investigator, since by virtue of the direct indication of Art. 58 of the Code of Criminal Procedure of the Russian Federation, he is involved in conducting investigative actions in order to assist in the discovery, fixation and seizure of evidence.

Expert is an independent person, draws up a conclusion on his own behalf and bears personal responsibility for it. The expert bears criminal responsibility for knowingly false conclusion.

The main difference between a specialist and an expert is that an expert issues a conclusion that is recognized by law as evidence, and a specialist helps to detect, secure and seize objects and documents, assists in the use of technical means, assists the investigator, the interrogating officer and the court in formulating questions to the expert in the resolution and appointment of the expert examination, explains to the party and the court the issues within the scope of its competence.

A specialist can participate both in investigative actions (examination of the scene of the incident, interrogation), and in some procedural actions (inventory of property, seizure of property, etc.).

The involvement of a specialist is documented in the protocol, the rights and obligations are explained to the specialist, a subscription is taken not to disclose the data of the preliminary investigation. For the disclosure of such data, the specialist bears criminal liability in accordance with the Code of Criminal Procedure of the Russian Federation (Article 58).

It is necessary to involve a specialist taking into account the established practice.

The specialist does not have the right to indicate, he has the right to assist in finding any object or may recommend this or that technique.

The specialist participates in the investigative action; can formulate conclusions (these conclusions are not recorded in the minutes).

7. TECHNICAL AND FORENSIC MEANS AND METHODS FOR DETECTING, FIXING AND REMOVING TRACES

Purpose of technical means and methods in criminal proceedings - a sufficiently complete and accurate recording of evidence, the course and results of procedural actions, the study of material objects in order to establish factual data relevant to the preliminary investigation of crimes and the judicial consideration of criminal cases.

Types of technical means:

1) by origin:

a) developed in general technology and adapted to special forensic tasks (cameras, general-purpose video and sound recording equipment, metal detectors, a number of microscopes, spectrometers, chromatographs and other search and research equipment). They acquire a forensic character only in connection with the purposes and the legal basis for their application;

b) created exclusively for solving forensic problems (special photographic techniques or photo installations adapted for photographing material evidence, special methods for examining documents using ultraviolet and infrared rays, etc.);

2) according to the intended purpose:

a) intended for the detection, seizure and recording of evidence (these are technical means for investigators and forensic specialists, i.e. means for photography, filming, sound recording, working with traces of crimes, finding hidden forensic objects);

b) used mainly in the production of forensic examinations. These are, for example, means and methods of forensic photography, measuring equipment, etc.

In criminal proceedings, it is permissible to use only such technical means that are scientifically sound, i.e. e. provide reliable results, the use of which is not associated with a threat to the life and health of citizens.

The means and methods of forensic technology are used in legal and non-legal forms, depending on the status of the participants in the activities of detecting and investigating crimes.

Detection - this is the creation of conditions under which the trace can be perceived visually (directly or indirectly):

1) lighting means;

2) optical instruments.

Fixation - this is the reproduction of perceived traces after their discovery or with the help of words, photographs, drawings. The main method of fixation is the protocol. Various fixation forms:

1) verbal;

2) graphic;

3) subject;

4) visual-figurative;

5) preservation of the object or its parts unchanged.

Withdrawal is understood as the separation of a material object or part of it, together with trace information.

The seized objects are different:

1) solid;

2 loose;

3 liquid;

4 gaseous substances;

5 macro and micro objects.

The general rules for detecting, seizing and fixing traces are as follows: any discovery of traces must take place within the framework of investigative actions and in strict accordance with the Code of Criminal Procedure.

8. CONCEPT, SIGNIFICANCE AND SYSTEM OF JUDICIAL PHOTOGRAPHY, FILM, VIDEO RECORDING AND SOUND RECORDING

Photography is used in criminal proceedings for fixing and examining evidence.

Photographing method - a system of shooting rules applied, if necessary, using special photographic equipment to obtain images with specified characteristics (measuring, panoramic, etc.).

Forensic photography techniques are divided into:

1) imprinting:

a) panoramic;

b) measuring;

c) identification;

d) reproductive;

e) stereoscopic;

2) researching:

a) micrograph;

b shooting in the invisible rays of the spectrum;

c) contrasting shooting;

d) color differentiation, etc.

3) designed to display material objects and their features, perceived by the naked eye;

4) having for their purpose the identification of signs that are invisible or poorly distinguishable under normal conditions of observation.

Прием photography is a system of shooting rules that does not apply to all photography activities, but only to some of them:

1) orienting - used to capture any area or object simultaneously with the environment;

2) overview - used when fixing the general view of the scene without the environment;

3) nodal - carried out in order to fix the most important areas, objects, traces and other items of forensic significance;

4) detailed - serves to capture the external signs of material evidence and traces.

Court photo view - this is a system of methods, techniques, rules of photography in relation to various objects of photography.

Court photography system:

1) forensic operational (photographs used to document individual investigative actions (identification, search, search, etc.));

2) forensic research. It is used in the process of research and use for evidence (expert opinion plus photographs). Video recording and filming used in the process of preliminary investigation are primarily a reflection of the nature and sequence of any actions that are relevant to the case being investigated.

Videotape - recording image and sound on the same magnetic tape. The video has the following advantages:

1) the possibility of obtaining a benign image in limited light;

2) the ability to control the quality of the recording at the time of fixation;

3) no need for additional processing of the information carrier;

4) the ability to adjust the brightness, clarity and contrast of the image.

Video recording and filming are used for:

1) inspection of the scene;

2) investigative experiment;

3) verification of testimony on the spot;

4) interrogation;

5) presentation for identification;

6) exhumations.

Before filming begins, the objects of fixation are outlined, in difficult cases, the place of the upcoming investigative action is familiarized and a written shot plan is drawn up, providing for the episodes to be filmed, the approximate duration of each of them, the sequence and methods of filming.

9. FORENSIC PHOTOGRAPHY. ITS CONCEPT, SIGNIFICANCE AND TYPES

Forensic photography - this is a system of scientific provisions, means and methods of photographing used in the conduct of investigative and operational-search actions.

Photography is used in criminal proceedings for fixing and examining evidence.

Photographs are attached to the protocols of investigative actions. Photographs visually reflect the captured objects, allow you to visually perceive: traces, various environments in which the investigative action was carried out. Pictures not only complement the descriptive part of the protocol, but also make it possible to perceive signs or situations, the presentation of which is difficult due to their significant number or complexity of perception.

Pictures advantage:

1) accessibility of use and visibility;

2) preservation of the photograph;

3) high accuracy and objectivity in the transfer of information;

4) capturing smaller details;

5) fixing the process in stages.

Forensic photography is used for:

1) inspection of the scene of the incident, the corpse, physical evidence, documents;

2) examination of living persons;

3) conducting a search;

4) investigative experiment;

5) presentation for identification;

6) registration of living persons and corpses.

Shootings are classified:

1) for taking photographs:

а) orienting;

at) overview;

d) nodal;

d) detailed;

2) according to the method of photographing:

a) impressing - is carried out during investigative actions by the investigator himself, a forensic specialist (specialist photographer) or another participant at the suggestion of the investigator in order to fix the situation, course, individual elements of the process of conducting an investigative action and its results. This method serves the purpose of fixing various traces and objects visible to the naked eye:

▪ panoramic - successive photographing in parts of the terrain or premises horizontally or vertically, as well as individual large objects that do not fit in one close-up frame;

▪ measuring - to determine the spatial characteristics of objects;

▪ identification - to capture living persons and corpses;

▪ reproductive - a system of techniques for capturing planar objects (drawings, text, tables);

▪ stereoscopic - allows you to get a three-dimensional perception of objects;

b) researching - produced by a specialist in laboratory conditions using special equipment and appropriate techniques. The choice of specific photographic means depends on the objects under study and the tasks assigned to the study. The use of this method mainly serves to identify, and then visually fix in the photographed traces and objects, details, color and brightness differences that are not visible in a normal environment:

▪ microphotography;

▪ shooting in the invisible rays of the spectrum;

▪ contrast photography;

▪ color discrimination.

Carrying out this or that type of photography, they choose such methods and techniques of photography that would ensure the best capture of objects or facts of evidentiary value.

10. CRIMINALISTIC APPLICATION OF FILM, VIDEO AND SOUND RECORDING AND THEIR PROCEDURAL DESIGN

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.

11. SUBJECT, SYSTEM AND TASKS OF TRASOLOGY. SCIENTIFIC BASES OF TRASOLOGY

Traceology - this is a branch of forensic technology that develops scientific and technical tools and methods for detecting, fixing and researching traces in order to determine the mechanism of trace formation, establish group affiliation and individual identification of trace-forming objects and establish other circumstances that are essential for the disclosure, investigation and proper resolution of a criminal case .

In the course of committing a crime, traces are necessarily formed. The difficulty lies in the fact that in time and with the use of reliable scientific and technical means to detect, fix, remove and investigate these traces.

The concept of trace has two definitions:

1) in a broad sense, these are any material changes causally associated with the commission of a crime. For example, a change in the situation at the scene, the disappearance of some and the appearance of other objects, etc.;

2) in a narrow sense - this is a reflection of the external structure of one material object on another (studied in traceology).

Trasology system includes:

1) the doctrine of traces and trace formation;

2) techniques and methods for detecting, recording, and removing traces;

3) study of substances as traces of formation;

4) examination of objects as traces of a crime;

5) study of traces-images.

Traceology examines traces:

1) hands;

2 legs (shoes);

3) teeth;

4) clothes;

5) areas of the scalp (for example, ear);

6) guns, instruments, edged weapons;

7) vehicles;

8) animals;

9) blood and other substances.

The study of objects as traces of a crime can be divided into:

1) determination of the state of individual items;

2) establishing the belonging of parts to a single whole;

3) establishing the source of origin (group, class, species) in the wake of production mechanisms.

Tasks of traceology:

1) identification - identification of the object by the traces left by it and the establishment of a group affiliation, including a common source of origin;

2) diagnostic - determination of the mechanism of trace formation: the interaction of objects at the moment of trace formation.

Trasology is based on the following principles:

1) the individuality of the objects of the material world. The external structure of homogeneous objects may coincide in general terms, but will inevitably differ in particular;

2) the external structure of the object, including particular features, can, under certain conditions, be accurately displayed on other objects;

3) the display in the trace of an external object is always reversed, mirrored.

Importance of traceology is determined by the possibilities of establishing various circumstances of the event under investigation. Establishing the traces of the object, as well as the mechanism for the formation of traces, allows you to obtain information about the subject, about the method of committing the crime, about the subject of the criminal encroachment; allows you to prove the existence of a connection between the traces found and the criminal actions of a particular person, to establish the circumstances that contributed to the crime.

12. CLASSIFICATION OF TRACES IN TRACELOGY

The scientific classification of traces in traceology is carried out by dividing them into types according to several logical grounds:

1) by the nature of the changes introduced into the real situation:

a) traces-displays, reflecting the signs of the object that left them, the mechanism of their formation or the mechanism of the crime (handprint, wheel marks, traces of blood, etc.);

b) traces-objects - material objects, the occurrence or change of state of which is associated with the event of a crime (material objects left by the criminal at the scene of the incident);

at) trace substances - substances of organic and inorganic origin (dust, paint, fibers), as well as traces of biological origin (blood, saliva, etc.);

2) by type of impact energy:

a) mechanical;

b) thermal - under the influence of thermal energy (traces of hands on the frozen glass);

at) chemical - under the influence of oxidizing or reducing processes, photochemical or putrefactive changes in the trace-receiving surface;

3) by zone of influence:

a) local - are formed on the surface that comes into contact with the trace-forming object (footprints on the ground, etc.);

b) peripheral - arise due to changes in the trace-receiving surface outside the area of contact of the trace-forming object with it (traces of charring of the floor around the canister, etc.);

4) according to the degree of deformation of the trace-receiving surface:

a) three-dimensional - occur when a track-forming object is pressed into a softer track-receiving surface (wheel track on sand);

b) surface marks - are formed when both objects are approximately equal in hardness, due to the layering of the substance of the trace-forming object on the trace-receiving surface or due to the peeling of the substance of the trace-receiving surface (traces of exfoliation). Thus, fingers stained with blood leave traces of layering, and clean hands on a dusty surface leave traces of peeling;

5) according to the relative motion of objects interacting in the wake formation:

a) static - are formed when objects move towards each other or at a slight angle to each other, and the final moment is characterized by the cessation of movement (fingerprint, shoe soles when a person is standing);

b) dynamic - occur during the movement of objects that are in contact, but parallel to their surfaces or at a small angle, and the final moment is not characterized by the cessation of movement (traces of cutting, sliding);

6) according to the following objects:

a) hands;

b) feet;

at) hacking tools and tools;

d) Vehicle and more

7) according to the degree of perception:

a) visible - are visible to the naked eye;

b) visually impaired (poorly visible) - visible under certain conditions of observation (fingerprints on the glass can only be seen in oblique incident light);

at) invisible. They are detected when special means are used, for example, with special lighting or by chemical or mechanical action on the surface.

13. TRACES OF HANDS. PROPERTIES AND TYPES OF PAPILLARY PATTERNS

The skin surface of the palms of the hands differs in its structure from the rest of the human skin surface by the presence of a peculiar relief.

The palmar surface of the hand contains several groups of signs that allow you to identify a person:

1) flexor lines (flexion);

2) "white lines" (Bokarius lines) - small folds of skin located on the palmar surface of the hand and on the phalanges of the fingers;

3) papillary lines - linear elevations that, bending, form complex structures and patterns of various shapes, are located along the entire palmar surface and are separated by small grooves;

4) thin lines;

5) scars (scars);

6) pores.

Papillary patterns are characterized by general and particular features.

Common signs include:

1) pattern type:

a) arc, in which the lines are arranged in the form of a single stream of lines across the fingertip, forming a bend in the center in the form of an arc. Arc patterns have the following types:

▪ simple;

▪ paramidal;

▪ tents;

▪ fir-tree-shaped;

▪ patterns with an indefinite structure of the central part;

b) loop, having a complex structure in the form of three systems of lines. The line of the internal pattern starts from the edge of the pattern, but not reaching the other edge, it bends in the form of a loop and returns to the same edge from which it started. The pattern consists of several nested loops. Loop patterns are divided into the following types:

▪ simple;

▪ half;

▪ closed;

▪ curved;

▪ parallel;

▪ double;

c) helical has three streams of papillary lines, the central of which has the shape of a circle, oval, or spiral. The lower and upper flows begin on one side of the fingertip and converge on the other, thereby forming two deltas. Sometimes three and four deltas occur. Scroll patterns come in the following types:

▪ simple;

▪ spiral;

▪ spiral loops;

▪ ball loops;

▪ snail loops;

▪ incomplete;

2) the number of lines between predetermined parts (dots) of the pattern;

3) the relative position of the parts and elements of the picture. Most often, the location of the deltas is taken into account, which can be:

a) internal; b average;

c) external;

d) the size of the pattern;

e) the total number of details in the pattern or its parts;

4 direction of flow of papillary lines;

5 flow width;

6 the steepness of the flow bend.

Particular signs of papillary patterns - morphological features of papillary lines, as well as: the beginning and end of papillary lines, bifurcation and merging of papillary lines - bifurcation, bridge; gap; island; scrap; dot; peephole; pores.

Properties of papillary patterns:

1) individuality;

2) constancy;

3) recoverability.

14. DACTYLOSCOPIC EXAMINATION

In order to study the traces of hands, the following expertise:

1) fingerprinting - the study of papillary lines;

2) poroscopic - face identification by pores;

3) egetoscopy - a study of the relief of the edges of the papillary line in order to identify a person;

4) phalangometric - establishes coincidences or differences in fingerprints of the phalanges of the fingers according to their size, shape, relative position of the interphalangeal folds;

5) palmological - studies the configuration and size of palm prints.

Fingerprint examination - a type of traceological examination. It is carried out in the forensic laboratories of the Ministry of Justice of the Russian Federation and the forensic departments of the Ministry of Internal Affairs of the Russian Federation.

Seized traces and comparative samples are sent for fingerprint examination. Traces come in the form of: objects with traces; copied traces; photographs of footprints; samples of handprints of suspected persons.

To obtain samples from the suspect, the accused, and, if necessary, from victims and witnesses, a decision is made to receive samples and a protocol is drawn up.

During the fingerprint examination, two sets of questions:

1) non-identification (diagnostic), related to the characteristics of traces and the determination of the conditions for their formation;

2) identification.

The technique for obtaining samples consists of several stages:

1) when fingerprinting living persons a small amount of printing ink is squeezed onto a smooth plate and rolled out with a rubber roller in an even thin layer. The fingerprinted person is offered to wash his hands with warm water and soap, after which the nail phalanges of all fingers are rolled from edge to edge on the plate with paint, then they are rolled in the same order in specially indicated places on the fingerprint card. After rolling, a control imprint of four fingers is applied to the fingerprint card at the same time (except for the thumb). Wash off the paint from the hands;

2) when fingerprinting a corpse The skin of the hands is washed with cold water, and then with warm water to swell and enhance the relief of the papillary pattern, wiped dry and degreased with organic solvents. The paint from the plate is applied to the fingers using a rubber roller or by rolling the finger with a fingerprint plate with paint, and then each finger is rolled over a strip of white paper measuring 6 x 2 cm. Sheets of paper with fingerprints are glued to the corresponding place on the fingerprint card. No proof print is made. To make fingerprinting easier, strips of paper can be placed in a spoon-shaped device with a concave profile.

Features of fingerprinting corpses:

1) fingerprint frame;

2) the procedure must be entrusted to a forensic physician or forensic specialist;

3) only those corpses that are not identified are fingerprinted.

Features of fingerprinting living persons:

1) fingerprinting on two fingerprint cards: the first - by staining hands, the second - by already washed hands;

2) fingers are not rolled from left to right, but simply applied.

15. FOOTPRINTS. METHODS FOR THEIR FIXING AND WITHDRAWAL. FOOTPRINT PATH

Human footprints acquire value as evidence in a case when they are found at the scene. They can be used to judge the number of people who were at the crime scene, the nature of their actions, the ways of approaching and leaving the crime scene.

For the purposes of proof, it is possible to identify:

1) a person in the footprints of a bare foot;

2) shoes, stocking, sock, which left a mark;

3) a person who wore these shoes, stockings, socks.

In order to search for a criminal, it is possible:

1) hot pursuit (visible and olfactory);

2) determine the type and style of shoes, signs of shoes or feet.

Using the footprint of a shoe you can determine:

1) manufacturer or supplier state;

2) type, style, size, color and other features;

3) information about the growth of the offender.

Footprints are divided into:

1) visible, hardly visible, invisible;

2) volume and surface;

3) dynamic and static.

4) single (scattered or single) and multiple, or a track of footprints;

5) footprints, footprints of bare feet and footprints, in stockings, socks.

Common signs of footprints are:

1) the shape of the sole as a whole and its parts (the shape of the sole as a whole can be solid, with a separate heel, or consist of an outsole, a heel and an intermediate part);

2) dimensions of the sole and its parts (length of the entire sole, outsole, heel, width of the outsole and intermediate parts, heel). Length is measured at the extreme points, and width is measured at the widest or narrowest points.

Particular signs of footprints are:

1) arising in the manufacture of shoes in factory conditions (features of the shape, size and placement of small details of the relief, individual stitches of seams, studs, screws, nails, various signs on the sole);

2) arising in the process of using shoes (abrasion of the sole, cracks and deformations in certain areas, etc.).

footprint path - a set of footprints of one person, formed sequentially by the right and left foot in the process of walking or running in the amount of at least four.

The footprint track contains the following elements to judge gait:

1) line of direction of movement - a line mentally drawn between successively left traces of the left and right legs;

2) step width, which characterizes the width of the legs during movement;

3) stride length - the distance from the trace of one foot to the trace of the other. The length of the right and left steps are often different;

4) the angles of setting the feet - the angles between the axial lines of the tracks and the lines of the direction of movement. The angles of setting the feet of the right and left legs are usually different.

If traces are left on objects that can be seized in whole or in part, then a direct seizure is made. In other cases, photographs are taken and other methods of seizure are used.

Volumetric footprints are removed in the form of plaster casts, made in the following ways:

1) aspic, used to take casts from tracks on moist soils;

2) backfill, used to remove traces on loose, waterlogged soils.

16. TRACES OF TEETH, LIPS, NAILS AND OTHER BODY PARTS

Traces of teeth in investigative and expert practice are rare.

In the practice of criminal investigation teeth marks are found in cases where they are left:

1) on the body of the victim;

2) a criminal on food or other items (cheese, butter, lead seal, etc.);

3) victims on the body of a criminal, which is typical for sexual crimes and murders. have identification value. anatomical signs of teeth, which can be divided into:

1) congenital:

a) the number of teeth;

b) the distance between the teeth;

c) the size of the teeth (increased or reduced relative to the norm);

d) the shape of the teeth may have a deviation from the norm;

e) the location of the teeth (they can be tilted back or forward, rotated at different angles around their axis);

e) alternation of teeth;

2) acquired:

a) mechanical damage;

b) diseases of the teeth;

c) traces of dental treatment.

Tooth marks are classified according to the mechanism of their formation:

1) bite - a trace formed by the movement of the lower jaw in the form of depressed marks - impressions of the upper and lower teeth:

a) simple - are formed by the vertical movement of the lower jaw;

b) complex - are formed with the simultaneous movement of the jaw to the side;

2) bite - a dynamic trace, consisting of traces from the microrelief of the cutting surface of the teeth (when biting, the teeth close completely, resulting in the separation of part of the trace-forming object).

The detected traces of teeth are photographed according to the rules of large-scale photography under various lighting conditions so that various signs are highlighted and imprinted.

After photographing, a description of the traces is made in the protocol, which indicates the type and number of traces, the shape of the tooth and its dimensions, the radius of curvature of the dental arches.

human nails differ in size (width, length, degree of steepness of the bend), in shape (oval, rounded, angular). There are various deformities, defects of individual nails in the form of the end of a corkscrew, a strongly curved nail.

According to the traces of nails, you can install:

1) whether there was a struggle between the offender and the victim and how long it lasted;

2 way of killing (suffocation with hands);

3 staging a crime (inflicting damage with one's own hand);

4) personality.

Traces - the remains of nails (broken off, cut off nails) are examined as a whole in parts.

As a result of the study of the subungual content, one can obtain information about the profession of a person, as well as detect microparticles indicating the fact of a struggle between the offender and the victim (blood, microfibers, etc.).

Traces of nails on the human body are subject to mandatory recording in the protocol of the investigative action, as well as mandatory photographing of the nodal and detailed shooting by the large-scale method.

Other traces of the human body (traces of the lips, nose, i.e., skin areas that do not have papillary lines) are formed upon contact with a hard, smooth surface, most often on window glass, a shop window, a glass door. If the trace is of sufficient size and reflects a set of features, it is used for appropriate identification. It is photographed and seized in the same way as handprints.

17. TRACES OF BLOOD, SEMEN AND OTHER EXTRACTIONS. TRACES OF SMOKING AND DUST, THEIR FORENSIC SIGNIFICANCE

There are traces of blood in the following forms:

1) puddlesand - are formed as a result of heavy bleeding in conditions when the blood does not have time to be absorbed into objects or soil. Their presence indicates damage to large blood vessels or the presence of multiple injuries;

2) streaks - take place when the blood gradually drains over the surface and then dries up. They look like traces of a linear shape, the lower end of which is colored more intensely. The streaks are differentiated into vertical, deviated and intersecting;

3) drops - occur when blood particles fall from a height under the influence of gravity. Their shape depends on the height and angle of incidence. There are freely falling (vertically) drops and those falling at an angle (less than 90°);

4) spray - occur when arterial vessels are damaged and the flight of blood under the influence of blood pressure, when shaking bloody objects or a damaged part of the body. The shape, size and saturation of traces of blood make it possible to determine where the wounded man was, in what position, what was the nature of the bleeding, and on which parts of the body the wounds were.

semen traces are important in the investigation of sexual crimes, allowing you to find out the following circumstances:

1) committing a crime on sexual grounds;

2) the motive for the crime;

3) the person who committed the crime.

Sperm, like blood, has group specificity, which allows it to be used to identify a person.

When examining traces of sperm can not be found. It is advisable to search for them using an ultraviolet illuminator, since even washed-out and old traces of sperm luminesce in the rays of the ultraviolet zone.

Objects - carriers of saliva can be: gags, envelopes, cigarette butts, handkerchiefs, etc.

The establishment of saliva in spots is based on the detection of the digestive enzyme amylase in them, which is contained not only in human saliva, but also in its other secretions and blood. But compared to them, saliva has exceptionally high enzyme activity.

Urine stains, in ultraviolet rays they give a weak whitish-blue glow. Examination of traces of urine is impossible after exposure to detergents and even ordinary water. Exposing urine stains to a highly heated iron, even for a long time, does not prevent their detection.

traces of smoking found in the form of tobacco, tobacco ash, cigarette butts, whole cigarettes, burnt matches, matchboxes, packages of tobacco products and their parts. Cigarette butts carry a lot of information, they display traces of teeth, lips, saliva, fingers used to identify the smoker. It is also possible to determine the brand of products of a certain factory by the cigarette butt, etc.

By the color and morphological features of the ashes, it is possible to determine which tobacco product was used. From the cigarette butt and from the pack after cigarettes, you can determine the habits of a person who smoked.

Dust - these are solid particles of small sizes of various origins: industrial, space, etc.

Examination of dust when examining, for example, an unidentified corpse, helps to determine the place of work of the deceased.

18. TRACKS OF VEHICLES, THEIR TYPES AND SIGNIFICANCE

Traces of vehicles are found as material evidence in many categories of criminal cases (theft, accidents, etc.).

Under vehicle tracks refers to traces of the contact impact of both running parts and non-running parts of vehicles, traces on objects that have separated from the vehicle, as well as materially fixed changes on the road associated with traffic.

The classification of vehicles is carried out on the following grounds:

1) depending on the means of transportation: self-propelled and non-self-propelled;

2) according to the design of their chassis, self-propelled vehicles can be wheeled, tracked, or on skids; non-self-propelled - wheeled and on skids.

Vehicle tracks are divided into:

1) according to the mechanism of education:

a) traces-displays (traces of tires, skids, tracks) - reflect the external structure of the chassis of the vehicle on other objects (soil, snow);

b) traces-objects - detached parts of the vehicle (brackets, body parts, fragments of headlight lenses and sidelights);

c) traces-substances - particles of the paint and varnish coating of the vehicle, residues of oil products and fuels and lubricants;

2) according to the trace-forming object: traces of cars, motorcycles, bicycles, tractors, sledges, skis, horse-drawn vehicles;

3) according to the properties of the perceiving object:

a) superficial (traces of layering, traces of delamination);

b) volumetric - arise as a result of deformation of the trace-perceiving object.

According to the traces of vehicles, the group affiliation of the vehicle (type, model, brand) is established; identify a specific vehicle, animal or vehicle element (wheel, headlight lens, etc.); find out the circumstances of the event (direction of movement, stops, etc.).

Tires vary in size, as well as the structure of the tread pattern, which can be used to determine that the track was left by a car, bus, minibus, truck or off-road truck. In practice, sometimes there are tires equipped with a removable tread.

They are characterized additional signs:

1) individual relative position of the tread rings;

2) a special shape and size of the protrusions that form the tread pattern;

3) the distance between the individual protrusions - the length of the revolution of the wheel (tire circumference). It can only be determined if any feature of the tread (patch, crack, manufacturing defect) is clearly repeated in the print over several wheel revolutions;

4) the track width, which characterizes one of the main dimensions of the car, is defined as the distance between the center lines in the display of tire tracks;

5) vehicle base - the distance between the front and rear axles.

The base of the vehicle in the footprints is determined in the following cases: parking on soft ground, shedding mud or melting snow; slip; turn using a move.

19. TRACES OF HACKING TOOLS, THEIR SIGNIFICANCE AND TYPES

Under hacking means an action aimed at the complete or partial destruction, damage to a locking device, other barrier, carried out with the aim of penetrating into a locked vault.

Traces of hacking tools are material traces. They are formed as a result of the impact of a hacking tool (trace-forming object) on an obstacle (trace-receiving object). These traces are most often found in the investigation of criminal cases of theft, including theft of motor vehicles, as well as other categories. Investigation of traces of hacking tools allows you to establish the method of hacking, the type of tool used for hacking, the mechanism for the formation of traces, the professional skills of the person who committed the burglary; identify the hacking tool.

Hacking tools are divided into:

1) general technical means;

2) specially made for hacking purposes;

3) improvised items, i.e., accidentally found themselves at the scene of the crime.

The characteristic individual features of a hacking tool are:

1) various notches;

2) defects arising both during manufacture and during use.

The combination of these features, as well as their location, type, shape, size, individualize a particular tool and make it possible to identify it.

The objects of hacking are:

1) seals - are made of lead or plastic and are divided into:

a) cylinder with two through holes;

b) cylinder with two inlets;

c) with a petal;

2) locks - are classified:

a) according to the features of the locking mechanism: spring, lever, cylinder, rack, code, screw, magnetic;

b) according to the method of fastening: mortise, overhead, hinged;

c) by purpose: general purpose and special purpose.

Traces of hacking tools are subdivided depending on the:

1) the magnitude of the force acting on the hacking tool; the hardness of the tool used; material and barriers: surface (layering and delamination) and depressed;

2) the mechanism of trace formation, as a result of:

a) pressure - are formed from the impact of the hacking tool on the surface of the barrier, directed perpendicular to the latter. In the form of a trace, the configuration of the general features of the tool (its shape and size) and the features of its individual parts are displayed;

b) friction and sliding - are formed when the burglary tool moves at an angle or parallel to the surface of the obstacle. Such traces look like tracks, negatively reflecting the features of the trace-forming surface in the form of ridges and grooves. This can result in both scratches and compaction of the barrier material. These traces are more distinct the harder the weapon is compared to the obstacle. From them one can judge the type of weapon used and the breaking mechanism;

c) cut and cut - found on wooden and metal barriers. These are traces of an ax, chisel, scissors and other tools with a cutting surface;

d) sawing and drilling - are formed due to the repeated movement of hacking tools in the same place of the hacking object. In such traces, only general signs of a hacking tool can be identified;

e) apparatus for cutting metal.

20. ODOROLOGY. METHODS FOR REMOVING AND FIXING SMELL TRACES

Forensic odorology is a system of methods and means for detecting, seizing, storing and researching odor traces in order to use them to solve identification problems in criminal proceedings.

Subject of odorology are the smell, its nature, patterns of formation, methods of perception, detection.

Under odor refers to a kind of invisible trace in the form of particles released into the environment by objects and substances that carry odor and cause specific irritation of the nerve endings of the olfactory organs in living organisms.

Depending on the methods of extraction, analysis and registration of odors in Forensic odorology distinguish:

1) cynological - the olfactory organ of a service dog is used as an odor analyzer;

2) instrumental - as analyzers, physical and chemical devices are used that are capable of separating the spectrum of odorous substances, registering it and detecting individual odor components with high accuracy.

One of the main tasks instrumental odorology is the development of methods and equipment capable of recording the spectrum of volatile substances that determine the smell, and documenting it.

The human scent trail is a complex set of odors, including the following odors:

1) local - the smell of individual places of the body;

2) individual - the smell of the human body, including the totality of all local smells. The individuality of the smell emanating from a person is genetically predetermined;

3) general - the smell of a person in clothes, including professional smell and side smells (perfume, soap, toothpaste, tobacco, etc.). For selection, long-term storage and the possibility of repeated presentation of human odor, a specially designed odor sampling device (POS) is used. It is based on the adsorption principle, based on the ability to absorb a substance from a solution or gas by a surface layer of a liquid or solid.

When carrying out urgent investigative actions, work with odor traces is carried out taking into account the following rules:

1) creating conditions that ensure the maximum safety of odor traces (should cover the traces with a box, box, set up a cordon);

2) limiting the number of participants in the operational-investigative group;

3) compliance with the rules of movement, excluding the possibility of destruction or contamination of traces;

4) implementation of a strict sequence of search and removal of odor traces.

The time of preservation of odors in a state suitable for identification is limited. So, the smells left by a person indoors, under favorable conditions, persist for one day, and in open areas, especially under adverse weather conditions (wind, high temperature), about 3-4 hours. On some items (on a woolen hat, sweater) with a significant amount of sweat in a state suitable for identification, odors can persist for 5-8 days.

21. FORENSIC INVESTIGATION OF MATERIALS, SUBSTANCES AND PRODUCTS (KIMVI)

KIMVI - a branch of scientific knowledge that studies the patterns of occurrence and movement of forensically significant information contained in the properties of materials, substances and products made from them as elements of the material environment of a crime.

KIMVI is one of the branches of forensic technology.

KIMVI is based on the general provisions of the theory of identification: the individuality and stability of objects, the possibility of their interaction with each other.

If a substance of unknown nature is found during the investigation, it can be established by expert means what substance the object under study is, what its composition, brand, production or other purpose is. Objects for examination shall be seized as whole as possible. If not possible, this substance is separated from the carrier object. A small amount of the substance is removed completely, and a sample is separated from a significant amount. All test objects and each sample are packed separately and in such a way as to prevent contamination with foreign substances.

The varieties of KIMVI are:

1) research of paint coatings and materials. It is often necessary to resort to the study of these objects when investigating road accidents. Within the framework of this study, circumstances related to the use of paint and varnish coating can be established - the method of applying the coating (factory, homemade), the fact of repainting the car, etc. The main objectives of this study include: establishing the type and brand of paint; the fact that it was manufactured at a certain enterprise, released as part of a certain production batch; the origin of the samples being compared is from the same container (barrels, etc.). If it is impossible to send the painted object itself for examination, pieces of the coating are separated from it with a sharp tool, trying not to damage the integrity of the layers. The study of the objects under consideration is carried out through a set of methods, which includes emission and X-ray spectral analysis, molecular spectral analysis, microscopy, chemical microanalysis, etc.;

2) research of fibers and fibrous materials. The question being resolved concerns establishing what type of fiber it is: whether it is natural (wool, silk, linen, etc.) or artificial (viscose, etc.). The solution to a number of other issues may be important for the investigation, in particular whether the materials being compared belong to one piece or one production batch, or the fact of separating a piece of fabric from a specific item of clothing. When studying these objects, a wide range of methods is used, including microscopy, spectral and chemical analysis;

3) research of metals, alloys, the tasks of which are to identify microparticles of metals on certain objects, establish the type of metal, its grade, etc. The following methods are used in the study: microscopy, emission and X-ray spectral analysis, chemical analysis, as well as hardness, tensile and compression tests.

22. CRIMINALISTIC HABITOSCOPY

Forensic Habitoscopy - this is a branch of forensic technology, including a system of scientific provisions and the means and methods based on them for collecting and using data on the appearance of a person in order to detect, investigate and prevent a crime (the doctrine of the external signs of a person).

Forensic habitoscopy is based on data from anatomy, anthropology, and biology. It widely uses provisions and methods of forensic identification. The subject of study of habitoscopy is the appearance of a person, the naturally characterizing signs of his appearance, their classification and use for identification purposes. The external appearance of a person is his external data, what is perceived visually. The determining factors in the appearance are its elements - individual anatomical organs (head, arms, etc.), as well as the body (chest, back) and individual parts (forehead, eyes, nose, lips, etc.), functional manifestations, clothing, etc. .

Forensic habitoscopy studies:

1) forensic concept of appearance:

a) the structure and properties of the external appearance;

b) a system of elements and features of the external appearance;

c) the main prerequisites for the use of appearance in the practice of solving crimes;

2) patterns of imprinting the external appearance in various displays: the system and characteristics of displays, the possibility of their use in forensic practice;

3) general patterns of collecting, studying and using data on the appearance of a person;

4) methods of forensic portrait examination.

External signs of a person are divided into:

1) general physical - gender, age;

2) anatomical - the structure of the human body, figure, head, neck, shoulders, chest, back, arms, legs, skin, face, scars, folds, wrinkles, etc. They are characterized by signs: shape, size, color, quantity, severity etc. Individuality is manifested in the uniqueness of the outer parts of the human body. Particular attention is paid to the person's face. In establishing personality, anatomical features play a dominant role;

3) functional - are manifested in the process of human life, characterizing his motor, speech and other externally manifested functions. These include posture, gait, special skills, gestures, speech features. Functional signs individualize the appearance of a person. The degree of stability of functional signs in different people is different, since the nature of their manifestations depends not only on the structure of the musculoskeletal system, but also on the state of the nervous system, psyche, environmental characteristics, age and other reasons;

4) special and catchy signs - these are any deviations from the normal structure of the body, skin, damage or their absence on the human body;

5) related - clothing (headwear, outerwear, shoes), jewelry, watches and other accessories that can be characterized by purpose, material features, wear, signs of repair, etc.

23. CLASSIFICATION OF THE SIGNS OF HUMAN APPEARANCE. RULES FOR DESCRIPTION OF HUMAN APPEARANCE BY THE METHOD OF VERBAL PORTRAIT. CLASSIFICATION OF SIGNS OF HUMAN APPEARANCE

Signs of a person's appearance are divided into two main groups:

1) anatomical (static), characterizing the features of the anatomical structure of a person. These signs determine sex, age, height, physique, anthropological features of appearance, structure of the body, head, face and its elements;

2) functional (dynamic), the physiological basis of which is conditioned reflex processes, accompanied by the emergence of a dynamic stereotype of human movement. These are habitual, automated movements and positions of a person and his individual parts (posture, gait, facial expressions, etc.).

The use of anatomical and functional features of appearance to identify a person is determined by the relative stability of the features, which is determined by the constancy of the bone and cartilage basis of the human body. Age-related or painful changes do not have significant practical significance. Deliberate changes in anatomical features with the help of plastic surgery do not go unnoticed and are easily detected during examination.

Functional signs of appearance are less reliable, they can be easily changed (for example, a person, having made a little effort on himself, can change his gait, change his gestures, etc.). But it is impossible to completely change the functional characteristics inherent in a given person, they are as stable as they are unique.

Verbal portrait - this is a forensic method of describing a person's appearance using common terms, carried out according to a certain system for the purpose of criminal registration, search and identification of living persons and corpses.

Identification of a person by signs of appearance using the method of verbal portrait can be carried out by:

1) presentation for identification;

2) direct comparison of his appearance with a photographic portrait;

3) direct comparison of his appearance with the existing verbal portrait;

4) comparison of a verbal portrait with a photographic image.

Forensic science has developed the basic rules for describing appearance using the verbal portrait method:

1) the maximum completeness of the description of a person's appearance. Compliance with this rule is due to the fact that during the compilation of a verbal portrait it is still unknown which of the signs will be the main ones during the search;

2) sequence of description (from general to specific). First, general physical signs are indicated - gender, age, then anatomical signs are described - the figure as a whole, neck, shoulders, chest, back, head (face);

3) description using special terminology. This is necessary to ensure a uniform understanding of the information received. Sources of information are divided into:

1) subjective - these are mental images preserved in a person’s memory, according to which he can give a description of external signs, identify a criminal, etc .;

2) objective - these are photographs, casts-masks from the deceased, x-rays and video materials.

24. FORENSIC PHONOSCOPY

Forensic phonoscopy - this is the identification of a person by voice, it studies sound information on sound, magnetic and other media, as well as equipment (tape recorders, voice recorders, etc.).

People communicate with each other through spoken language. Oral speech entails changes in the material environment, which are called sound traces. Using sound tracks, you can establish the identity of the criminal and other circumstances that need to be proven. Recently, the role of sound traces has increased significantly. This is manifested in the fact that traditional means of recording - written documents - are increasingly being replaced by video filming and sound recording.

Currently, the materials of criminal cases often contain phonograms:

1) on which information about the preparation, concealment, and commission of a crime is recorded;

2) investigative actions, which are appendices to the relevant protocols, etc. All specified audio and video media are drawn up in accordance with the law and attached to the materials of the criminal case. The phonograms record not only the person’s voice, but also other sound traces. When studying phonograms, the main task is to identify a person by voice.

Personal identification by oral speech due to the fact that:

1) a person's voice has individual characteristics;

2) the acoustics of the voice is also individual and cannot be changed;

3) human speech is formed from early childhood (intonation, manner of speaking, speed of speech, etc.), it is also individual and unique.

Phonoscopic examination is used in the investigation of criminal cases on bribes, commercial bribery, extortion, various frauds and telephone terrorism.

The following types of analysis of human oral speech are put into the methodology of phonoscopic examination:

1) linguistic - explores the oral speech of a person, his intellectual and psychophysiological characteristics;

2) acoustic - aimed at studying the anatomical and other features of a particular subject. Phonoscopic examination allows you to judge the physical and mental characteristics of a person.

Features of phonoscopic examination are manifested in the fact that when removing cassettes with any sound traces, precautions should be taken to preserve traces that may also appear on these objects. Therefore, it is recommended to take them strictly with gloves or tweezers. This object should be carefully described in the protocol (which cassette, which tape, brand names of the cassette and audio tape, etc.), all defects and damages that are found during a detailed examination should also be recorded in the protocol.

Then the recording is listened to and its nature (music, or conversation (speech), or other information) is displayed in the protocol. If this is a speech, then its content is recorded, music - its character. After the film has been listened to, it must be rewound to its original position, carefully sealed and provided with explanatory text.

25. FORENSIC WEAPONS. DOING. CONCEPT AND CLASSIFICATION OF WEAPONS

Forensic weapons science - this is a branch of forensic technology that studies the principles of design, patterns of operation of various types of weapons and the formation of traces of their impact, and also develops means, techniques and methods for collecting and examining these objects and traces in order to use them to detect, investigate and prevent crimes.

Weapons in forensics - devices and items designed to destroy living and other targets.

Weapons in forensic science are usually classified according to various grounds:

1)according to the operating principle:

a) firearm - a technical device consisting of a barrel, a projectile detection mechanism, which, using force, allows you to fire more than one shot, causing serious damage to the obstacle (human body, etc.). A firearm is used to hit a target at a distance with a projectile that receives directional movement due to the energy of a powder or other charge (pistol, rifle, etc.).

Firearms have a number of design features:

▪ mandatory use of the energy of gunpowder gases or other substances to throw a projectile;

▪ the presence of a barrel in a weapon to give the projectile directional movement;

▪ the presence of a device for igniting the projectile;

▪ sufficient damaging effect of the projectile;

▪ sufficient structural strength to allow repeated shots;

b) cold - a device designed to hit a target by using the muscular strength of a person in direct contact with the target (knife, dagger, dagger, stiletto, etc.);

There are a number of design features inherent in melee weapons:

▪ the presence of a part (part) specifically designed to cause life-threatening damage (point, blade, spike, impact load, etc.);

▪ the presence of a device for holding the device in the hand and causing damage to it without the risk of self-harm;

▪ mechanical strength of the structure, ensuring repeated use of the weapon;

c) throwing - serves to hit a target at a distance with a projectile that receives directed movement with the help of muscular strength or a mechanical device (crossbow, etc.);

d) pneumatic - serves to hit a target at a distance with a projectile that receives movement due to the energy of compressed gas;

e) gas - is intended for temporary destruction of the target by the use of tear or irritating substances;

2) according to the purpose of application:

a) civil, intended for use by citizens of the Russian Federation. It is divided into self-defense weapons, sports, hunting, signal, cold blade weapons, which serve as an element of the national costume;

b) official, intended for use by officials of state bodies and employees of legal entities who are allowed by the legislation of the Russian Federation to carry, store and use weapons;

c) combat hand-held rifle and cold, designed to solve combat and operational tasks.

26. FORENSIC BALLISTICS. CONCEPT AND CLASSIFICATION

FIREARMS AND AMMUNITION

The term "ballistics" comes from the Greek "ballo" - "throw".

Forensic ballistics - this is a section of forensic technology that studies firearms, ammunition, the patterns of a shot and its traces, develops means and techniques for collecting and examining these objects and traces of their use in order to detect, investigate and prevent crimes.

The tasks of forensic ballistics are:

1) identification of weapons and ammunition by traces of a shot;

2) establishing the group affiliation of weapons (type, system, model);

3) establishing the circumstances of the use of firearms - the distance of the shot, the location of the shooter, the direction of the shot, the number and sequence of shots.

The objects of forensic ballistic research are:

1) firearms, their separate parts;

2) ammunition for firearms, including fired bullets, spent cartridges, shot, buckshot, wads, etc.;

3) traces of the use of firearms;

4) procurement of weapon parts;

5) tools and various materials used in the manufacture of weapons and ammunition;

6) items in which weapons were kept.

Firearms - this is a device, structurally designed to hit a target with a projectile, which receives a directed movement due to the energy of a gas-forming substance.

Firearms are classified:

1) according to the intended purpose: civil; combat; military; hunting; sports; antique; criminal.

2) according to the device of the bore: rifled, smoothbore, combined;

3) along the length of the trunk: short-barreled (up to 20 cm); medium-barrel (from 20 to 40 cm); long-barreled (more than 40 cm);

4) by caliber: small-caliber (up to 6.5 mm inclusive); normal caliber (up to 9 mm inclusive); large-caliber (over 9 mm);

5) according to the method of loading: muzzle-loading (ramrod); breech-loading;

6) according to the used cartridges: central battle; ring ignition; side combat (Le Fauchet hairpin cartridges);

7) by the number of trunks: single-barrel; double-barreled; multi-stem;

8) by the number of charges: single-shot; multiply charged;

9) according to the action of the charging mechanism: non-automatic (store or drum); automatic (self-loading, self-firing, combined);

10) according to the manufacturing method: standard; non-standard;

11) by design (view): pistols, revolvers, submachine guns.

Ammunition - These are disposable items designed to hit a specific target by a shot or explosion.

Ammunition can be divided into two groups:

1) explosive action, which includes various types of grenades, factory-made mines, as well as home-made explosive devices;

2) small arms, which includes cartridges for small arms firearms. The cartridge consists of a cartridge case, a primer, gunpowder and a projectile.

27. IDENTIFICATION OF WEAPONS BY BULLETS AND CASES. SETTING THE DISTANCE AND DIRECTION OF THE SHOT, THE LOCATION OF THE SHOOTER

Firearm identification is the most common forensic ballistics test and can be done from bullets and shell casings.

When firing a shot, the striker strikes the primer of the cartridge. From the impact, as a result of the explosive decomposition of the capsule composition, fire is formed, which penetrates to the powder charge. Gunpowder ignites. When it burns, a large amount of powder gases are formed, which put pressure on the projectile and push it out of the sleeve into the bore.

In a rifled weapon, the bullet passes through the bore, tightly adhering to its walls. Due to this, traces of the relief of the walls of the bore are formed on its shell. In these traces, during the study, one can detect the fields of rifling and the rifling themselves, and other small irregularities. Since the number, direction, steepness and width of rifling for different models of weapons are usually different, then by the marks on the bullet, in combination with data on the caliber, shape, material of the bullet, it is possible to determine from which model of the weapon this bullet was fired.

Based on the marks on the bullet, identification is also possible, i.e., establishing that the bullet was fired from this particular weapon, since, in addition to rifling and fields, it also displays small features of the relief of the walls of the bore, which are inherent in this instance of the barrel. It is also possible to identify weapons by spent cartridges. Traces are formed when loading, firing and unloading weapons. These marks are formed from the contact of the cartridge case with parts of the weapon.

The most valuable are the traces:

1) striker (drummer) on the primer;

2) ejector in the groove or on the edge of the sleeve cap;

3) reflector;

4) chamber on the case body.

For identification by the cartridge case, it is necessary to find features in the traces on the cartridge case from the parts of the weapon that are individual for a given instance of the weapon. These are the features of the microrelief of the surfaces of these parts.

To identify a weapon by a fired bullet, it is necessary to detect in the traces on it a reflection of the individual features of the relief of the walls of the bore.

Identification of weapons from marks on bullets and shell casings seized at the crime scene is usually done by comparing these marks with marks on bullets and shell casings specially fired from weapons found at the crime scene. Such bullets and shells are called experimental.

Shot distance is the distance in a straight line between the muzzle of the weapon and the entrance hole on the obstacle. It is possible to determine the shot distance at close shooting distances. For this purpose, traces of a close shot are used, which include traces of mechanical destruction of an obstacle by powder gases, traces of thermal effects - scorching or burning, deposition of shot soot, deposition of gunpowder residues, etc. The distance at which traces of a close shot are formed depends on a number of factors, related to the type and condition of the weapon and the ammunition used.

28. FORENSIC RESEARCH OF EXPLOSIVE DEVICES, EXPLOSIVES AND EXPLOSION TRACES

explosive devices - These are technical structures that are designed to destroy a target with a powerful wave.

explosives is a growing industry that occupies explosive devices.

The objects of explosives are:

1) explosive devices, their parts, accessories;

2) traces of the use of explosive devices;

3) devices for the manufacture of explosive devices.

Distinguish explosive devices:

1) factory-made;

2) homemade production.

Explosive devices consist of:

1) hulls;

2) explosive charge;

3) control device;

4) fuse.

Improvised explosive devices are disguised as briefcases, shopping bags, thermoses, etc. Such items are easy to carry and can be left at the scene without attracting much attention.

Explosive devices can be wired or wireless.

Explosive devices are divided into:

1) triggered by pressing;

2) remote;

3) non-contact;

4) triggered by a given signal.

As a result of the operation of the mechanism, an explosion occurs, during which a large amount of energy is released in a short period of time.

Explosives are chemical compounds capable of rapid reaction, accompanied by the release of a large number of different gases.

Detection of traces of an explosion is facilitated by signs that appeared on the barrier in the form of:

1) mechanical damage from exposure to high pressure gases;

2) burning with a flame;

3) crumbling plaster, whitewash, concrete or brick chips, chipped wood particles. When examining the scene of an accident, the participation of specialists with deep knowledge in this area is required. The main task is the detection, fixation and removal of objects that are related to the explosion. At the crime scene, you can find the remains of a projectile, explosive, various wiring and other mechanisms that can lead to an explosion.

Objects found are photographed and carefully described (recorded) in the protocol, and the location of all objects found must be accurately indicated on the plan. The protocol also describes the found objects (appearance, material, etc.)

The seized objects must be packed separately (an explanatory note is attached to each package) and sent for examination to establish the design of the explosive device, the principle of operation, what materials it was made of, the type of explosive, etc.

Objects seized from the scene of the incident are subsequently sent for examination. Examination of explosive devices is carried out at the forensic center of the Ministry of Internal Affairs.

Explosive expertise solves three groups of tasks:

1) establishing the fact of the explosion itself, as well as the attribution of individual elements found at the scene of the incident to an explosive device, establishing traces of an explosion on elements of the material situation;

2) determination of the design of the explosive device;

3) determination of the circumstances of the explosion itself.

29. CONCEPT AND CLASSIFICATION OF MOLDED WEAPONS

Under edged weapons should be understood as objects that do not have a direct industrial or household purpose, which are structurally designed and specially prepared for inflicting bodily harm with the help of human muscular strength, for attack or active defense in direct contact with the target.

There are a number of design features inherent in all types of edged weapons:

1) common feature - intended for attack or defense;

2) private signs:

a) the presence of a part (part) specially designed for direct infliction of bodily harm that is dangerous to human life and health at the time of application, and the absence of a direct industrial or household purpose;

b) the design, dimensions and materials of the object must ensure the infliction of such damage (point, blade, bulges, etc.);

c) structural strength, ensuring the repeated use of weapons;

d) the presence of a device (handle) for comfortable holding in the hands, providing the possibility of causing damage and protecting against self-harm.

Melee weapons are classified:

1) according to the intended purpose:

a) military (combat);

b) civil;

c) police;

d) hunting;

e) criminal;

2) according to the manufacturing method:

a) factory-made, in its design corresponding to technical specifications, standards and having markings (industrial, branded, standard);

b) handicraft, made by master gunsmiths in accordance with certain standards, samples, may have the mark of a master;

c) self-made, made by persons who do not have special professional skills;

d) reworked - reworked by adding or eliminating individual elements from existing samples;

3) according to the general design:

a) standard;

b) non-standard;

c) atypical;

4) according to the principle of damaging action:

a) chopping (sword, saber);

b) stabbing peak, sword, dagger, stiletto);

c) piercing-chopping (yatagan, broadsword);

e) piercing and cutting (dagger, knife, bayonet);

f) shock-crushing (brass knuckles, flail);

g) throwing (spear, dart);

h) mixed type;

5) by design and striking qualities:

a) blade, the main active part of which is a steel strip (blade) of various shapes and sizes, penetrating the body of a person or animal (knife, dagger, sword, saber, sword, etc.);

b) non-blade (shock), designed to damage soft tissues and crush bones with a striking surface (brass knuckles, kisten, cue ball, nunchuck);

c) combined, combining the properties of bladed and non-bladed cold steel (brass knuckles, a club with a stylet embedded in it, brass knuckles-dagger, etc.);

6) at the place of manufacture:

a) domestic production;

b) foreign production;

7) according to the design features of the blade:

a) single-edged;

b) two-blade.

30. CRIMINALISTIC RESEARCH OF COLD WEAPONS

Steel arms - items specially made for the direct infliction of bodily harm, dangerous to human life and health at the time of application, using human muscular strength, not having a direct production or household purpose.

Cold steel is an object that is attached to the criminal case as material evidence. If bladed weapons are found at the scene or during a search, they are examined in order to find out and record their characteristics in the protocol.

It is necessary to record in the protocol: the general characteristics of the object (the name of the item, its components, the length of the item), the dimensions of the edged weapon, the completeness of the components, the method of attaching the handle to the blade, the material from which the parts of the weapon are made, its color, strength, the nature of the surface ( smooth, rough, serrated), the shape of the blade, the sharpening of the blade and the end of the blade, the degree of sharpness of sharpening, the elasticity of the blade, whether there are recesses on the blade, stiffening ribs (protrusions), whether there is a limiter on the handle, what known samples this weapon coincides with. If there are any inscriptions, they are also recorded in the protocol. In addition to describing the weapon itself, the item in which the edged weapon was stored, what it was made of, its size, shape, etc. is measured and described.

To determine the type of weapon, special albums and manuals can be used. Melee weapons should definitely be photographed close-up (traces left on the weapon, its features). A record is made in the protocol that photographs were taken, and the photographs are attached to the materials of the criminal case.

Then edged weapons are packed, sealed and sent to the expert for examination.

Forensic research can address the following questions:

1) whether the presented item is a cold weapon;

2) what type and variety the object submitted for examination belongs to;

3) how cold weapons are made: factory, home-made or handicraft;

4) what is the nature of the damage, what tool could have left it;

5) whether the damage could have been left by this type of weapon, which is submitted for examination. Not only edged weapons are sent for examination, but also the object on which damage was found.

In the study of edged weapons, all stages of forensic research are carried out: expert examination, separate research, comparative research, final stage and conclusion.

In the forensic investigation of edged weapons, it is necessary to highlight the essential features that can characterize the object under study. Also, attention should be directed to the detection of markings. Each type of bladed weapon has a set of basic features that characterize it. It is this set of features that the expert should display in his conclusion.

31. FORENSIC STUDY OF DOCUMENTS

Forensic examination of documents - this is a branch of forensic technology that studies the patterns of writing, methods of forging documents, as well as developing tools and methods for knowing these patterns in order to investigate, prevent and solve crimes.

The objects of the forensic study of writing are written speech and handwriting. During the feasibility study of a document, its content, the material from which it is made, traces of exposure are studied in order to change its content.

Document - this is a material carrier (paper, film and photographic film, etc.) that carries any information that has the value of physical evidence for a criminal case.

Documents are classified:

1) by appointment:

and containing any information;

b) certifying any facts;

2) by origin: and the originals;

b) copies;

3) by way of presenting information:

and written;

b) graphic;

c) audiovisual;

4) fixation method:

and on paper;

b) on magnetic media; on other possible media (fabric, leather, etc.);

5) according to the source from which the documents originate:

a) official

b) informal;

c) with a known source of origin (having a signature and other details);

d) anonymous (without a signature or with a fictitious signature).

In accordance with the Code of Criminal Procedure of the Russian Federation, documents are recognized as material evidence if they served as instruments of a crime or if traces of a crime have been preserved on them.

Documents are carefully examined, recognized as physical evidence and attached to the materials of the criminal case.

Since documents, as physical evidence, contain information related to a criminal event or the identity of the offender, and are indispensable in the investigation of a crime, measures must be taken to preserve them and not to change them.

Work with documents that are classified as material evidence is divided into several stages:

1) examination of the document and its attachment to the materials of the criminal case;

2) studying the document;

3) appointment and production of expert examinations.

You should follow the rules for handling documents that are classified as material evidence:

1) during the inspection, measures should be taken to preserve traces of hands, etc. To do this, you need to take documents with rubber gloves or tweezers;

2) you can not make any comments or any notes in the document;

3) the document is not filed with the materials of the criminal case, but is put into an envelope and attached to the criminal case.

Forensic examination of documents as material evidence is divided into:

1) examination of document forms;

2 study of handwritten documents (letters);

3 study of typewritten texts;

4) study of partially modified documents;

5) technical and forensic examination of documents;

6) establishment of hidden information.

32. CRIMINALISTIC RESEARCH OF THE LETTER. SIGNS OF LETTER AND THEIR CLASSIFICATION

With the help of a forensic study of a letter, when comparing texts, it is possible to establish the person who compiled this document.

The handwriting and written speech of a person are individual and constant, which allows experts to identify the executor of the document even in cases where the person deliberately tried to change the handwriting.

Letter - a means of fixing a person's speech with the help of special symbols and signs. In a handwritten text, there is a set of signs of written speech and handwriting made by a specific subject.

In order to fix thoughts on paper, a person must learn to write. Writing skills are acquired during a person's life. This is the result of upbringing and teaching writing.

Handwriting - a system of habitual hand movements, the formation of which is based on a writing-motor skill that serves to reproduce writing.

Each person's handwriting is unique. After a certain period of time, the pace of writing, the degree and nature of its development change in a person, but usually the same features remain in it. The handwriting is relatively stable. Handwriting changes due to reasons such as illness, age, cultural development, environment, etc.

Handwriting features:

1) general - characterize the usual system of movements: the degree of development, acceleration, size, inclination;

2) private:

а) features of the form and direction of movement:

▪ right-hand traffic;

▪ left-circular movements;

▪ variable;

b) features of the ratio of elements of written characters:

▪ by size;

▪ by slope;

▪ overclocking;

at) handwriting details:

▪ position of the starting point of written characters;

▪ position of the end point of written characters;

▪ retouching;

▪ tortuosity of strokes;

▪ features of pressure, etc.

Handwriting can be:

1) according to the degree of handwriting (adaptability of hand movements to cursive writing):

a) developed;

b) underdeveloped;

c) trembling;

2) according to the nature of development:

a) simple;

b) simplified;

c) artsy;

d) mixed;

3) according to the degree of connection:

a) connected;

b) jerky;

c) medium in terms of the degree of connectedness;

4) overclocking:

a) compressed;

b) medium;

c) expanded;

5) to size:

a) big;

b) small;

c) average;

6) according to the form of movement:

a) rectilinear-angular;

b) round;

c) mixed;

7) by slope:

a) lawful;

b) left-handed;

c) straight.

33. HANDWRITING EXPERTISE

Handwriting is a skill acquired by a person in the course of his training. It is understood as a system of conditioned reflex communication, which ensures movement and its compliance with the task set during repeated movement in similar conditions.

In the process of investigating a crime, one often has to deal with the fact that the accused or suspect denies the execution of the handwritten text of a document - material evidence. In such cases, a handwriting examination is appointed to establish the fact.

Preliminary research, like expert research, is carried out by comparing this text with handwriting samples of the person who allegedly performed this text. During the comparative study, it is recommended to compile tables of general characteristics of handwriting. A sheet of paper is divided in half, the features of handwriting that appear in the text of the document are copied on the left, and the features that appear in the handwriting samples are copied on the right. The comparison is made taking into account general and specific features of handwriting.

Very often, with the help of handwriting examination, it is necessary to solve the problem of identifying the person who executed the handwritten text of a document. Comparative samples must be sent for examination together with the disputed document.

In the practice of handwriting expertise, comparative samples of three types are used:

1) free - samples of the letter that were made before the initiation of criminal proceedings. They can be found at the place of work, study, at home, with relatives, etc. Documents of personal and official correspondence, autobiographies, statements, abstracts, etc. can serve as free samples;

2) shareware - samples made in connection with this criminal case, but not for examination (application);

3) experimental - samples made specifically for the examination, either under the dictation of the investigator, or by rewriting any text proposed by the investigator.

During the examination, preference is given to free samples.

Free samples are checked before being sent for examination. The suspect finds out whether he has complied with this document. Experimental samples should use the same materials as used in the document. When the text is written from dictation, then it should include the same sentences and words that are in the document under study.

To examine the signature, the texts and signatures of the suspected person are sent for examination. If the text under study is written in block letters, samples should be submitted along with the usual samples, which will be written in block letters. Each free sample is supplied with an explanatory note, which indicates the surname, name, patronymic of the person and his signature.

Tasks of handwriting expertise:

1) establishing an identity;

2) the establishment of objects at which handwritten texts were performed.

The objects of handwriting expertise include:

1) handwritten texts;

2) documents;

3) text fragments, brief notes;

4) digital records;

5) signatures.

34. SIGNS OF WRITTEN SPEECH

Writing is one of the means of communication and one of the ways of fixing speech.

A letter is a means of communication in which a person’s thoughts are captured through graphic signs and the rules for their combination.

Two sides are distinguished in the letter: semantic (content, style, manner of presentation, vocabulary, etc.) and graphic (underlining).

In the formation of writing lies the training and practical activities of a person.

In social, scientific and other activities, written speech has various information. Through it, messages about facts, phenomena, ideas, etc. are recorded and transmitted.

The task of forensic research of written speech is to determine the features of writing and speech skills.

Written speech is the content of the document (conceptual content) and the linguistic means by which it is expressed.

The following features of written speech are distinguished:

1) lexical, characterizing the general vocabulary and features of its vocabulary. Vocabulary features include:

a) neologisms - new words not included in the vocabulary fund;

b) vulgarisms - rude, non-literary expressions and words;

c) archaisms - old, obsolete expressions;

d) dialectisms - words from the local dialect;

e) professional terms and expressions;

e) slang words;

2) grammatical, which reflect the performer’s mastery of grammatical rules of writing. The presence of repeated spelling, syntactic, and morphological errors are an identification sign. Depending on the frequency and nature of errors encountered, the literacy level is divided into:

a) low;

b) average;

c) tall;

3) stylistic, characterizing the manner of presentation of thoughts, the author’s ability to use a variety of means of written speech (official business, industrial and technical, colloquial and everyday), as well as the compositional structure of the manuscript. In texts encountered in investigative practice, the style of presentation can be judged by the composition of words and the construction of sentences;

4) topographic:

a) features of placing text on paper;

b) string configuration; the position of the line of writing relative to the line of paper; line direction;

c) the way words are wrapped, the location of the hyphens relative to the line of the line;

d) features of the placement of the signature and date;

e) features of placing the text of the address on the envelope;

f) a way to underline certain parts of the text;

g) the way the date is written;

h) features of making corrections and adding letters, words, sentences to the line.

Writing habits, as well as small signs of handwriting, are constant.

Based on these features of written speech, author's expertise, the subject of which is factual data about the author himself and the conditions for drawing up this document. Sometimes the author and performer are the same person, then diagnostic and identification problems can be solved here.

The following are sent for author's examination:

1) documents;

2) scientific developments;

3) articles;

4) teaching aids;

5) handwritten and typewritten, polygraphic texts.

35. TECHNICAL AND FORENSIC RESEARCH OF DOCUMENTS

The word "document" comes from the Latin documentum, in legal practice it means "proof".

Any business paper that serves as evidence of something, having details (stamps, signatures, etc.) is recognized as a document. The documents reflect various kinds of facts and events that are important for the resolution of any case. The authenticity and truth of documents are protected by law, there is criminal liability for forging various kinds of documents.

The feasibility study of documents solves many issues, which requires the possession of a variety of knowledge and research methods.

Most of the documents that should be examined with the help of technical and forensic examination are fake documents.

Forgery of documents is recognized:

1) complete, in which the document is prepared completely (form and all its details);

2) partial, in which some amendments are made to the document (deleting part of the text or, conversely, adding some new elements to the document). Technical and forensic examination of documents consists of examining the document itself for its authenticity, methods of production, identifying signs of alteration and the possibility of restoring the document.

Documents can be:

1) genuine;

2) fake. Forgery of a document is carried out by printing with rubber fonts, copying, using photocopying, including using printing tools;

3) false, containing false information, but made properly.

Each of the listed types of forgery has its own characteristics, allowing to establish their presence.

Rubber type letters are used relatively rarely and are distinguished by thick blurry strokes, the distance between letters, words and lines is uneven.

Common ways to forge seals and stamps are: copying a print from a genuine document using flat clichés; wet copying, etc. When forged, some methods have the following features: non-standard font, violation of the interval, distortion in the design of the coat of arms, etc.

"Wet" copying involves the production of an intermediate cliché with a genuine seal, signature. The fake print impression is usually lighter than the real one, with indistinct stroke borders.

Signatures are forged using carbon paper, translucent redrawing.

Partial forgery by altering the content of original documents is usually carried out by means of erasure, etching or addition.

Erasure - this is a mechanical effect on paper, causing a violation of its surface layer, ruffled fibers, thinning of paper applied to it using various recording media.

Etching - is the destruction of records by chemical destruction or discoloration of the coloring matter of the original record. Etching manifests itself in the appearance of spots of a different color and shade than the rest of the paper, remnants of the original text, paper thinning, etc.

36. GENERAL PROVISIONS FOR INSPECTION OF DOCUMENTS. RULES OF HANDLING WITH DOCUMENTS - OBJECTIVE EVIDENCE

Documents can be the object of research only if they are physical evidence. Inspection of documents is carried out to identify the content, detect forgery and identify the means that were used in the forgery of documents.

When investigating crimes related to forgery of documents, it is necessary to apply scientific and technical methods and special means, to involve specialists.

The results of the inspection are recorded in the protocol.

The inspection of documents must meet the requirements for the inspection of material evidence. In practice, there are cases when interested parties destroyed a document or made changes to it, so the document should be immediately inspected. Only in exceptional cases may the inspection be postponed to a later time. Documents must be seized and properly stored. During inspection, you need to carefully and comprehensively study all parts of the document. If required, the investigator must involve specialists in examining the documents and conduct an inspection of the document using technical means. It is recommended to inspect documents under both direct and side lighting, both in reflected light and through transmission.

Basic rules for document inspection:

1) it is imperative to understand the nature and purpose of the document:

a) official;

b) informal;

2) to check whether the official document corresponds to the required form, for this it is necessary to check the mandatory details of the document. For verification, it is recommended to use standard samples of documents;

3) check whether the form is completely filled out;

4) check the seals and stamps, whether they meet the requirements that are established at the enterprise;

5) check whether the document was signed by a person authorized to do so;

6) analyze the content of the document;

7) compare the date and fold lines on the document;

8) check the document for additions or check if the document contains text that was made with a pencil with strong pressure;

9) pay attention to the condition of the document (torn, cut, etc.).

Document Handling Rules are as follows. The studied documents should not be changed, they should be kept unchanged. When familiarizing yourself with documents, you must not make any inscriptions, marks, and so on on them, you must not irradiate the document for a long time, as this may lead to a change or loss of the physical properties of the document material.

Documents - physical evidence cannot be filed with the case file, first they must be put in an envelope, and then filed with the case. It is also recommended that documents be folded only along existing folds. Torn documents should be placed between transparent plates. Since any traces (of hands), microparticles, odors, and so on may remain on the documents, you should take the documents in your hands with rubber gloves or tweezers.

37. CONCEPT AND CLASSIFICATION OF MICRO-OBJECTS. RULES FOR DETECTION, REMOVAL AND FIXING OF MICRO-OBJECTS

The concept of "microobject" includes the following concepts:

1) "microparticle" - this is a micro-whole or a micro-part of the whole, separated from it under the influence of certain factors, and is a micro-amount of a substance or material in the solid phase;

2) "microtrace" - this is a display of a micro-object;

3) "smell marks" - microquantities of volatile compounds left on material objects. They are a gaseous cloud, a mixture of air with odorous substances in the absence of a source of odor at the location where the odor trace is detected.

There are the following types of micro-objects:

1) by structure:

a) hard;

b) liquid;

c) gas phases;

2) according to the mechanism of formation. Microobjects arise during the contact interaction of material bodies and are traces of layering. Very often, microparticles can be found on hands, shoes, clothes, burglary tools, etc. Non-contact appearance of microparticles is also common;

3) by nature of origin:

a) organic: natural (traces of blood, semen, saliva, urine, etc.) and artificial (microquantities of synthetic compounds and processed natural substances (for example, narcotic substances);

b) inorganic (particles of metal, gypsum, etc.);

c) mixed (dust, soil, paintwork).

Objects - carriers of microparticles during inspection should be properly preserved unchanged and protected from contamination.

Inspection of objects - carriers of microparticles should be carried out over a large clean sheet of paper. Rubber gloves must be worn on the hands, and tweezers should be used when examining small objects. You need to look for microtraces and microparticles in good, bright light using magnifying devices or special tools. When inspecting such objects, lighting should be changed.

All actions for the detection, seizure and fixation of micro-objects should be reflected in the protocol of the corresponding investigative action. The inspection protocol must necessarily include the dimensions, color, relative position of micro-objects. Carrier objects, traces are photographed by detailed shooting. The carrier object is removed and placed in special conditions. Micro-objects are seized only if the carrier object itself cannot be seized.

Sheets of paper on which the inspection was carried out are seized, separately packaged and procedurally drawn up. Measures for the selection, packaging and conservation of traces should be carried out in the presence of attesting witnesses. From large areas, it is possible to collect microparticles with special devices (dust collecting device, mini-vacuum cleaner). From hard-to-reach places, micro-objects are removed with a needle, tweezers. Magnets or a magnetic brush can also be used. Micro-objects from smooth surfaces can be removed with adhesive tape.

Each carrier object is packaged separately. The best packaging is paper envelopes, glassware. When studying micro-objects, it is best to invite specialists. Panels of experts are often invited.

38. OPERATIONAL AND REFERENCE ACCOUNTING

Operational and reference accounting contains information about:

1) the persons with the leads are accused;

2) persons convicted for unlawful acts;

3) persons who are wanted;

4) persons who have committed crimes, but released from criminal liability;

5) foreign citizens and stateless persons who have committed unlawful acts;

6) rifled firearms;

7) vehicles;

8) antiques and other valuables.

There are the following types of operational reference accounting:

1) alphabetical (surname) - carried out with the help of alphabetic cards. This card records the following information about the registered person: last name, first name, patronymic, time and place of birth, place of permanent residence, education, place of work, specialty and position, marital status, criminal record (the court that passed the sentence, under which article of the Criminal Code , time of conviction, measure of punishment); information about previous criminal activities (by what bodies he was involved, when, under what article of the Criminal Code he was held accountable), the application of amnesty and pardon, the place and time of serving the sentence, the death of the convict, etc. The card must necessarily contain a fingerprint formula of the person being registered, an imprint of the nail phalanx is made index finger. Identification photographs of the face are also attached to the card. Cards are placed in the card index in alphabetical order;

2) dactyloscopic - intended for persons sentenced to imprisonment. This is done using fingerprint cards. On a special form, the papillary patterns of the fingers of each hand of the registered person are imprinted using printing ink. When fingerprinting, there are certain requirements that must be met. Fingerprint cards are arranged in a certain order according to the ten-finger, five-finger, one-finger (monodactyloscopic) system, i.e., taking into account data on the characteristics of ten, five fingers, or each of them separately. According to the ten-finger system, detained criminals and convicted persons are taken into account.

According to the five-finger system, two file cabinets are maintained, containing:

a) fingerprint cards of persons brought to criminal responsibility for theft;

b) photographs of traces of hands of unknown criminals seized from the scene of incidents. The systematization of the cards is based on the classification of papillary finger patterns. The systematization of fingerprint cards is facilitated by the use of special formulas that take into account the peculiarities of the papillary fingerprint patterns presented on a particular card;

3) accounting for appearance - applies to repeat offenders, certain categories of criminals who are wanted, and others whose appearance is remembered by victims or witnesses. It is based on taking identification photographs and describing appearance features using the verbal portrait method. The photographs are systematized and stored in the form of photographic albums or photographic cards (photo libraries), and cards with descriptions of appearance characteristics are stored in the form of omens cards.

39. CRIMINALISTIC RECORDING OF THE BODIES OF THE INTERNAL AFFAIRS

As part of the forensic records maintained in the internal affairs department, information is accumulated, processed and used that characterizes:

1) methods of committing crimes;

2) missing persons;

3) unidentified corpses of citizens;

4) stolen, lost and voluntarily surrendered firearms;

5) bullets, shell casings with traces of weapons found at the crime scene;

6) traces of fingers, toes, etc.;

7) traces of burglary tools used at the scene;

8) documents (for example, counterfeit banknotes, etc.);

9) unsolved crimes.

There are the following forms of forensic records:

1) file cabinets;

2) collections;

3) albums;

4) lists;

5) AIPS (automatic information retrieval systems);

6) ASDI (automatic fingerprint identification systems).

Registration according to the method of committing a crime conducted through two interconnected file cabinets. The first contains cards with descriptions of the characteristic methods of crimes committed by unknown persons. The second contains cards with descriptions of the methods of crimes committed by established criminals. Account cards are systematized and arranged in file cabinets in accordance with a number of sequentially taken into account signs. First, they are divided into groups according to the type of crime, and within each group they are divided into subgroups, taking into account the scene of the incident, the nature of the technical means used by the criminal, etc.

Registration of missing persons and unidentified corpses is intended to establish the cause of the unknown absence of a certain person and the identity of an unidentified corpse. It is carried out in the form of two interconnected card files, one of which contains missing persons, and the other contains cards of unidentified corpses.

The cards are systematized first by gender of the registered, and then by age and height. If an unidentified corpse is registered, then the card contains identification photographs of the corpse, and the fingerprints of the corpse's hands and samples of the fabric of his clothes are attached to it.

Registration of stolen, lost, seized, voluntarily surrendered rifled firearms, as well as bullets, cartridge cases and cartridges from the scene of unsolved crimes contributes to the search for stolen and lost weapons, as well as the detection and investigation of crimes in the commission of which firearms were used. Maintained in the form of card files:

1) stolen and lost weapons;

2) weapons found and seized.

There are separate filing cabinets for bullets and cartridge cases.

Before registering a weapon, a check is carried out on the bullet-case, cartridge case to determine whether it contains a bullet or cartridge case fired from the corresponding weapon.

The type, system, model, year of manufacture, number, characteristic external features, structural features of the weapon are recorded in the weapon registration card. The cards are systematized and arranged in a file cabinet by type of weapon, and then by system, model, number and other features.

40. GENERAL PROVISIONS FOR THE ORGANIZATION OF DISCLOSURE AND INVESTIGATION OF CRIMES

Previously, issues of organizing the detection and investigation of crimes did not have independent scientific justification. All these issues were considered within the framework of forensic tactics, techniques and methods. But recently, a new section has appeared in criminology - “Organization of the detection and investigation of crimes,” which consists of scientific provisions, recommendations for planning an investigation, the interaction of investigators with investigators, specialists and other bodies when investigating crimes. The investigator must in his work ensure maximum efficiency in detecting, investigating and preventing crimes.

Previously, in forensic technology, in addition to scientific provisions and recommendations for the use of technical means in practice, the subsection "Forensic registration" was introduced. This section dealt with the accumulation of information and its processing in the registration units of law enforcement agencies and the use of this information.

The section "Forensic Tactics", in addition to scientific provisions and tactics of certain investigative actions, included other subsections: forensic version and investigation planning; interaction of the investigator with other departments in the investigation of crimes, etc. These issues are practically irrelevant to forensic tactics. They relate to the investigation and are of an organizational nature in the work of investigators.

The section "Organization of solving crimes" has its own subject, it differs from the subject of other sections of forensic science, of which this section is a part; with the help of scientific provisions and recommendations underlying it, it solves issues that differ from those that arise in the sections of forensic technology, tactics, and methods.

The investigator, in the course of his activities in carrying out investigative actions that are of an organizational nature, must know well and be able to put into practice the technical achievements of modern forensic science. The organization of the disclosure and investigation of crimes as a branch of forensic science is closely related to the criminal process, criminal law and other sciences.

In the structure of the organization of the detection and investigation of crimes, a subsection should be distinguished, which includes general provisions, and subsections that make up the main content of this section.

Subsections of the organization of detection and investigation of crimes are:

1) forensic leads and investigation planning;

2) forensic registration;

3) interaction of the investigator with other units;

4) detective work of the investigator;

5) study of the identity of the suspect and the accused;

6) preventive work of the investigator;

7) the use of computer tools in the detection and investigation of crimes;

8) verification of materials containing signs of a crime.

41. CONCEPT AND TYPES OF FORENSIC VERSIONS

Forensic version - a reasonable assumption regarding a separate fact or group of facts that are or may be important for establishing the truth in the case, indicating the existence and explaining the origin of these facts, their relationship with each other.

Versions contribute to a comprehensive, complete and objective study of the circumstances of the case, they are the organizing beginning of planning the investigation of the case and individual investigative actions, they determine the direction of the investigator’s activities in acquiring and increasing first probable knowledge, and then reliable knowledge.

Version development stages:

1) occurrence;

2) analysis (development) of the proposed assumption and determination of a number of consequences that logically follow from this assumption;

3) practical verification of the alleged consequences and their comparison with what, as a result of the verification, is established in reality. If this comparison shows that the consequences logically deduced by analyzing the content of the version do not really exist, then the version put forward does not correspond to objective truth and must be rejected. If the alleged consequences correspond to the established facts of reality, then this will prove that the version put forward is consistent (probable).

There are the following types of versions:

1) according to the subject of nomination:

a) investigative - arise in the process of inquiry and investigation;

b) operational-search - arise in the process of operational-search activities;

c) judicial - arise in the process of judicial proceedings;

d) expert - arise in the course of expert research;

2) by volume:

a) general - assumptions covering the installed object as a whole;

b) private - explain its individual elements, circumstances;

3) according to the degree of certainty:

a) typical - most typical for a given situation from the point of view of the relevant branch of scientific knowledge or general practice of forensic research (operational search, investigative, judicial, expert), a presumptive explanation of individual facts or an event as a whole, the result of a scientific generalization of judicial, investigative, expert , forensic investigative practice, typical versions are described in the relevant collections, teaching aids, etc.;

b) specific - are put forward during the investigation of a specific case based on specific circumstances;

4) according to the degree of probability:

a) unlikely - have a small probability of reliability;

b) the most probable - have a high probability of reliability;

5) by build time:

a) initial - arise at the initial stage of the investigation before the start of the investigator's activities to verify them, often arise already during the inspection of the scene;

b) subsequent - arise at subsequent stages of the investigation;

6) in relation to the subject of proof:

a) accusatory - confirm the guilt of the suspect (accused);

b) acquittal - refute the guilt of the suspect (accused).

42. BUILDING AND VERSIONING. DERIVATION OF CONSEQUENCES FROM VERSIONS

Versions should be based on certain factual data, which can be divided into two groups:

1) data obtained from various sources related to the crime under investigation. They may be contained in court evidence, materials of operational-investigative activities, official checks, statements of citizens, press reports and other sources. When building versions based on the data of this group, mainly such logical methods and forms of thinking as analysis and synthesis, direct and indirect inferences are used;

2) information resulting from scientific generalizations not directly related to a specific criminal case. These are data of natural, technical and other sciences and information gleaned from the life and professional experience of the investigator, generalizations of investigative, judicial and expert practice.

Version requirements:

1) a real possibility, fundamental verifiability;

2) substantiation by established facts;

3) relative simplicity, having a clear, unambiguous formula;

4) applicability to a wider range of phenomena established during the investigation.

Checking forensic versions - activities aimed at establishing factual circumstances that confirm or refute the assumption that constitutes the content of the version. Verification is based on a logical analysis and assessment of the available information, it is carried out through the production of investigative actions and operational search activities.

Version checking includes:

1) derivation from the version of all possible consequences, i.e., the formation of judgments about circumstances that have not yet been established, but are possible;

2) determination of methods, means and ways of establishing the alleged consequences arising from the accepted version (determination of the elements that make up the content of the investigation plan in the case), making tactical decisions;

3) the practical implementation of the investigation plan through the performance of investigative actions and operational-search measures to obtain data confirming or refuting the version;

4) an assessment of all the collected evidence that substantiates the conclusion that one of the versions being tested is true and the rest are false.

The version is checked from the standpoint of its correspondence to reality until it has received full confirmation, or has not been refuted and has not disappeared. She confesses valid if:

1) all kinds of assumptions regarding the circumstance of the crime being verified were put forward and no other version regarding the same circumstance emerged during the entire investigation based on new, additional data;

2) all the versions put forward about this circumstance were checked, and all, with the exception of one that found objective confirmation, were refuted and disappeared;

3) all the consequences, logically deduced from the confirmed version, were comprehensively investigated and found confirmation, i.e., discovered in reality;

4) the confirmed version is in full compliance with all other circumstances of the case.

43. THEORETICAL FOUNDATIONS OF TACTICAL OPERATIONS AND TACTICAL COMBINATIONS

Scientific research into the problem of a tactical operation is carried out at the general, group and specific levels. At the level of a general approach, the concept, scientific foundations, structure, classification of a tactical operation, the history of development, the place of this doctrine in the system of forensic science, connections with other areas of forensic and other scientific knowledge, practice, and the rule of law are considered. The purpose of such studies is to develop a general model of a tactical operation from the point of view of its systemic characteristics.

At the group and specific levels, the features of certain types and types of tactical operations, forms and possibilities for implementing the acquired knowledge are studied in order to create and apply in practice the appropriate models of these operations carried out to solve typical problems of investigation in cases of various categories, as well as in the investigation of certain groups of those or other similar types, separate types and varieties of socially dangerous acts. Using the information contained in these models allows investigators to effectively solve general and situational issues of organizing and implementing tactical operations in cases of various categories.

In addition to the general provisions of the theory of tactical operations, other forensic concepts and developments occupy an important place (the provisions of the doctrine of the investigative situation, the doctrine of the forensic characterization of crimes, the theory of the forensic model, the theory of forensic forecasting, the theory of tactical decision, etc.).

Since, in practical terms, a tactical operation is a special case of purposeful activity, the investigator, in the process of developing and implementing a tactical operation, is also based on the provisions of logic, psychology, epistemology, the science of management and organization of labor, and other areas of scientific knowledge.

tactical combination - this is a certain combination of tactics or investigative actions, pursuing the goal of solving a specific problem of investigation and due to this goal and the investigative situation.

There are the following types of tactical combinations:

1) complex. The content of such a tactical combination is a system of separate investigative actions, such combinations can be divided into:

a) homogeneous - consisting of homogeneous investigative actions;

b) heterogeneous - consisting of and heterogeneous investigative actions;

2) simple tactical combinations - combinations consisting of a system of tactical techniques used within the framework of one investigative action.

Sign of a tactical combinationWhat distinguishes it from a tactical operation is the indispensability of a separate investigative action within a combination, the impossibility of skipping or replacing it. When carrying out a tactical operation, an investigator may miss any action planned in advance, but when carrying out a tactical combination, it is necessary to adhere to the plan.

44. CLASSIFICATION AND STRUCTURE OF TACTICAL OPERATIONS

Tactical operations are classified on various grounds:

1) by the nature of the investigative situations in which tactical operations are carried out:

a) carried out in simple situations;

b) carried out in a difficult situation;

2) in relation to the subject of proof:

a) contributing to the establishment of the circumstances included in the subject of proof;

b) contributing to the establishment of supporting facts;

3) by the nature and content of actions:

a) consisting only of investigative actions;

b) consisting of various actions (investigative, auditing, operational-search, etc.);

4) in relation to the stages of the investigation:

a) carried out at the initial stage;

b) carried out at the intermediate stage:

c) carried out at the final stage;

5) according to the content of the tasks to be solved:

a) contributing to the search for people;

b) contributing to the discovery of things, etc.;

6) by organizational structure:

a) carried out by employees united in permanent organizational structures;

b) carried out by temporary structures specially created for the implementation of a tactical operation;

7) by the level of generality:

a) specific;

b) typical;

8) by the nature of the cases under investigation: operations performed in cases of crimes against the person, against property, etc.;

9) by participants:

a) carried out only by law enforcement officials;

b) conducted by them jointly with other persons;

10) in place:

a) held in one place;

b) held in different places;

11) by the time of the actions:

a) held at the same time;

b) held at different times.

In a tactical operation, there are three stage her development:

1) stage of preparation (organization), including the following stages:

a) construction and study of a mental model of the current investigative situation;

b) definition of the task(s) of the investigation;

c) making a decision on the need for a tactical operation and developing its program;

d) taking measures to ensure the program of a tactical operation at the stage of its preparation;

2) implementation stage (working part). In the structure of activities for the implementation of the tactical operation program (working stage) there are three stages:

a) initial;

b) intermediate;

c) final.

The working part of the initial and intermediate stages of a tactical operation is realized in the mode of production of actions following one after another or in the mode of a simultaneously unfolding series of actions running parallel to each other;

3) the final stage, which involves summing up the results of a tactical operation, assessing what has been achieved, taking into account both successes and misses and failures. On this basis, a decision is made to complete the tactical operation or to bring it to its logical end, if something is missed, left unfinished, or done wrong. In addition, documents (procedural documents) necessary for registration of the work done are drawn up.

45. PLANNING THE INVESTIGATION OF CRIME

Crime investigation planning pursues the following objectives:

1) completeness, comprehensiveness and objectivity of the investigation;

2) economy of the investigation;

3) coordination of the efforts of the investigator with the efforts of other services of the internal affairs bodies and other persons working on this case.

Planning principles:

1) individual planning. Each criminal case must have its own plan;

2) concreteness. Tasks, issues to be clarified, a set of specific activities, exact deadlines, performers should be clearly defined;

3) reality - the validity of the put forward investigative versions, the practical feasibility of the planned activities, the possibility of meeting deadlines;

4) dynamism of planning - constant adjustment and addition of the investigation plan, taking into account newly received information and changes in the investigative situation.

Types of planning:

1) planning the production of a specific investigative action;

2) planning an investigation in a separate criminal case;

3) planning an investigation into several criminal cases under investigation by the investigator.

Plan forms:

1) written:

a) by versions - compiled in the form of a table, the names of its columns: investigative versions and questions to be clarified; investigative actions and other activities to be carried out for each investigative version; timing; performers; note (completion mark);

b) for multi-episode criminal cases - a column with a brief description of the episode is added to the plan drawn up according to the versions;

c) by persons - a column with the name of the suspect (accused) is added to the plan drawn up according to the versions;

2) mental (compiled at the initial stage of the investigation).

In terms of a separate investigative action, it is necessary to reflect:

1) the purpose of the investigative action and the issues to be clarified;

2) the exact time of the event;

3) venue;

4) the circle of persons participating in this investigative action and providing assistance to the investigator;

5) technical means necessary to record its course and results;

6) tactics for recording investigative actions;

7) tactics of conducting investigative actions;

8) unclassified operational-search activities. In terms of an individual investigative action, it is possible to display only individual tactical techniques and the sequence of their implementation.

When investigating multi-episode cases, in addition to plans, supporting documentation is used: schemes of criminal connections of suspects (accused), cards for the accused (personal accounts). This card should show:

1) the wording of the accusation;

2) evidence confirming the accusation (with the designation of the sheet of the case);

3) the arguments of the accused, given by him in his defense;

4) the results of verification of the accused’s statements;

5) data characterizing the identity of the accused;

6) issues to be clarified;

7) notes on the dates of choosing a measure of restraint, bringing charges, etc.

One of the forms of supporting documentation is the chessboard scheme used in the investigation of group cases.

46. CONCEPT, SIGNIFICANCE AND TYPES OF INTERACTION OF THE INVESTIGATOR WITH OTHER LAW ENFORCEMENT BODIES AND THE PUBLIC

The investigator interacts with the bodies of inquiry in such cases:

1) when leaving to inspect the scene;

2) when deciding the issue of initiating a criminal case based on operational materials;

3) when the witness has difficulty finding evidence;

4) in investigative and operational groups that are created to investigate complex cases and crimes of past years;

5) when one investigator is physically unable to effectively carry out an investigative action;

6) if the location of the property to be seized is unknown in order to secure a civil claim or possible confiscation of property;

7) when carrying out preventive work on the serviced area;

8) if the person who committed the crime is not found.

Forms of interaction:

1) procedural - regulated by the legislation, which gives the investigator the right to give written instructions to the body of inquiry:

a) on conducting operational-search activities;

b) on the performance of certain investigative actions;

c) on the execution of decisions on detention, bringing, arrest;

d) on the performance of other procedural actions, as well as providing an opportunity to receive assistance in their implementation;

2) organizational, developed by practice and regulated by by-laws:

a) sending materials to the investigator to resolve the issue of initiating a criminal case for verification based on the data obtained by the operational-search method;

b) familiarization of the investigator with the results of operational-search measures related to the criminal cases initiated and investigated by him;

c) coordinated planning of investigative actions and operational-search measures in a case that is under investigation by an investigator;

d) joint discussion of the investigative and search data collected in the case;

e) creation of investigative and operational groups to go to the scene;

f) creation of investigative-operational groups for the disclosure of complex and time-consuming criminal cases;

g) mutual information about data of interest to the investigation and operational-search activities.

The investigator interacts with experts in such cases:

1) during the inspection of the scene;

2) in the process of preparing and collecting materials necessary for expert research;

3) in the course of expert research;

4) during interrogation and other investigative actions.

Public - public organizations and individual citizens assisting the preliminary investigation bodies in solving crimes.

Forms of public participation in investigative actions:

1) involvement of members of the public in direct participation in the conduct of investigative actions;

2) conduct by the investigator with the participation of the public of actions that are not of a procedural nature;

3) receipt by the investigator of information from the public about illegal actions and the persons who committed them, the location of material evidence, documents, etc.

47. OPERATIONAL-SEARCH ACTIVITY AS A FORM OF INTERACTION

Operational-investigative activity - the type of activity carried out publicly and covertly by the operational units of state bodies authorized to do so by the Federal Law on Operative Investigative Activities, within the limits of their authority through the implementation of operational investigative measures in order to protect life, health, human and civil rights and freedoms, property, ensuring the protection of society and the state from criminal encroachments.

The tasks of operational-search activity are:

1) detection, prevention, suppression and disclosure of crimes, as well as identification and identification of persons who prepare them, commit or have committed them;

2) the implementation of the search for persons hiding from the bodies of inquiry, investigation and court, evading criminal punishment, as well as the search for missing persons;

3) obtaining information about events or actions that pose a threat to the state, military, economic or environmental security of the Russian Federation.

Legal basis for operational-investigative activities - The Constitution of the Russian Federation, the Federal Law "On Investigative Activities", other federal legislation and legal acts of federal state authorities adopted in accordance with them.

Operational-investigative activity is based on the constitutional principles legality, respect and observance of the rights and freedoms of man and citizen, as well as on the principles of conspiracy, a combination of overt and covert methods and means.

When carrying out operational-search activities, operational search activities: questioning, making inquiries, collecting samples for comparative research, test purchase, examination of objects and documents, observation, identification of a person, examination of premises, buildings, structures, terrain and vehicles, control of mail, telegraph and other messages, wiretapping, removal of information from technical communication channels, operational implementation, controlled delivery, operational experiment.

The bodies whose operational units have the right to carry out operational-search activities include:

1) internal affairs bodies of the Russian Federation;

2) bodies of the Federal Security Service;

3) federal bodies of state protection;

4) customs authorities of the Russian Federation;

5) Foreign Intelligence Service of the Russian Federation;

6) foreign intelligence agencies of the Ministry of Defense of the Russian Federation;

7) Federal Service for the Execution of Punishments;

8) bodies for control over the circulation of narcotic drugs and psychotropic substances.

Operational-investigative activity is the main form of interaction between the investigating authorities and the bodies of inquiry and other law enforcement agencies, expert institutions, and the public. This is explained by the fact that this type of activity is the main one for the investigating authorities.

There are two forms of interaction between the bodies carrying out operational-investigative activities with the bodies of inquiry:

1) procedural, which consists in giving written instructions by the investigator to the bodies of inquiry;

2) organizational, developed by practice and regulated by by-laws.

48. CONCEPT AND SYSTEM OF FORENSIC TACTICS

Forensic tactics - a section of forensic science that studies investigative activities in order to develop scientifically based recommendations to improve its effectiveness.

Tasks of forensic tactics:

1) the general task is to assist law enforcement agencies in the prevention, detection and investigation of crimes;

2) private tasks:

a) study during the preliminary investigation of the behavior of suspects, victims, accused, witnesses, attesting witnesses;

b) study of best practices and shortcomings in the organization of investigative activities;

c) development of new and improvement of existing tactical recommendations.

The forensic tactics system includes:

1) general section:

a) scientific subsection - the subject of forensic tactics, its system, tasks, sources, connection with other sections of forensic science and sciences are studied;

b) scientific foundations for organizing investigative activities - issues of planning an investigation, organizing the interaction of an investigator with employees of other services of internal affairs bodies, tactical risk, tactical techniques, tactical combinations and tactical operations are considered;

2) a special section, which analyzes the tactics of conducting individual investigative actions.

Sources of forensic tactics:

1) achievements of the humanities and natural sciences (for example, criminal procedure, criminal law, criminology, forensic psychology);

2) investigative practice;

3) the norms of the criminal procedural legislation that regulate the procedure for conducting investigative and judicial actions, the general procedure for investigating crimes;

4) the provisions of other sections of criminalistics: the general theory of forensic technology, methods of investigating crimes.

Sciences related to forensic tactics:

1) forensic technology. The use of technical means requires tactical recommendations, especially in the production of individual investigative actions; in order to use one or another device, it is necessary to determine the stage of the investigative action in which they should be used;

2) methodology for investigating crimes. Forensic tactics and methods of investigating crimes are related to each other as general and particular. Forensic tactics is the basis for the methodology, since the final section of forensic science uses the techniques and recommendations developed by forensic tactics;

3) criminal process. The recommendations developed by forensic tactics supplement the norms of criminal procedure legislation. Tactical recommendations should not go beyond the law. The appearance in the legislation of new investigative actions always requires the development of tactical recommendations;

4) criminology. Tactical recommendations can be used to identify the causes and conditions conducive to the commission of crimes;

5) logic. Logical rules of thinking are necessary when putting forward investigative versions, during interrogation, when planning the investigation of crimes and when performing other investigative actions;

6) forensic psychology.

49. CONCEPT AND TYPES OF INSPECTION

Inspection - study of the situation at the scene, detection and receipt of data on circumstances conducive to the commission of a crime.

Inspection principles:

1) timely inspection. The objects inspected can change quickly under the influence of objective and subjective factors, so it is very important that any type of inspection is carried out as soon as possible after receiving a report of the incident, as this helps prevent the loss of material evidence;

2) objectivity and completeness of inspection. When conducting an inspection, the investigator should not succumb to the first impression of the essence of the event that occurred, but must impartially examine all possible versions. Carrying out an inspection under the impression of any one version may adversely affect the results of the investigation. The completeness of the inspection presupposes the identification and implementation of the entire range of issues that can be resolved with the help of this investigative action, and not just those of them that seem to be the main ones at the time of the inspection. It also points to the need to detect during its implementation all available traces and other objects that may have the value of material evidence, regardless of their apparent importance or insignificance;

3) systematic inspection. Any inspection must be carried out according to plan and in a certain sequence. Failure to comply with this principle, jumping when examining an object from one area to another can negatively affect the collection of the necessary information;

4) unified inspection guidance. An investigative examination is a complex investigative action, which often involves several investigators, operational workers, a prosecutor, and other law enforcement officers. All this requires a clear organization of interaction between all participants in the inspection. It can be ensured only with a unified management of the inspection. By law, such leadership is assigned to the investigator, but if necessary, it can be taken over by the prosecutor supervising the investigation or inquiry. The manager distributes responsibilities between the inspection participants and monitors the implementation of the tasks assigned to them.

Objectives of the investigative review:

1) detection of traces of a crime;

2 clarification of other circumstances that are important for the development of versions and the search for a criminal, or obtaining data on circumstances conducive to the commission of a crime.

Classification of investigative examination:

1) by objects of inspection:

a) inspection of the scene;

b) home inspection;

c) external examination of the corpse;

d) examination of objects and documents;

e) inspection of animals;

e) inspection of vehicles;

g) inspection of premises and areas of the terrain that are not the scene of an accident;

h) inspection of plants;

i) examination;

2) according to the sequence of conducting an investigative examination:

a) initial; b repeated;

3) according to the volume of investigative inspection:

a) main;

b additional (not the entire object is examined, but only part of it).

50. PREPARATION FOR THE INSPECTION. TACTICAL INSPECTION TECHNIQUES

An investigative examination is always carried out by the investigator in person and in the presence of attesting witnesses, if it is impossible to find attesting witnesses (conducting an inspection in sparsely populated areas or if it is carried out in conditions dangerous to life and health), then an appropriate entry is made in the protocol.

Investigator - responsible manager, manager and main executor of all actions performed during the inspection process; he is responsible for a comprehensive, complete and objective inspection, for the exact implementation of the provisions of the law.

Investigators practice conducting inspections of crime scenes with the participation of operational workers and other police officers. Arriving at the scene before the investigator, the latter take measures to protect and cordon off the scene, without violating the situation and the location of objects. Without waiting for the arrival of the investigator, police officers take measures to help the victims, hot pursuit of criminals, identifying the victim, identifying eyewitnesses of the crime, etc.

The selection of witnesses is carried out on a general basis. An exception is the inspection of postal and telegraph correspondence, during which witnesses are selected from among the employees of the postal and telegraph institution.

The issue of participation in the examination of the accused, suspect, victim or witness is decided depending on whether the participation of these persons will contribute to the successful search for traces of the crime, objects or documents, as well as to more accurately establish the situation at the scene. The accused, the suspect, the victim have the right to apply for admission to participate in the inspection.

The specialist participating in the inspection helps the investigator in detecting, fixing, seizing and preserving evidence, in fixing the results of the inspection and evaluating them, advises the investigator on issues requiring special knowledge, but, since he is not an expert, he does not give an expert opinion, but his the opinion is auxiliary for the investigator, i.e. he may not use it in the investigation.

The investigator, if necessary, may warn the participants of the examination about the responsibility for disclosing the results of the examination.

The course and results of the inspection should be recorded in the protocol. In the inspection protocol, all the actions of the investigator, everything discovered are described in the sequence in which the inspection was carried out, and in the form in which the discovered was observed at the time of the inspection.

If during the inspection the investigator encounters an object whose functional purpose is unfamiliar to him, then he must describe this object in detail without making assumptions about its purpose. After that, to establish the functional purpose of the subject, an examination is appointed or a specialist is invited.

It is not allowed to put forward any versions of what happened in the protocol, even if they lie on the surface. In the protocol, only in chronological order, the discovered facts and actions of the investigator and the persons participating in the inspection are noted.

51. CONCEPT, TYPES AND TASKS OF INTERROGATION. PREPARATION FOR INTERROGATION

Interrogation - investigative action, which consists in the fact that an authorized official receives and records, in the manner prescribed by law, the testimony of victims, witnesses, suspects, accused, experts about the facts known to them that are relevant to the criminal case.

Purpose of interrogation - Obtaining complete and truthful information about the circumstances relevant to the criminal case.

Interrogation tasks:

1) general - establishing the absolute truth in a criminal case;

2) private - the establishment of individual circumstances included in the subject of proof.

Interrogation types:

1) according to the procedural position of the interrogated:

a) interrogation of a witness;

b) interrogation of the victim;

c) interrogation of the suspect;

d) interrogation of the accused;

e) interrogation of the defendant;

f) interrogation of an expert;

2) according to the age of the person being interrogated:

a) interrogation of an adult;

b) interrogation of a minor;

c) interrogation of a minor;

3) according to the composition of participants:

a) without the participation of third parties;

b) with the participation of a defense lawyer, expert, specialist, prosecutor, head of the investigative department, teacher, parents, translator, legal representatives of a minor;

4) in order of interrogation of a person:

a) initial;

b) repeated;

5) by volume:

a) main;

b) additional;

6) at the place of interrogation:

a) in the investigator's office (in the courtroom);

b) in a different place;

7) by the nature of the investigative situation:

a) in a conflict situation;

b) in a non-conflict situation;

8) based on the personal position of the interrogated:

a) interrogation of a person giving truthful testimony;

b) interrogation of a person who knowingly gives false testimony.

Types of preparation for interrogation:

1) forensic:

a) careful study of the materials of the criminal case;

b) determination of the circumstances to be clarified;

c) study of the identity of the interrogated person;

d) studying the relationship of the interrogated person with other participants in the process;

e) preparation of evidence;

f) determining the sequence of interrogations and the method of calling the interrogated;

g) choice of place and time of interrogation;

h) preparation of the place of interrogation and scientific and technical means for recording testimony;

i) creating the necessary environment for interrogation;

j) drawing up an interrogation plan. In its simplest form, this is just a list of questions to ask;

k) determination of the circle of participants in the interrogation. Persons who are not interested in the outcome of the interrogation are interrogated first;

l) choosing the method of summoning a person for interrogation (by subpoena, telephone call or otherwise);

2) special:

a) familiarization with special literature;

b) conversations with specialists;

3) psychological - determining the tone and sequence of questions asked, the procedure for presenting material evidence and other materials.

52. INTERROGATION OF A SUSPECT AND ACCUSED

The interrogation of a suspect is characterized by special psychological moments:

1) the suspect has a pronounced defensive dominant, an attitude to conceal objective information;

2) he treats the investigator with prejudice and wariness;

3) for subsequent orientation, the suspect seeks to obtain information about the degree of awareness of the investigator;

4) he is in a state of excitement and confusion. The suspect, detained in hot pursuit, is psychologically unprepared for interrogation.

Giving evidence to suspects and accused - this is their right, not an obligation, since by their testimony they defend themselves against the suspicion or accusation that has arisen. They are also not responsible for giving false evidence.

If the suspect confessed to the crime and gave truthful testimony, he should be interrogated in the most detailed way so that these statements can be cross-checked and confirmed with other evidence.

Tactics (combinations) of interrogation of the accused are as follows. An accused person is a person in respect of whom, in accordance with the procedure established by law, a decision has been made to bring him or her as an accused of committing a crime.

Having presented charges, the investigator is obliged to immediately interrogate the accused. If defense counsel participates in the case from the moment the charge is brought, he/she has the right to be present during the interrogation and, with the permission of the investigator, to ask questions to the accused. The investigator may reject the question of the defense counsel, but at the same time he is obliged to enter the assigned question in the protocol of interrogation.

Depending on the attitude towards the charges brought and the objectivity of the testimony, there are five main typical investigative situations:

1) the accused fully pleads guilty, frankly and objectively telling about the deed, which corresponds to the materials collected in the case;

2) the accused fully pleads guilty, but his testimony contains information that contradicts the materials of the case;

3) the accused partially pleads guilty, and his testimony also contains information that contradicts the collected materials;

4) the accused does not plead guilty, explaining the reason for this;

5) the accused does not plead guilty and refuses to testify.

The defendant, who admits his guilt, is asked the following questions on the merits of the case:

1) why he committed the crime, whether he repents of his deed, what he would like and can do to mitigate his fate;

2) where, when, what, as a result of which he had the intent to commit a crime, what he personally or other persons did in preparation for committing a crime;

3) when, at what time, in what way, from where he arrived at the scene of the future crime;

4) what relations previously connected him with this place, the subject of the encroachment;

5) what are the circumstances and consequences of the crime;

6) how and where he left the scene, what he did in the future until the moment he was held accountable for his deeds.

53. INTERROGATION OF THE WITNESS AND THE INJURED

The interrogation begins with the announcement to the victim of his responsibility for giving false testimony and slander. Then an opportunity is given in the form of a free story to state by whom, when and what actions were committed against him. Further, the investigator, by asking questions, clarifies the testimony, paying special attention to obtaining information, taking into account which further investigative actions will be carried out, and possibly operational-search measures. The victim can express his judgments about the identity of the criminals, the motives and goals of their actions. This information is taken into account when putting forward investigative versions.

An important circumstance that can affect the volume and reliability of information obtained during the interrogation of the victim is his emotional state associated with the committed assault. A person may be too excited or depressed, and therefore, if it is not possible to relieve tension, it is advisable to postpone the interrogation, limiting itself to obtaining the most necessary data. But keep in mind that delaying interrogation can sometimes lead to negative consequences.

The victim is sometimes cajoled or threatened by perpetrators or persons associated with them. This can make it very difficult to obtain truthful testimony from him.

Any person who knows any circumstances to be established in the case is interrogated as a witness. They are criminally liable for evading testimonies and reporting deliberately false information, therefore, at the beginning of the interrogation, they are explained the provisions of the law and the obligation to tell the truth.

The credibility of witness testimony is influenced by a number of factors, such as personal relationships with the suspect (accused), the presence of circumstances that in one way or another compromise the witnesses themselves. The investigator must find out the nature of the relationship between the witness and the accused, his possible involvement in the actions of the latter, and take measures to prevent and expose perjury.

The formation of testimony is also influenced by objective factors that make it difficult to perceive facts and events (these can be adverse weather conditions, insufficient lighting at the scene, limited time for perception, etc.). The investigator, in order to receive and evaluate the testimony in a qualified manner, must find out under what conditions they were formed, whether the witness has physical defects that interfere with the correct perception and reproduction of events. The revealed circumstances should be taken into account when determining the tactics of interrogation.

When interrogating minors (especially minors) witnesses, the age characteristics of their psyche must be taken into account. For example, they are characterized by increased suggestibility, and sometimes a tendency to fantasize. When posing a leading question, the interrogated person often perceives the answer prompted to him, thinks up some details of the event, and after that it can be difficult to distinguish reality from fiction.

54. CONCEPT AND TYPES OF SEARCH. SEARCH PREPARATION AND CONDUCT

Search - investigative action, consisting in the examination of premises, areas of the area, individual citizens in order to find and seize objects that are important for the criminal case under investigation.

Search types:

1) by objects:

a) a search in the premises under the jurisdiction or use of citizens, enterprises, organizations, institutions;

b) search of the area;

c) search of vehicles;

d) personal search;

2) in sequence:

a) initial;

b) repeated;

3) by the time of the search of objects:

a) simultaneous;

b) different time;

4) according to the volume of objects surveyed:

a) main;

b) additional.

Search preparation includes:

1) study and analysis of the materials of the criminal case;

2) making a decision to conduct a search;

3) determination of the goals and objectives of the search:

a) what objects need to be searched and seized;

b) if possible, then tentatively determine the characteristics of such objects;

4) collection and study of information about the identity of citizens who are supposed to be searched;

5) collecting and studying the place of the search;

6) determination of the time of the search (immediately or postpone it until the day or any favorable conditions);

7) selection of participants in the search, their briefing, distribution of duties, explanation of the rights and obligations of attesting witnesses, specialists, technical workers;

8) preparation of scientific and technical means;

9) choice of method of communication between participants in the search;

10) determining how to respond to phone calls to the searched room.

The search consists of three stages:

1) preliminary. After entering the premises, the following actions are performed:

a) the group leader identifies himself, the purpose of the arrival, presents an identity card;

b) a resolution on the conduct of a search and a court decision in the course of a search in a dwelling are presented;

c) the fact of the announcement of the decision is confirmed by the signature in the said decision;

d) exits from the premises are guarded;

e) the identity of all those present in the room is ascertained;

e) attempts to send any signals outside the premises are excluded;

g) the person whose house is being searched is invited to voluntarily hand over objects, documents and valuables to be seized that may be relevant to the criminal case;

2) overview, which begins with the decision to conduct a full search. At this stage the following occurs:

a) familiarization with the situation of the place of the search;

b) an overview of the premises to be searched, data on their location are specified;

c) putting forward versions of the likely places of storage of the desired objects;

d) determination of means of search technology;

e) clarification of responsibilities between group members;

f) determining the order of inspection of objects, the time of the search, tactics of the search;

g) choosing a place to eat and rest;

3) detailedwhere the actual search takes place, a search is carried out for items that may be relevant to the criminal case. It begins with a personal search, which consists of examining from top to bottom the clothes and sometimes the body of the person being searched.

55. RECORDING THE PROCESS AND RESULTS OF THE SEARCH AND SEIZURE

At the final stage of the search, the following actions are carried out:

1) if necessary, a second search is carried out (if any unexamined premises remained during the initial search);

2) objects are selected for seizure;

3) a nodal survey of everything found during the search is carried out;

4) seized items are packed and sealed;

5) a search protocol and plans attached to it are drawn up;

6) a copy of the protocol against receipt is handed over to the person in whose premises the search was carried out, or to an adult member of his family.

If the search was carried out in the premises of an organization, then the protocol is handed over against receipt to a representative of the administration of this organization.

The search report must state:

1) in what place and under what circumstances objects, documents and valuables were found;

2) they were issued voluntarily or forcibly withdrawn.

All seized items, documents and valuables must be listed with an exact indication of their quantity, weight, individual features and, if possible, their value. If during the search attempts were made to destroy any objects, documents, valuables, then a corresponding entry is made in the protocol indicating the measures taken.

A protocol is drawn up on the conduct of a search and seizure, which is signed by the investigator, witnesses and other participants in this investigative action. The record must contain an indication of the explanation of the rights of the participants in the investigative action, reflect its progress and results. It is advisable to draw up a protocol after the completion of the search and seizure, and always at the place of their conduct. During the search, the investigator is advised to keep rough notes or use a voice recorder for the same purpose.

Photography is used to capture:

1) the general view of the searched object, its individual parts and individual features of the found items, when their detailed description in the protocol is difficult;

2) the places where the desired object was found, especially if it is a specially equipped hiding place;

3) items transferred for safekeeping;

4) signs important for the case;

5) corpses (of a person or animals) or their parts found during a search.

To record the actions carried out during the search (discovering and opening caches, indicating to the searched the place where the wanted objects are hidden, etc.), video recording and filming can be carried out.

Sound recording is carried out as a technical means that replaces rough notes during the search, which is especially important in cases where the search is conducted in conditions that make it difficult to keep records, and also when the searched person gives brief explanations that should be recorded as accurately as possible in the protocol. If the person being searched or replacing him expresses a desire to give detailed and lengthy explanations, the search is suspended for this time and an interrogation is carried out, during which sound recording can be used in accordance with the requirements of the criminal procedure legislation.

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.

57. CONCEPT AND TYPES OF PRESENTATION FOR IDENTIFICATION. PREPARATION FOR PRESENTATION FOR IDENTIFICATION

presentation for identification - an independent investigative action, which consists in identifying a previously perceived object according to its mental or other image.

Goal carrying out identification - identification of an object that was previously perceived by the identifying person in connection with the commission of a crime.

Forms of presentation for identification:

1) presentation to identify the object in kind;

2) presentation for identification by images.

Types of presentation for identification:

1) depending on the objects presented for identification:

a) people;

b) items;

c) animals;

d) corpses or their parts;

e) premises or areas of the terrain;

2) depending on the nature of the signs, with the help of which identification is carried out:

a) according to external morphological features;

b) according to functional features.

Preparation for identification:

1) interrogation of an identifying person;

2) selection of objects for identification;

3) selection of participants in an investigative action;

4) selection of time for the identification;

5) preparation of scientific and technical means for fixing the progress and results of presentation for identification.

During the interrogation, it is clarified from the identifying person when and under what circumstances he saw an identifiable person or an identifiable object, as well as signs and features by which he can identify a person or object. A person is presented for identification together with other persons, if possible outwardly similar to him, at least three persons are presented for identification together with the person being identified.

Similarity - a single sex, the absence of national differences, similarity in age, physique, height, clothing. The object is presented for identification in a group of homogeneous objects with a number of at least three, but not more than nine (the maximum number of objects is not limited by law, but according to the "Miller's Seven Law" a person can perceive and focus his attention on 7 objects).

Homogeneous items - items that have similar generic characteristics and a single name, similar to each other in appearance, shape, size, color, design and other features. The corpse can be represented in the singular. In case of damage to the head and face of the corpse, with the help of a specialist, a toilet or restoration of the corpse is performed.

Presentation for identification of a person is carried out in the following cases:

1) when the interrogated person declares that he does not know the person about whom he testified, but he saw him, remembers and can identify him;

2) when the interrogated person reports about one of his acquaintances, but the latter denies the testimony and claims that the interrogated person is unknown to him;

3) when it is necessary to establish the identity of a person who does not have documents or who has presented documents whose authenticity is in doubt.

Photo Requirements when conducting identification from a photograph, if it is impossible to present an identifiable object in kind:

1) uniform scale of submitted photographs;

2) the same type of paper on which the photographs are made;

3) the persons depicted in the photograph must be in the same position, have a similarity in appearance and clothing.

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.

59. CONCEPT AND CLASSIFICATION OF JUDICIAL EXAMINATIONS

Forensic examination - an independent investigative action, consisting in the production of a form of special research established by law by experts and their giving opinions on issues that have been put before them by authorized bodies and officials.

Subject of expertise - special knowledge in various areas of professional activity of a person.

Object of expertise - certain persons, physical evidence.

Expertise task - obtaining new evidence.

Forensic examinations are divided into classes, genera and types.

Types of forensic examinations:

1) by the nature of the instructions in the law:

a) mandatory;

b) optional;

2) by the nature of the tasks to be solved:

a) identification;

b) diagnostic;

3) by the nature of special knowledge:

a) forensic;

b) forensic;

c) forensic psychiatric;

d) forensic biological;

e) judicial and economic;

f) forensic psychological;

g) sanitary and epidemiological;

h) forensic pharmacological;

i) forensic veterinary;

j) forensic;

k) forensic environmental;

l) forensic accounting;

m) forensic merchandising;

n) forensic-odorological;

o) literary and art criticism;

p) forensic materials science;

4) according to the sequence of carrying out:

a) primary;

b) repeated;

5) according to the scope of the study:

a) basic;

b) additional;

6) at the venue:

a) in an expert institution;

b) outside the expert institution;

7) by number and composition of performers:

a) sole persons;

b) commissions;

c) complex.

Types of forensics:

1) forensic-trasological;

2 forensic ballistic;

3) forensic examination of bladed weapons;

4) forensic handwriting;

5) forensic technical examination of documents;

6) forensic-portrait;

7) forensic phototechnical.

Forensic institutions:

1) Ministry of Justice of the Russian Federation:

a) Russian Federal Center for Forensic Science (RFCSE);

b) central interregional and regional research laboratories of forensic examinations (TsNILSE and NILSE);

c) departments (branches) or expert groups of TsNILSE and NILSE in other cities of the subject of the Russian Federation;

2) Ministry of Internal Affairs of the Russian Federation:

a) forensic center (ECC) of the Ministry of Internal Affairs of the Russian Federation; research laboratory (RRL) EKC;

b) forensic departments (EKU) of autonomous republics, some territories, regions and large cities;

c) forensic departments (ECO) of regions and districts;

3) Ministry of Health of the Russian Federation:

a) Research Institute of Forensic Science;

b) bureau of forensic medical examination.

60. DETENTION TACTICS

Arrest - a measure of procedural coercion, which consists in the physical capture of the suspect, delivery to the body of inquiry, to the investigator or prosecutor and placing him in a temporary detention facility for a period not exceeding 48 hours.

Purpose of detention - to check the involvement of a person in the commission of a crime.

Grounds for detention:

1) the person was caught while committing a crime or immediately after committing it;

2) when victims or eyewitnesses point to this person as having committed a crime;

3) if obvious traces of a crime are found on this person or on his clothes, with him or in his dwelling;

4) if there are other data giving grounds to suspect the person of committing a crime.

Detention conditions:

1) existence of an initiated criminal case;

2) commission of a crime for which a punishment in the form of imprisonment may be imposed.

Motives for detention are in fear that the suspect:

1) hides from an inquiry, preliminary investigation or court;

2) may threaten a witness, other participants in criminal proceedings, to destroy evidence;

3) may continue to engage in criminal activity.

Detention is divided into types depending on:

1) places of detention:

a) indoors

b) in an open area;

2) the number of detainees at the same time:

a) single;

b) group;

3) preparedness for detention:

a) after appropriate training;

b) without preparation;

4) the detainee's awareness of the detention:

a) suddenly for the detainee;

b) when he is ready to be detained;

5) time of detention:

a) simultaneously;

b) non-simultaneous.

During the arrest, surprise, safety of the participants in the arrest and surrounding people, vigilance, fixing the traces of the crime must be ensured.

Preparation for detention includes:

1) collection of information about the person to be detained;

2) selection and study of the place of the forthcoming detention;

3) preparation and briefing of the task force;

4) drawing up a detention plan;

5) development of individual elements of detention;

6) development of tactical operations.

Detention tactics:

1) preliminary observation of the suspect;

2) choice of place, time and conditions of detention;

3) suddenness of capture for detainees;

4) ensuring security not only for members of the detention group, but also for persons who accidentally find themselves at the place where the capture is being carried out;

5) reasonable use of means of coercive influence on the detainee;

6) personal search and seizure of weapons and countermeasures;

7 announcement to the suspect that he has been detained;

8 delivery of the detainee to the body of inquiry, to the investigator or prosecutor.

Not later than 3 hours from the moment of detention, a protocol must be drawn up in triplicate on a special form. Within 12 hours from the moment of detention, the investigator must notify the prosecutor about this in writing. The fact of resisting the detainee or his attempt to throw away any object of his is recorded in the protocol.

61. FIGHTING TACTICS

Confrontation - independent investigative action, which consists in alternate interrogation of persons previously interrogated for the same circumstances of the case in order to eliminate significant contradictions in their testimony. It is not recommended to interrogate more than two persons, since an unscrupulous interrogator will have time to additionally think over the answers to questions.

Face-to-face tasks:

1) general:

a) verification of available evidence;

b) obtaining new evidence;

c) establishing the truth on disputable circumstances;

2) specific:

a) overcoming the conscientious delusion of the interrogated person;

b) exposing the lies of one of the interrogated;

c) exposing a false alibi;

d) exposure of self-incrimination or slander by one person being interrogated by another;

e) exposure of staged crimes;

e clarification of the causes of the origin of significant contradictions;

g) study of the identity of the person being interrogated;

h) verification and evaluation of investigative leads.

Preparing for a confrontation:

1) study of the testimony of persons between whom it is proposed to conduct a confrontation;

2) revealing the essence of the contradictions in them and the reasons for their origin;

3) determining the sequence of confrontation;

4) choice of time and place for the confrontation;

5) study of the volitional qualities of each of the participants in the confrontation;

6) determination of the participants in the confrontation;

7) preparation of scientific and technical means for recording readings;

8) drawing up a written plan for conducting this investigative action.

Tactics for activating the memory of conscientiously deluded persons:

1) providing the participant of the confrontation with the initiative in the study of controversial issues;

2) consideration at a confrontation of controversial issues in the reverse order of the development of events;

3 confrontation at the scene;

4 presentation of evidence to revive the associative links of memory.

Tactical techniques aimed at exposing lies:

1) the use at a confrontation of the testimony of a suspect (accused) confessing to a crime;

2) presentation of evidence at a confrontation, when the interrogated stubbornly denies the established facts;

3) conducting a confrontation in combination with an interrogation (if during the interrogation there are disagreements with the testimony of previously interrogated persons, then the interrogation is interrupted for a confrontation);

4) the use of weak points in the psyche of an unscrupulous participant in a confrontation;

5) suppression of lies of one participant in the confrontation with emphasis on the truthful testimony of another;

6) use of the positive aspects of the personality of an unscrupulous participant;

7) masking the purpose of confrontation;

8) creating the impression that one participant fully confessed to the crime;

9) slow rate of confrontation (used when one of the interrogated too quickly and broadly answers questions, in this case clarifying questions are used to slow down);

10) an accelerated rate of confrontation;

11) conducting repeated face-to-face confrontations;

12) presentation for identification before the confrontation.

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.

63. CONCEPT AND STRUCTURE OF CRIMINALISTIC METHODOLOGY

Methodology for investigating certain types of crimes - a branch of criminalistics that studies the patterns of organization and implementation of the disclosure, investigation and prevention of certain types of crimes in order to develop, in accordance with the requirements of procedural legislation, scientifically based recommendations for the most effective preliminary investigation.

Such patterns can be expressed in particular in the conduct of certain investigative actions in the investigation of certain types of crimes, in the establishment of circumstances to be proven.

Forensic methodology has the following tasks:

1) general - rendering assistance to law enforcement agencies in the fight against crime;

2) special tasks: studying the experience of disclosing and investigating certain types of crimes, developing evidence-based methodological recommendations for investigating and disclosing certain types of crimes.

The forensic methodology system includes:

1) general methods - the theoretical foundations of forensic methods:

a) subject, system, tasks, principles, sources of forensic methodology;

b) the connection between the methods of investigating crimes and other sciences;

2) private methods - a system of theoretically based recommendations that are applied in nature and are addressed to investigators (interrogators) in order to achieve more effective results in the detection, investigation and prevention of crimes of various types.

The sources of forensic techniques are:

1) norms of criminal procedure legislation;

2) practice of disclosure, investigation and prevention of crimes;

3) knowledge of the general provisions of forensic science, forensic technology, forensic tactics and other sciences (psychology, criminology, etc.).

Principlestaken into account when developing private forensic techniques are the main provisions that should be taken into account when developing private forensic techniques.

Recommendations for the investigation of certain types of crimes are given in accordance with the stages of the investigation. The following investigation steps:

1) the initial stage - the stage of production of initial investigative actions aimed at discovering and fixing evidence, ends with the implementation of urgent investigative actions;

2) the subsequent stage - carrying out subsequent investigative actions and operational-search measures, is aimed at collecting sufficient evidence to give grounds for accusing a person of committing a crime;

3) the final stage - begins from the moment the production of investigative actions is terminated and ends with the direction of the case to the prosecutor with an indictment.

Through the efforts of forensic scientists and legal practitioners, a large number of investigative techniques of various genres have been created. They are fixed in manuals, reference books published for investigators and bodies of inquiry.

64. CONCEPT AND CLASSIFICATION OF PRIVATE INVESTIGATION TECHNIQUES

Private investigation technique - part of the forensic methodology for investigating certain types of crimes, which provides recommendations for the investigation of various types of crimes.

Classification of private methods:

1) by volume:

a) complete - are developed for the entire process of investigating any type of crime;

b) abbreviated - guidelines for any one stage of the investigation;

2) depending on the attitude to the criminal law:

a) typical - methods built depending on the type of crimes;

b) special - methods, where the place of the crime, the identity of the offender or the victim (for example, the investigation of crimes in water or air transport) can be the grounds;

3) depending on the number of types of crimes:

a) comprehensive recommendations - are developed to investigate two or more related types of crimes;

b) specific;

4) in form:

a) practical and methodological aids;

b) textbooks;

c) monographs;

d) dissertation research;

e) other scientific works.

The structure of a private technique:

1) forensic characteristics - a set of features that are characteristic of a certain type of crime and are important for the investigation and prevention of crimes;

2) circumstances to be proven;

3) a crime investigation program - is developed taking into account typical investigative situations, for each investigative situation, its own algorithm of the investigator's actions is developed;

4) features of the tactics of preparing and conducting the most characteristic investigative actions;

5) features of the investigator's measures to identify and eliminate the causes and conditions that contribute to the commission of a crime.

Principles for developing investigation methods:

1) the conditionality of these developments by the needs of investigative practice (with this in mind, the topics of the methods, their structure, the range of issues under consideration, the solution of which requires methodological and forensic support, are determined);

2) taking into account and implementing the principle of legality when disassembling methodological recommendations (recommendations should proceed from the orientation of practitioners to the steady observance of the law, they must comply with the spirit and letter of the law and form a respectful attitude towards it);

3) complex use of legal and other sources of information (including: typical forensic models, data from criminal, economic statistics, legal and non-legal literature);

4) the use of the latest achievements of scientific and technological progress and advanced investigative experience, other areas of practical activity;

5) taking into account the connection and continuity between ongoing and previously conducted research in the same forensic field, between put forward and existing concepts;

6) the conditionality of the scientific development of methodological recommendations by the characteristics of the objects under study (investigated in criminal cases, events, criminal and investigative situations, etc.).

65. CONCEPT AND SIGNIFICANCE OF CRIMINALISTIC CHARACTERISTICS OF CRIMES

Each characteristic is a description of the essential aspects, properties, regularities of the object of reality reflected in it as a whole or some of its components, fragments in which it differs from other objects of the surrounding world.

The originality of the forensic characteristics of crimes determined by two things:

1) features of the reality reflected in it and its features;

2) the specifics of the goals of such reflection.

Exist three levels of forensic characteristics:

1) the level of an individual act;

2) special level;

3) general level.

The approach at the individual level involves a forensic characterization of a specific act as a one-of-a-kind, unique phenomenon of reality. The other two levels symbolize one common coordinate system for them, but different from the previous one - consideration of the forensic characteristics of crimes in its generalized standard version.

From this point of view, the forensic characterization of crimes can be represented as a typical information model that reflects the typical, necessarily recurring features of a certain class of crimes. It carries knowledge about what is characteristic of all phenomena of the studied set.

At the special level are developed forensic characteristics:

1) certain groups of forensically similar to some extent types of crimes (crimes committed by convicts in correctional institutions; crimes committed by minors; crimes committed by repeat offenders; crimes committed by vagrants);

2) certain types of crimes (for example, thefts, murders);

3) certain types of crimes (for example, murders involving the destruction of the corpse of the victim).

At the general level, the foundations of the forensic characteristics of the totality of various crimes are being developed. They are formed by studying and comparative analysis of the forensic characteristics of individual groups, types and varieties of crimes. Such a characteristic plays a guiding role, acts as a theoretical basis for the development and improvement of typical forensic characteristics of certain categories of crimes, determines a uniform approach to understanding the essence, structure, forms and methods of using the data contained in them. From the point of view of applied scientific research and investigative practice, the most significant are the forensic characteristics of certain categories of crimes. Each of these characteristics is a systematic description and explanation of a investigatively and forensically significant set of features of a given object (several similar types, a separate type or variety of crimes), its connections and relationships that are essential for the scientific and practical solution of the problem of identifying and solving crimes of the corresponding category.

66. CRIMINALISTIC CHARACTERISTICS OF MURDERS

Murder - intentionally causing death to another person (Articles 105-108 of the Criminal Code of the Russian Federation).

Depending on the volume and nature of the primary information available to the investigator at the time of the initiation of a criminal case, all killings can be divided into two groups:

1) so-called obvious murders, the fact of the commission of which is beyond doubt and at the beginning of the investigation of which the person who committed this crime is known;

2) murders committed in conditions of non-obviousness.

Circumstances to be proven in murder cases:

1) the fact of murder;

2) place, time and method of causing death;

3) who committed the crime, who was an accomplice, how the accused is characterized;

4) the guilt of the accused, the form of guilt, the motives for committing the crime;

5) the identity of the victim;

6) circumstances mitigating or aggravating the responsibility of the accused;

7) what is the nature and extent of the damage caused as a result of the murder;

8) if a premeditated murder has been committed, whether there was a concealment promised in advance;

9) circumstances mitigating and aggravating punishment;

10) circumstances precluding criminality and punishability of the act;

11) circumstances that may entail exemption from criminal liability and punishment;

12) causes and conditions conducive to committing a murder.

Methods of committing murders involve active actions of the perpetrator, they are expressed:

1) in the direct infliction of bodily harm to the victim with the help of various tools;

2) in bringing the victim into a helpless state with subsequent infliction of bodily harm, strangulation, leaving in life-threatening conditions;

3) throwing the victim from a height;

4) throwing the victim out of a moving vehicle;

5) in the introduction of poisonous substances into the body of the victim.

The commission of premeditated murder is accompanied by the appearance of specific traces, indicating both the violent nature of the crime being investigated, and its individual circumstances. To similar I follow traces include:

1) fighting at the scene:

a) bodily injuries on a corpse or a victim of violence;

b) weapons and other items forgotten or thrown away by the offender at the scene;

c) damage to the victim’s clothing;

2) biological origin (blood, sperm, saliva, hair, etc.):

a) teeth and nails on the body of the offender, received by him in the course of resisting him by the victim;

b) the fibers of the clothes of the offender and the victim, transferred from one to the other in the process of their physical contact.

After committing a murder, the criminal seeks to escape from the scene of the crime as quickly as possible, often before that he takes measures to disguise the corpse. If the murder is committed near the killer's place of residence, then he often seeks to hide the corpse as far as possible from the place of the murder, sometimes the corpse is dismembered for this. After hiding the corpse, the killer puts his appearance in order. If his clothes are damaged during resistance, then they are washed and repaired.

67. INITIAL STAGE OF MURDER INVESTIGATION. IDENTIFICATION OF UNIDENTIFIED CORSE

According to various typical investigative versions, various investigative actions are being carried out.:

1) the murder was committed in conditions of evidence, when the victim and the suspect are known:

a) detention;

b) personal search;

c) examination of the suspect;

d) inspection of the scene;

e) interrogation of a suspect;

f) interrogations of eyewitnesses;

g) ordering a forensic medical examination of the corpse and other examinations;

2) Murder in which the victim is known but the suspect is unknown:

a) inspection of the scene;

b) interrogation of witnesses;

c) appointment of forensic and forensic examinations;

3) murder in the absence of a person (the suspect is known, the victim is unknown):

(a) Interrogations as witnesses of the relatives and acquaintances of the disappeared person, his colleagues and other persons who may know something about the event;

b) inspection and search of the place of the alleged murder;

c) inspection and search in places of possible concealment of the corpse;

d) appointment of forensic and other examinations;

e) carrying out operational-search activities;

4) murder upon discovery of an unidentified corpse or parts of a dismembered corpse:

a) inspection of the scene of the incident and the corpse (a detailed description of the corpse, its clothes, items that are with it);

b) interrogations of persons who discovered the corpse;

c) appointment of forensic medical examinations;

d) presentation of a corpse or its parts for identification;

e) carrying out operational-search activities;

5) discovery of the corpse of a newborn:

a) inspection of the scene of the incident;

b) interrogation of persons who discovered the corpse;

c) appointment of forensic and other examinations;

d) carrying out operational-search activities;

6) in the event of the disappearance of a newborn (the victim is known, the suspect is unknown):

a) interrogations as witnesses of the relatives of the disappeared person and persons who may know something about the incident;

b) inspection and search of the place of the alleged murder;

c) inspection and search in places of possible concealment of the corpse;

d) appointment of forensic and other examinations;

e) carrying out operational-search activities.

In any typical investigative case, the unidentified corpse is necessarily fingerprinted, its profiles are photographed, and an identification card of the established type is drawn up in two copies. One copy of it is then sent to the territorial information center of the Ministry of Internal Affairs, the Department of Internal Affairs, and the second to the Main Information Center of the Ministry of Internal Affairs of the Russian Federation, to the file of unidentified corpses. In order to identify the corpse, it should also be presented to local residents. If the face is dirty or disfigured, the corpse is toileted before presentation. It is advisable to make a post-mortem plaster mask from the face of the corpse, which has some advantages over photographs both when presented for identification and during portrait examinations, since they contain a number of additional identification features. For identification purposes, as well as for the purpose of expert research, hair samples are taken from the corpse.

68. SUBSEQUENT MURDER INVESTIGATION. FEATURES OF INVESTIGATIVE ACTIONS

This stage is aimed at obtaining all the evidence necessary to send an indictment to the prosecutor's office, its duration depends on the quantity and completeness of the evidence obtained at the first stage. If at the first stage, during the interrogation of a suspect or accused, he confessed to committing a crime or fully admitted his guilt, then at this stage it is necessary to find confirmation of his guilt, since self-incrimination is quite common. If the suspect or the accused at the first stage admitted his guilt not in full, then it becomes clear to him what exactly he admits his guilt and then evidence is collected aimed at finding the culprit in the rest of the volume, it can be either a participant in this case , or another person. If initially the suspect or the accused did not admit his guilt, then the search for further evidence is aimed at finding the perpetrator of the crime.

In order to search for new evidence, repeated interrogations of the persons participating in the case are carried out, since in their course data on previously unknown circumstances may arise, or the false testimony of the interrogated persons may be refuted. In the course of repeated searches and searches of premises not previously searched, new material evidence may be discovered.

When examining the scene of the incident, the following are subject to investigation:

1) the situation of the scene;

2) corpse;

3) traces of a struggle and other traces that testify to the violent nature of the crime and its individual circumstances;

4) traces of biological origin;

5) items belonging to the perpetrator and his victim, located at the scene.

To avoid damage to the corpse, the inspection should be carried out as soon as possible, moving from the center to the periphery. If the corpse is not identified during inspection, a detailed description of the corpse, its clothing, objects with it, and the surrounding area is entered into the protocol. When examining a corpse with damage caused by a firearm, traces of a shot on the body and clothing of the corpse must be examined and recorded in the protocol. The protocol indicates the number of damages, their location and relative position, the size and condition of the edges, the presence of a stamping mark, the configuration, area and nature of the deposition of soot, gun lubricant, and grains of unburnt gunpowder. During the examination of a corpse removed from the noose, the nature, direction, width and depth, color of the strangulation groove, the display of the material of the noose in it are carefully studied, the presence and location of cadaveric spots, their color and other features, the existence of traces of involuntary urination and defecation are recorded in the protocol . In cases indicating poisoning, traces of chemicals on the clothes and body of the corpse, burns of the skin and mucous membranes are described, the presence of vomit, blood, characteristic odors, and specific cadaveric phenomena indicating the occurrence of death from a particular poison are noted. When examining a corpse removed from the water, in addition to recording the physical injuries present on it, attention is drawn to the presence of foam in the mouth and nose.

69. PECULIARITIES OF THE INVESTIGATION OF CERTAIN TYPES OF MURDERS (HOUSEHOLD, SERIAL, CUSTOM)

Typical investigative situations in domestic murder with a firearm are as follows:

1) the murder is associated with cases of sudden conflicts and personal quarrels between the future offender and the victim;

2) the murder is associated with hostile relations that lasted for a long time, between well-known people.

The killer is usually a man between the ages of eighteen and fifty, abusing alcohol or drugs, characterized by antisocial behavior, rudeness, cruelty, often increased sexual excitability and disrespectful attitude towards women, previously, as a rule, brought to criminal responsibility. Among these killers, cases of mental illness are not uncommon, often during the investigation it turns out that they need treatment for alcoholism or drug addiction.

contract killing (murder for hire) - a murder committed on the order of a criminal group or individual. The killer is almost always a person who has undergone special training during military service and has high intellectual abilities and knowledge in the field of forensics. Usually the victims are entrepreneurs, business managers, politicians, and journalists. Murder is committed with the help of a firearm or bladed weapon, or an explosion. The commission of a crime is preceded by careful preparation with research into the lifestyle of the victim and those around her.

Serial killings - killings of several persons by one person or a constant group of people over a long period of time. Often the killer is a person suffering from mental illness. Victims always have common characteristics. Almost always the crime is accompanied by rape. The murders are committed in a particularly cruel way, accompanied by prolonged severe torment of the victim. To investigate serial murders, it is advisable to create investigative teams. During the investigation, the common features of the victims and the common methods of murder are revealed.

Murder сcommitted with the subsequent concealment of the corpse and the inability to detect it. When a missing person is reported missing, the fact of the disappearance is verified. This is done in order to accurately establish whether there is another explanation for his absence other than murder with concealment of the corpse, bearing in mind that the long unknown absence of the disappeared person can be explained, for example, by leaving for another area without informing anyone about it, sudden death in the absence of personal documents from the deceased, which makes it impossible to notify the relatives of the deceased, reluctance to inform relatives about his whereabouts, etc.

The initial investigative actions in the investigation of such murders are:

1) interrogation of the applicant - the person who reported the disappearance of a person;

2) an inspection, and often a search, of the premises at the place of residence of the disappeared;

3) inspection or search of the area where the corpse or parts thereof can presumably be hidden;

4) interrogations of family members and other relatives, as well as colleagues and neighbors of the disappeared.

70. CRIMINALISTIC CHARACTERISTICS OF RAPE. METHODS FOR DISCOVERING STAGE-RAPE

Rape - sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or using the helpless state of the victim.

There are different types of rape depending on:

1) aggravating circumstances:

a) without aggravating circumstances;

b) rape of minors and minors;

c) committed by a person who has previously committed violent acts of a sexual nature;

d) resulting in the victim's suicide and other grave consequences, etc.;

2) nature of the relationship between the victim and the suspect:

a) committed by a person known to the victim;

b) committed by an unknown criminal;

3) features of the method of suppressing the will of the victim:

a) with the use of physical violence;

b) with the use of mental violence;

c) using the helpless state of the victim.

Circumstances to be determined:

1) whether the fact of sexual intercourse referred to in the application took place, if so, when and where;

2) whether violence took place and what character it had;

3) who the victim is, whether she is a minor, physically or mentally ill, how the victim is characterized;

4) who committed the rape, whether it was committed by a group of persons, the degree of guilt of each of them and the circumstances characterizing the personality of the accused;

5) what are the consequences of rape, are they particularly serious, has the raped person suffered material damage;

6) the reasons and conditions that contributed to the commission of rape;

7) circumstances mitigating or aggravating punishment;

8) circumstances precluding criminality and punishability of the act;

9) circumstances that may entail exemption from criminal liability and punishment.

Places of rape can be:

1) apartments;

2) sheds, attics, basements;

3) various outbuildings;

4) plots, forest and other places.

Staged rape - a false statement by a person about the fact of rape, committed for various purposes.

Signs of a staged rape:

1) traces found that should not exist;

2) the absence of traces that should be there;

3) the state of the discovered traces does not correspond to the state in which they should have been located.

In order to expose the staging, the investigator builds mental models of the incident based on the data obtained during the investigation, establishes the unreality and reality of the consequences from these models, provides a comparative analysis of non-excluded consequences, selects the most possible model of what happened and obtains new data that additionally confirm the chosen model. If this model of the incident differs from the description of the incident by the victim and is more realistic, then a conclusion is made about the staging. To obtain additional facts confirming the staging, it is possible to conduct a forensic medical examination aimed at establishing the fact of staging.

71. TYPICAL INVESTIGATION VERSIONS AND SITUATIONS DURING THE INVESTIGATION OF RAPE

Depending on the typical investigative situations in the investigation of rape, various investigative actions are carried out:

1) the victim names a person she knows as a rapist:

a) interrogation of the victim;

b) examination of the victim;

c) inspection and seizure of her clothes;

d) inspection of the scene;

e) appointment of a forensic medical examination of the victim and a forensic medical examination of material evidence;

f) detention of a suspect;

g) personal search of the suspect;

h) inspection and seizure of the suspect's clothing;

i) interrogation of witnesses;

j) search of the suspect’s place of residence;

2) rape was committed by a person unknown to the victim:

a) interrogation of the victim;

b) examination of the victim;

c) inspection and seizure of her clothes;

d) inspection of the scene;

e) the appointment of a forensic medical examination of the victim and a forensic medical examination of physical evidence, if any secretions of the rapist are found on the victim;

f) appointment of forensic (trace) examinations;

g) carrying out operational-search activities. In cases of rape, forensic experts may be questions:

1) whether the integrity of the hymen is broken in the victim and when;

2) whether it is possible to have sexual intercourse with the victim without violating the integrity of the hymen;

3) whether the victim lived a sexual life;

4) whether there are traces on the body of the victim, characteristic of a forced sexual intercourse;

5) whether the victim is pregnant.

For the study of hair, traces of blood, semen and other secretions of the human body, a forensic biological examination is assigned, and cytological studies are assigned to study the skin epithelium found under the nails of the victim. The study of overlay traces, for example, the fibers of the victim's clothes on the clothes of the suspect, is carried out by a forensic examination of materials, substances and products. Depending on the specific circumstances of the case, ballistic, pyrotechnic, chemical, toxicological and other types of examinations may also be appointed.

During the interrogation, the victim is asked questions aimed at clarifying:

1) events preceding the crime;

2) the circumstances of the crime committed;

3) events that followed the commission of the crime;

4) facts contributing to the identification of the offender.

If there are assumptions that similar crimes were committed by the perpetrator repeatedly, suspended and terminated criminal cases of this category, abandoned materials are analyzed. When establishing the perpetrator and when this person is known to the victim, the task of the investigator is to verify his involvement in the commission of the crime. For this purpose, the suspect is interrogated, subjected to examination, his clothes are seized and examined. In order to find the clothes that the suspect was wearing at the time of the crime, as well as items that were with him at that moment, a search is conducted at his place of residence.

72. CRIMINALISTIC CHARACTERISTICS OF THEFT

Methods of theft can be divided into two large groups:

1) theft of valuables recorded on the balance sheet of the enterprise;

2) theft of valuables not recorded on the balance sheet of the enterprise.

In case of theft, the following circumstances are to be established:

1) a specific official or non-official to whom the property was entrusted, the motives for his criminal actions, the characteristics of this person at the place of work and residence, the presence of his property subject to confiscation or seizure to compensate for the damage caused;

2) the composition of the criminal group in group cases, the role of each of its members - the leader of the group, active and secondary participants;

3) the degree and nature of the responsibility of each of the robbers;

4) the method of committing and concealing the theft;

5) the time during which the thefts were committed, the time of each criminal operation and the place where the theft was committed - in general and in relation to individual episodes, the nature and extent of the damage caused by the entire group and each of the participants individually;

6) the type, size, period and reasons for the formation of shortages or surpluses of inventory items and funds, if any;

7) causes and conditions that contributed to the theft.

Depending on typical investigative situations, various investigative actions are carried out:

1) initiation of a criminal case based on the operational-search data of the OBEP apparatus:

a) red-handed arrest;

b) personal search of detainees, search at their place of work and residence, seizure of their property;

c) inspection of documents, if necessary, their seizure;

d) inspections and, if necessary, seizure of items that could be material evidence, inspections of production, storage and administrative premises; inspections of various equipment;

e) interrogation of suspects and some witnesses;

2) initiation of a criminal case based on official materials:

a) inspection and, if necessary, seizure of documents related to the operation recognized by the audit as unfounded;

b) interrogations of persons responsible for the abuses identified by the audit;

c) searches of these persons in order to find objects and documents that may be material evidence, as well as property that may be confiscated by a court decision, an inventory of this property;

d) interrogations of witnesses indicated in the audit materials;

3) the initiation of a criminal case upon the arrest of robbers red-handed, carried out without any preliminary verification. In such a situation, the nature and sequence of actions of the investigator and the operative worker of the Economic Crime Department in the event of an unforeseen arrest of robbers red-handed without preliminary verification are determined by the specific criminal situation;

4) initiation of a criminal case based on press materials, statements of citizens. The sequence of actions of the investigator is determined by the data set out in the press materials, statements of citizens. When acting in the second-fourth situations, the investigator must proceed from typical generic versions:

1) there is a theft;

2) there was no theft, any violations are possible that are not of a criminal nature or have signs of another crime.

73. FORENSICAL CHARACTERISTICS OF THEFT

There are the following types of theft:

1) state or public or personal property of citizens from the premises;

2) personal property of citizens not related to entry into the premises;

3) committed by abuse of trust;

4) from automatic storage rooms;

5) vehicles, etc.

In case of theft, the following circumstances are to be established:

1) the fact of theft;

2) time, place and conditions of its commission;

3) the item of theft, its value, signs;

4) who owned the stolen property;

5) the manner in which the theft was committed;

6) who committed the theft;

7) whether the theft was committed by a criminal group, if so, the degree of guilt of each member of the group;

8) place, time and method of sale of stolen goods;

9) circumstances mitigating or aggravating the responsibility of the perpetrators;

10) the conditions that contributed to the commission of the theft.

Typical investigative situations in case of thefts are:

1) a person suspected of committing a crime has been detained.

The task is to collect evidence of the person's involvement in the crime. Approximate program of actions of the investigator:

a) detention, personal search, if necessary - examination of the suspect;

b) inspection of the scene; interrogations of victims (or financially responsible persons) and witnesses;

c) interrogation of the suspect;

d) search at the place of residence of the suspect;

2) the person suspected of committing a crime has not been detained, but there is certain information about his identity.

The main direction of the investigation is the study of the material situation of the crime committed, the collection and consolidation of evidence about suspected persons, stolen property or valuables, and other circumstances of the crime. Approximate sequence of initial investigative actions:

a) interrogation of victims or financially responsible persons;

b) inspection of the scene of the incident;

c) interrogation of witnesses;

d) appointment of forensic examinations.

Relevant operational-search measures are also being carried out;

3) law enforcement agencies have little or no information about the person who committed the crime.

The actions of the investigator are characterized by a predominantly research and search orientation. At the same time, the main task is to obtain data on the committed crime using non-procedural means. This situation, in addition to the investigative actions listed above, is characterized by operational-search measures aimed at:

a) identification of the person who committed the crime;

b) search for the stolen;

c) verification of the method of committing the crime, traces found at the scene, signs of stolen property using forensic records, other activities are carried out.

You should inspect the place of the burglary (if the theft was committed with burglary), then the scene itself and then the surrounding area. Various examinations can be assigned, for example, forensic merchandising, during which you can find out the name, price, article number, grade and other characteristics of goods; the similarity of the items seized from the suspect with those stolen.

74. CRIMINALISTIC CHARACTERISTICS OF ROBBERIES AND ROBBERY ATTACKS

Robbery - open theft of another's property.

Robbery - an attack for the purpose of stealing someone else's property, committed with the use of violence dangerous to life or health, or with the threat of using such violence.

Typically, crimes of this type are committed against a small value of property, they are spontaneous, committed without preparation. Crimes committed against the property of government or commercial entities are much less common, but they are almost always preceded by a thorough investigation. Assistance with resumes writingwhich includes:

1) selection of the object on which it is intended to attack;

2) study by criminals of the object of attack and the situation in which they have to act;

3) preparation of weapons or items that replace them, which are necessary for criminals to enter the premises, suppress the resistance of the victim, vehicles to move to the object of attack and transport the stolen, usually a taxi is used for this or a car is stolen;

4) the choice of a method of concealing a crime - the removal, exportation, hiding or sale of stolen property, the clarification of such facts that can serve as a compromising circumstance for the victim of the attack and a serious obstacle when the latter tries to report the committed robbery.

The category of victims of robbery attacks most often includes the elderly, women, minors, persons who are in a state of alcoholic intoxication, i.e. persons who cannot provide effective resistance to criminals. Among the victims, a group of wealthy citizens with large amounts of money, jewelry, jewelry, etc. can be distinguished.

Circumstances to be determined:

1) the place, time, circumstances of the robbery or robbery;

2) the method of committing the crime; whether physical or mental violence was used and what exactly it was expressed in; whether a weapon was used, what kind of weapon; whether the criminal used a vehicle and what kind of vehicle, its characteristics;

3) whether the preparation preceded the crime, what kind, when it was carried out, with whom;

4) whether the offender used methods to conceal the crime and which ones;

5) against whom the robbery or robbery was committed; whether and what kind of bodily harm was caused to the victim, whether the ability to work was lost;

6) what exactly was stolen and to whom the stolen belongs;

7) who committed robbery or robbery, signs of a criminal, ways of disguising his appearance;

8) how many people participated in the robbery or robbery, the presence of a prior agreement between them, the composition of the group, the conditions for its formation, the role of each in the commission of a crime; whether these persons committed other crimes, which ones, when, where, whether they had a connection with this robbery (robbery);

9) the presence of accomplices, instigators, concealers of the stolen, traffickers; data characterizing their personality;

10) what circumstances contributed to the robbery or robbery.

75. METHODOLOGY OF INVESTIGATION OF ROBBERIES AND ROBBERY ATTACKS

Depending on typical investigative situations, various investigative actions are carried out:

1) a person suspected of committing a robbery or a robbery is detained at the scene of the crime or immediately after it has been committed:

a) detention of the suspect, his personal search, if necessary - examination;

b) interrogation of the victim, if necessary - inspection of his clothes and examination;

c) inspection of the scene;

d) interrogation of a suspect;

e) search at the place of residence of the suspect; interrogation of eyewitnesses;

f) appointment of forensic, forensic and other examinations;

2) the person suspected of committing a crime has not been detained, but the investigator has at his disposal information that allows organizing his search and detention:

a) interrogation of the victim, his examination and examination of clothing;

b) inspection of the scene of the incident;

c) questioning of witnesses;

d) appointment of forensic examinations;

e) operational-search activities;

3) there is no or almost no information about the person who committed the crime at the disposal of law enforcement agencies.

In this case, in addition to the investigative actions mentioned above, operational-search measures aimed at identifying suspects and searching for the abducted are also characteristic.

The interrogation of the victim in cases of robbery and robbery is carried out immediately after receiving a report on the crime. If the victim is taken to the hospital, his interrogation is carried out with the consent of the attending physician and, if possible, recorded on tape.

The purpose of a personal search of a suspect after detention is to find and seize weapons, items stolen from the victim, as well as things that clearly do not belong to the detainee and, possibly, stolen during other robberies or robberies.

The purpose of a search in the premises in cases of this category is to detect:

1) stolen;

2) items that could be used as weapons; clothes that obviously do not belong to the suspect and his family members, etc. Often, during the search, it is possible to find materials and semi-finished products for the manufacture of weapons, as well as means of disguising criminals, clothes and shoes that were on the suspect at the time of the crime.

During the interrogation of the suspect, if he admits his guilt, it is necessary to find out in detail all the circumstances of the crime; where the stolen is hidden; how much he received as a result of the sale of the stolen; who can confirm his testimony, etc. It is also necessary to find out if the interrogated person has committed robberies or robberies before.

If the interrogated person does not confess to the deed, he should be invited to tell in as much detail as possible about where he was and what he was doing at the time of the crime, and also to name persons who could confirm his testimony.

When investigating crimes of the types under consideration, forensic examinations are usually appointed: forensic (trasological and ballistic), forensic (living persons and material evidence), forensic soil science, materials science, etc.

76. CRIMINALISTIC CHARACTERISTICS OF ASSIGNMENTS AND WASTE

The characteristic features of appropriation in modern conditions are:

1) active adaptation of robbers to new forms and methods of entrepreneurial activity;

2) making assignments under the guise of concluding and exercising legal civil law contracts on behalf of legal entities;

3) direct or indirect involvement in criminal activities of banking structures;

4) cooperation of robbers with ordinary criminality, including organized criminal groups. Forms of misappropriation vary depending on the field of activity of the offender, the subject of the offense and other factors, but there are several common methods, applied regardless of the specifics of the enterprise where the criminal works:

1) embezzlement of funds received under the report for the needs of this enterprise;

2) payment for actually not performed work;

3) inclusion in the payroll of dead souls;

4) receipt of funds from the cash desk of the enterprise on the basis of fictitious documents (forged estimates, business trip reports, hospitality expenses, etc.);

5) appropriation of raw materials, semi-finished products, finished products, equipment and other property belonging to the enterprise.

The circumstances to be established are:

1) the event of appropriation (time, place, method and other circumstances);

2) the guilt of the accused and the motives for the misappropriation;

3) the circumstances that contributed to the appropriation;

4) the nature and extent of the damage caused by the misappropriation;

5) circumstances affecting the degree and nature of the responsibility of the accused, as well as other circumstances characterizing the personality of the thief. Usually, to establish the fact of embezzlement, enterprises carry out audits, checks, including audits, and inventory. Based on the data from these checks, the issue of initiating a criminal case is decided.

An inventory may be ordered at the request of the investigating authorities. In this case, an inventory commission is created, which includes a representative of the enterprise administration (or head), representatives of the audit commission, accountants, financially responsible persons and employees of the bodies of inquiry (the participation of the latter is optional, but recommended). Before the inventory is carried out, the premises are sealed. For a deeper study of the situation in the production and economic activities of the enterprise, a documentary audit may be appointed.

As witnesses in cases of misappropriation, the following are interrogated:

1) applicants who applied to law enforcement agencies with a report about the fact of theft known to them;

2) performers and eyewitnesses of production and technical support operations related to the appropriation mechanism;

3) accounting and banking employees who carried out the relevant financial transactions;

4) participants in the preparation, conclusion and technical support of transactions that covered up the illegal actions of plunderers;

5) employees of regulatory authorities, audit organizations, the audit commission of the enterprise;

6) employees of firms - business partners of the enterprise where the assignment was made.

77. FORENSIC DESCRIPTION OF FRAUD

Fraud - stealing someone else's property or acquiring the right to someone else's property by deceit or breach of trust.

In case of fraud, the following circumstances are to be established:

1) whether fraud occurred;

2) place, time, conditions, method of committing fraud; who was an eyewitness to the crime;

3) presence of criminal intent;

4) the subject of fraud, how much money was illegally obtained by the fraudster;

5) the object of encroachment (state or public organization, commercial structure, private person);

6) data on the identity of the offender (place of work, job description, criminal record, motives, methods of crime, role in a criminal group, previously committed crimes);

7) data on the fraudulent criminal group and other persons involved in its actions (composition, number, technical equipment and armament, connection with corrupt elements, specialization);

8) data on the identity of the victim, the circumstances of contacts with the fraudster;

9) the circumstances that contributed to the commission of fraud.

If fraud is committed under the guise of a legal entity, the following are also subject to establishment:

1) the legal status and organizational and legal form of such a person; availability of a license to carry out ongoing transactions and operations;

2) compliance with the rules for the issuance and circulation of securities, currency, customs and other legislation, etc.

Typical investigative versions at the initial stage are:

1) the fraud took place under the circumstances reported by the applicant;

2) it was not fraud, but another crime (extortion, robbery, etc.);

3) a legitimate civil law transaction (loan, exchange, purchase and sale) has taken place.

According to the availability of data on the identity of the offender, typical situations in which various investigative actions are carried out can be distinguished:

1) the fraudster is known and detained during fraudulent activities or immediately after they are committed:

a) personal search of the suspect and his interrogation;

b) examination of material evidence seized during the search; inspection of the scene;

c) interrogation of the victim and witnesses;

2) the fraudster is known, but he is hiding.

One of the main tasks in this investigative situation is the search for a fraudster. In addition to the interrogation of the victim, witnesses, examination of material evidence, the following are carried out:

a) orientation of the units of the internal affairs bodies to search for the suspect;

b) organization of operational-search activities;

c) taking measures to study the identity of the suspect and the places of his possible stay;

3) the fraudster is known, but his actions are veiled as legitimate transactions.

Such a situation is characterized by the study of the nature and legal basis of the operations carried out by the suspect, which includes the seizure of documents accompanying the fraudulent transaction, the identification and interrogation of officials involved in it, the study of the legislation governing such operations;

4) the fraudster is unknown:

a) drawing up a subjective portrait;

b) verification of forensic records;

c) carrying out operational-search activities.

78. METHODOLOGY OF INVESTIGATION OF EXCESSORY

Extortion - this is a demand for the transfer of someone else's property or the right to property or the commission of other actions of a property nature under the threat of violence, or destruction or damage to someone else's property, as well as under the threat of dissemination of information that disgraceful to the victim or his relatives, or other information that can cause significant damage to the rights or legitimate interests of the victim or his relatives.

In case of extortion, the following circumstances are to be established:

1) whether there was a fact of extortion;

2) whether extortion has been committed against state, public or personal property of citizens; which particular enterprise, institution, organization or individual owns this property;

3) time, place and method of extortion;

4) what was the subject of extortion; if the extortionist took possession of it, what is the amount of material damage;

5) who committed the extortion;

6) how many episodes of extortion took place; whether extortion was accompanied by other crimes, if so, which ones;

7) who is the victim;

8) what are the reasons and conditions that contributed to the commission of extortion.

Typical investigative situations are:

1) a person who has been subjected to extortion, but who has not yet handed over the object of extortion to the criminal, applies to law enforcement agencies.

The following investigations are recommended:

a) detailed questioning of the applicant;

b) inspection of the object of extortion, which will be handed over to the criminal before detention;

c) wiretapping and recording telephone conversations;

d) detention of the extortionist red-handed.

If the criminal is known to the applicant, operational search activities are also carried out aimed at identifying the connections of this person, his intentions and preparing for red-handed arrest;

2) a statement about the extortion that has taken place is made by a person who has already handed over the subject of extortion to the criminal. Options for this situation:

a) when the extortion is systematic and the offender is known to the applicant. In this case, it is necessary to act as in the first situation, bearing in mind that the offender can be caught red-handed during the next episode of the transfer of the object of extortion to him;

b) when there is no evidence that the extortion will be repeated, but the offender is at least tentatively known to the applicant. In such cases, after the initiation of a criminal case and a detailed interrogation of the applicant, operational-search measures become decisive. Depending on their results, the issue of wiretapping and recording telephone conversations, detaining the extortionist, interrogating him, conducting searches at the place of residence and at the place of work of the suspect, confronting the victim and witnesses;

c) when there is no evidence of a possible repetition of extortion and the perpetrator is unknown to the applicant.

At the beginning of the investigation, there are two typical versions:

1) the extortion occurred in accordance with the circumstances described in the application;

2) there is a false denunciation.

79. CRIMINALISTIC CHARACTERISTICS OF CRIMES RELATED TO ILLEGAL DRUG TRAFFICKING

The crimes in this group include:

1) illegal manufacture, acquisition, storage, transportation, transfer or sale of narcotic drugs or psychotropic substances; their theft or extortion;

2 inclination to their consumption;

3 illegal cultivation of plants containing narcotic substances prohibited from cultivation;

4) organization or maintenance of dens for the consumption of narcotic drugs or psychotropic substances;

5) illegal issuance or forgery of prescriptions or other documents giving the right to receive narcotic drugs or psychotropic substances and illegal circulation of potent or toxic substances for the purpose of sale.

Traces of illegal drug trafficking are divided into several groups:

1) production (growing) of raw materials and drugs:

a) residues of plant materials in the places of their cultivation and storage, equipment or items used at various stages of the technological process;

b) any technological materials and waste;

c) finished drugs;

d) components of the drug synthesis process;

e) devices, devices and tools for collecting drug-containing plants;

f) recipe, special literature, draft notes, addresses and telephone numbers of carriers, distributors;

2) transportation, storage and sale of drugs: a paper and other packaging;

b) special containers;

c) caches in vehicles, in the clothes of carriers and distributors;

d) traces of the narcotic drugs themselves in the seams, on the folds, pockets of detainees and other micro-objects;

3) drug use:

a) traces of injections;

b) changes in the life of the drug user, in his behavior.

Typical versions are:

1) illegal circulation of the said objects is carried out by an organized group;

2) they are sold by the manufacturer;

3) theft or extortion was carried out by an organized group for selfish purposes or by a drug addict to satisfy their needs;

4) there is a staging of theft in order to conceal their appropriation or embezzlement;

5) the den is organized or maintained only for drug addicts or also for the purpose of debauchery.

At the initial stage of the investigation, it is planned to: arrest participants in the crime red-handed, detailed interrogations, searches, inspections of places of manufacture, means of transportation, sale and consumption of these funds and substances, searches of criminals and persons associated with him, interrogations of eyewitnesses, relevant promptly - search activities.

The witnesses in this category of crimes are:

1) persons who reported about the clandestine laboratory;

2) persons who discovered the theft of the named objects;

3) witnesses to the extortion who became aware of it from the victim or the perpetrator;

4) employees of public utilities, who paid attention to the increased consumption of electricity, gas, the specific nature of the garbage and containers removed;

5 employees of the border service, customs;

6 users of drugs and psychotropic substances, visitors to brothels and their attendants.

80. CRIMINALISTIC CHARACTERISTICS OF BRIBERY. RELATIONSHIP OF BRIBERY AND CORRUPTION

Corrupt practices is the receipt by an official personally or through an intermediary of a bribe in the form of money, securities, other property or property benefits for actions (inaction) in favor of the briber or persons represented by him, if such actions (inaction) are within the official powers of the official or he by virtue of his official position, he can contribute to such actions (inaction), as well as for general patronage or connivance in the service, as well as giving a bribe to an official personally or through an intermediary.

Corruption - a social phenomenon consisting in the selfish use by an official of his official position for personal enrichment.

Bribery and corruption - closely interrelated phenomena characterized by one-time or systematic facts of transferring money, gifts or various services to a civil servant, official for actions (inaction) that this person has committed, is doing, should or can do in the interests of the bribe giver. The concept of "corruption" is broader than the concept of "bribe", since it also includes extortion, the use of official position for personal purposes, and it assumes a permanent nature. Bribery can be one-time, episodic or systematic.

Bribery has the following features:

1) the bribe is transferred in the absence of eyewitnesses;

2) both participants in the crime are interested in committing it, are afraid of responsibility, take measures to conceal the traces of the crime;

3) since both participants are criminally liable, they do not extradite each other;

4) sometimes a bribe is given for a legal action and there is no documentary evidence of the official's illegal actions.

Possible material traces of giving and receiving a bribe:

1) information of accounting documentation reflecting a decrease in funds in the account of the bribe giver and an increase in them from the bribe taker;

2) postal orders;

3) managerial decisions of various officials; 4 documents confirming the stay of a person in a certain place.

In case of bribery, the following circumstances must be proven:

1) whether there was a fact of giving or receiving a bribe;

2) what is the subject of the bribe; if valuable things were transferred as a bribe or it took the form of a service, then what is the value of things or services in monetary terms;

3) who is the bribe giver, bribe taker;

4) what are the circumstances of the crime (time, place, method of transferring the bribe);

5) for what purpose (for what actions) the bribe was given;

6) whether the relevant actions were performed in the interests of the briber, whether they were legal;

7) are there any signs of other crimes in the actions of bribe takers, if so, which ones;

8) whether there are any qualifying signs in the actions of criminals;

9) whether there are any circumstances in the actions of the bribe-giver that exempt him from criminal liability (extortion of a bribe or a voluntary declaration of giving a bribe);

10) what circumstances contributed to bribery.

81. FEATURES OF INVESTIGATION OF BRIBERY

Typical investigative situations at the initial stage of the investigation:

1) there is a statement of the bribe giver, and he is ready to contribute to the exposure of the bribe taker, who is not aware of this.

When the bribe giver confesses, a preliminary check is usually not necessary.

In this case, the investigator's actions are as follows:

a) interrogation of the bribe-giver;

b) detaining the bribe-taker red-handed (before this, if possible, an inspection of the alleged subject of the bribe is carried out, and after the arrest - a personal search of the bribe-taker, sometimes - his examination);

c) interrogation of the bribe taker;

d) searches at the places of residence and work of the bribe-taker, seizure of his property;

e) seizure and inspection of documents;

f) interrogation of witnesses;

g) conducting face-to-face confrontations;

2) the bribe giver and the bribe taker act in conspiracy; information about the crime came from operational sources; offenders are unaware of this.

In the case when it is necessary to expose both the bribe-taker and the bribe-giver at the same time, at the initial stage it is usually carried out:

a) the detention of both participants red-handed at the time of giving and receiving a bribe, their personal searches;

b) searches at their places of residence and work, seizure of their property; interrogation of suspects;

c) seizure and examination of official documents;

d) interrogation of witnesses;

3) information about the facts of bribery came from official sources. Participants know that law enforcement agencies are interested in their actions.

This situation is the most difficult to investigate. In such cases, usually carried out:

a) interrogation of witnesses;

b) seizure and inspection of documents; interrogation of suspects;

c) if there are sufficient grounds, searches of the suspects.

During interrogation, the following questions are asked:

1) who received or extorted a bribe;

2) were there intermediaries;

3) what was the subject of the bribe;

4) for what the bribe was given or extorted;

5) what is the time, place and mechanism of transfer of a bribe;

6) whether the bribe taker has performed the appropriate official action in the interests of the bribe giver;

7) how this was expressed, in what documents it was reflected;

8) who knows about the fact of giving or extorting a bribe;

9) who can confirm individual facts reported by the applicant.

During the search they are looking for:

1) the subject of the bribe, its packaging;

2) valuables acquired by criminal means;

3) checks, product labels, allowing to establish the fact of the acquisition of a particular thing in a certain period;

4) documents, records containing information about the circle of participants in bribery and the role of each of them;

5) draft documents and documents reflecting actions performed for a bribe.

Forensic examinations are often carried out in cases of bribery:

1) fingerprinting - to identify traces of the hands of criminals on the subject of a bribe or packaging;

2) forensic handwriting - to identify the executor of a document, letter, note, anonymous statement;

3) technical and forensic examination of documents - to establish corrections in a document, forge a signature, seal, etc.

82. CRIMINALISTIC CHARACTERISTICS OF CRIMES COMMITTED BY ORGANIZED CRIMINAL GROUPS

Organized crime group - a stable association of persons organized for regular joint criminal activities for selfish purposes and to achieve control in a certain social sphere or in a certain territory.

Signs of a criminal group are:

1) the presence in an organized criminal group of a strict hierarchy headed by a leader;

2) the presence of a permanent composition of the group;

3) the existence of special methods of forming an organized criminal group and attracting new members to it;

4) discipline, the presence in an organized criminal group of a system of rewards and punishments;

5) distribution of roles between members of a criminal group;

6) distribution of income depending on the hierarchy;

7) the presence of contradictions within the criminal group, the contradictions are due to the inequality of the position of the members of the group and the inequality of their incomes;

8) the presence of criminal experience among members of a criminal group;

9) permanent nature of criminal activity;

10) the mercenary nature of the activity, the desire to obtain maximum income;

11) the planned nature of the criminal activity;

12) the desire to expand areas of activity;

13) the desire for mobility, the use of modern technical means;

14) conspiracy by an organized criminal group of its activities, development of measures to counteract law enforcement agencies;

15) availability of contacts with employees of law enforcement and other government agencies.

The elements of the forensic characteristics of a criminal group are:

1) personnel, socio-demographic characteristics of the criminal group;

2) the existing criminal experience of its members;

3) features of formation and functioning;

4) forensic type;

5) psychological and functional structures;

6) presence and type of leader;

7) features of interpersonal relations between its members.

Types of members of a criminal group:

1) leaders. Manage the group, plan activities;

2) active participants. They are executors of the orders of the leader of the group, but unlike minor participants, they have the initiative, occupy a higher position compared to minor participants. Their activities are permanent;

3) secondary participants - non-initiative members of the group.

Organized crime groups usually commit crimes in a specific area they control. Crimes usually belong to the same type, are committed in similar ways, and similar traces remain at crime scenes (for example, traces of a shot from one weapon, identical fingerprints, etc.). Since almost all organized groups seek to increase their income and expand the territory of their activities, this leads to conflict with other criminal groups. Usually the conflict is resolved by killing the enemy or intimidating him in order to drive him out of a certain territory. Murders are committed either by hiring a hitman or at meetings of organized crime groups to resolve disputes.

83. CRIMINALISTIC CHARACTERISTICS OF ARKS

Damage to property as a result of arson is caused in order to:

1) concealment of a previously committed crime or other event;

2) creating an environment that facilitates the commission of another crime;

3) revenge on the owner of the property, other persons whose activities are related to this object;

4) exerting pressure, intimidating victims while extorting compensation;

5) receiving an insurance premium, a new apartment and similar benefits, advantages;

6) out of hooligan and other motives.

Arson is committed:

1) using specially prepared combustible materials;

2) with the help of specially made technical devices or specially created conditions designed for immediate or at a specified time ignition from an external source of fire;

3) by creating favorable conditions for spontaneous combustion of any substances and materials.

In cases of arson, the following circumstances are established:

1) signs of the object subjected to arson;

2) the time of the beginning and end of the fire, its scale, intensity of burning, direction of fire spread;

3) the environment in which the fire took place;

4) what was burning inside the room, what materials, substances that were here contributed to the spread of the fire;

5) how many people and who exactly was in the room at the time of the start and during the fire, who and how managed to save;

6) the nature, type and amount of material damage, other damage caused by fire, other accompanying or caused by it processes, phenomena;

7) in what place of the object, by what means and in what way the arson was committed;

8) whether the fire caused an explosion or other harmful consequences, what, where, when it exploded;

9) what specifically and whose actions led to the fire;

10) what event preceded;

11) what changes in the situation at the scene of the incident were made during the extinguishing of the fire, other actions before the arrival of the investigator.

The objectives of the site inspection are:

1) determination of the combustion zone;

2) establishing signs of a fire;

3) identification of signs indicating the immediate cause of the fire;

4) search and detection of traces and means of arson if there are signs of such an act;

5) determining what property was at the facility before the fire, what items were destroyed by fire, burned, remained unchanged;

6) if the fire is associated with the death of people, the destruction of animals, the discovery and study of their remains, the collection of data on the number of dead, the cause of their death.

Fire-technical expertise in cases of this category is carried out in order to clarify the following issues:

1) where and when the fire started, what is the path of fire spread;

2) what started to burn earlier;

3) what was the direct cause of the fire;

4) whether the fire could have been caused by spontaneous combustion of such materials, substances;

5) what fire safety rules were violated and by whom, in what way it was expressed;

6) in what condition was the fire-fighting equipment, its effectiveness.

84. CRIMINALISTIC CHARACTERISTICS OF ENVIRONMENTAL CRIMES

There are quite a number of different investigative situations, but there are a few of the most common:

1) primary information about the fact of pollution, deterioration, damage to the land, water and air environment and other objects of environmental protection comes from the bodies exercising state environmental control. The main control bodies are the Ministry of Natural Resources and the Organization of Sanitary and Epidemiological Surveillance. Partial control functions are carried out by the bodies of Gosgortekhnadzor and Gosatomnadzor. The received inspection materials usually contain information about the circumstances of the incident; its sources; the most likely reasons; the fact of violation of standards for maximum permissible harmful effects resulting in pollution of the environment. This situation most often occurs when rivers, lakes, seas, land, and less often air basins are polluted. A short period of time usually passes from the moment of contamination;

2) the primary information is the same as in the first situation, but a lot of time has passed from the moment of contamination to the initiation of a criminal case. Traces of pollution have been partially preserved or almost disappeared. The sources of pollution have not been preserved in their former form. There are documents and witnesses;

3) primary materials are reports of individual citizens, public environmental organizations about the fact of pollution. The case is initiated based on the materials of the inspection of the scene. Traces of pollution are almost completely preserved.

Inspection of the scene of the incident and other objects in a situation where traces of the deed remain, it is advisable to carry out as soon as possible. Inspection is preferably carried out with the participation of appropriate specialists.

The following are being questioned as witnesses:

1) eyewitnesses of pollution;

2) persons who were the first to discover this fact;

3) employees of control bodies;

4) officials, ordinary employees of the enterprise and other persons.

The main task of the interrogation of witnesses is to collect information:

1) about the circumstances and signs of pollution of water, air, soil, etc.;

2) on the deterioration of the state of natural objects (on the decrease in the quality of air, water, unsuitability for use);

3) on the mechanism and causes of pollution;

4) about the persons responsible for the incident; about organizational, technical and other shortcomings of production activities that contributed to the deed.

During the investigation, environmental expertise may be appointed, during which issues related to veterinary medicine, ichthyology, biology, chemistry, technology, medicine, hydrometeorology and other sciences are resolved. As experts, it is desirable to invite specialists from relevant research and higher educational institutions, related industrial enterprises and bodies for monitoring compliance with laws on environmental protection of nature. For the purpose of the most thoughtful appointment of forensic examinations and the best preparation of materials for their production, it is advisable to consult with specialists who conducted departmental, interdepartmental and extradepartmental inspections before their appointment.

85. FORENSIC DESCRIPTION OF COMPUTER CRIMES

Computer crimes are very difficult to solve due to a number of reasons:

1) special knowledge is required;

2) a small amount of investigative practice;

3) a wide range of software used by the criminal, including data encryption tools, malware, etc.

Criminals in the field of computer crimes can be divided into several groups:

1) persons who combine professionalism in programming with elements of fanaticism and ingenuity. The reason for committing crimes by this group of criminals is sports passion;

2) persons suffering from a new type of mental illness - information diseases or computer phobias. These diseases are caused by a systematic violation of the information regime: information hunger, information overload, etc. Usually a crime is committed without criminal intent;

3) professional computer criminals. Crimes by this group of criminals are committed for selfish purposes. The criminals of this group are most often part of some criminal formations, usually such formations are hacker groups. This group of criminals can be divided into two types:

a) internal users (persons with direct access to computer information);

b) external users (they use network technologies or intermediary services to obtain the necessary information).

In most cases, the victims are legal entities, while specially hired employees monitor the state of computers. The testimony of these employees is of great importance, as they have special knowledge in the field of computer technology and their duties include monitoring the normal operation of computers in the organization. Usually it is these employees who are the first to find out and report to management about the fact of a crime.

According to the method used by a criminal to access information, computer crimes can be divided into the following groups:

1) seizure of equipment;

2) interception of information:

a) direct interception;

b) electronic interception;

c) audio interception;

d) video interception;

e) garbage collection - unlawful possession by a criminal of waste from a technological process. Forms of garbage collection - physical and electronic;

3) actions of a criminal aimed at obtaining unauthorized access to computer equipment;

4) methods of data manipulation and control commands of computer equipment.

Since the investigation of computer crimes requires special knowledge, they are usually dealt with by special units of investigative authorities. When carrying out investigative actions, the participation of specialists is required. During a search of the premises of a suspect or accused, his computer, which is the weapon of the crime, is confiscated. Before removal, the computer must be sealed in such a way that it is impossible to open it or connect input/output devices and other peripherals to it.

86. CRIMINALISTIC CHARACTERISTICS OF ROAD TRANSPORT CRIMES

The types of accidents are:

1) collision of a vehicle with pedestrians, cyclists, horse-drawn vehicles and animals;

2) collision of vehicles;

3) overturning of the vehicle;

4) collision of a vehicle with an obstacle;

5) falling passengers;

6) other traffic accidents.

Accidents can occur due to the fault of people (drivers, passengers, pedestrians), due to the irresistible force of nature and due to a combination of circumstances.

Traffic violations by drivers most often include:

1) exceeding the safe speed during maneuvers, hitting a section of the road with worse characteristics;

2) aggravation of the road situation; non-observance of the order of passage of intersections;

3) failure to give or incorrect giving of a warning signal;

4) incorrect calculation of the minimum stopping distance at different speeds and road conditions;

5) violation of the requirements of traffic lights, road signs and indicators, requirements of road markings;

6) non-observance of a safe distance;

7) unexpected departure from one's lane and being blinded by headlights;

8) parking on the roadway without lighting;

9) violation of the rules for the carriage of passengers;

10) the drunken state of the driver, his work over time exceeding the permissible limits, after which fatigue sets in, etc.

Traffic violations by pedestrians usually consist of:

1) unexpected appearance of a pedestrian due to an obstacle;

2) sudden exit due to a vehicle moving in the same or opposite direction;

3) unpredictable behavior of a pedestrian, in which the driver is mistakenly confident in mutual contact with a pedestrian;

4) exit to the carriageway in a place where it is prohibited;

5) sudden exit from the unlit area of the road, etc.

In the event of an accident, the following circumstances must be established:

1) in violation of which traffic rules the actions of the perpetrator were expressed, which entailed socially dangerous consequences;

2) where, when, how and under what circumstances the accident occurred;

3) what consequences occurred as a result of an accident;

4) the presence of a causal relationship between violations of traffic safety rules and transport operation and the consequences;

5) what is the form of guilt of each participant;

6) who is guilty of committing criminal violations of traffic safety rules and transport operation;

7) what circumstances contributed to the accident.

When investigating an accident, a thorough inspection of the scene of the accident, transport, and questioning of witnesses, victims, suspects and other persons should be conducted. An examination of the vehicle is appointed, during which the facts of an accident due to a malfunction of the vehicle can be established. The inspection of the scene of the accident should be carried out thoroughly, but as quickly as possible, as this usually creates obstacles to traffic. During the inspection, an accurate plan of the scene of the incident should be drawn up.

87. CRIMINALISTIC CHARACTERISTICS OF CRIMINAL VIOLATIONS OF LABOR PROTECTION RULES AND SAFETY

The mechanism of this type of crime includes the activities of responsible officials and the destructive nature of any harmful factors caused by this activity. The time interval between the activity of the responsible person and the destructive consequences may be different.

Criminals are characterized by internal disorganization, lack of due diligence and caution, excessive self-confidence. The motives for committing such crimes may be false economic, mercenary, careerist, they may also be absent in violations of an unmotivated nature.

Typical investigative situations are as follows:

1) all case materials were collected by a special commission and then transferred to the prosecutor's office to initiate a criminal case. Such a commission is created at enterprises in the event of an accident or catastrophe. Plans and diagrams of the scene, extracts from technical and regulatory documents, expert opinions are usually already attached to the case materials;

2) the case is initiated on the basis of information about the fact of a traumatic incident received from the administration of the enterprise, the Ministry of Internal Affairs, hospitals, and so on immediately after the incident. Information about a traumatic event only indicates the possibility in this case of a criminal violation of safety regulations. At the same time, the situation at the scene of the incident may be completely preserved or undergo minor changes;

3) as primary materials about a traumatic incident at work, there is a statement from the victim or his relatives, materials from the press, public organizations, supplemented by information obtained in the course of a prosecutor's check. Such materials usually contain data on the fact of a criminal violation of safety regulations in a particular production, the circle of persons responsible for the incident. Most often, a month or more passes from the moment of the incident. The scene of the incident is not preserved. This situation is the most difficult to investigate due to the late start of the investigation and the loss of a number of significant factual data.

During the investigation, the following investigative actions can be carried out:

1) inspection of the scene and the corpse;

2) forensic medical examination of a corpse;

3) seizure and inspection of technical and other documentation;

4) interrogation of victims;

5) forensic medical examination of injured victims;

6) interrogation of eyewitnesses of the incident;

7) interrogation of persons responsible for the state of industrial safety and compliance with safety regulations at this enterprise.

At the initial stage of the investigation, a safety expert examination is appointed, an investigative experiment is carried out, it is necessary to inspect the scene of the incident as soon as possible, since its situation at the enterprise is changing very quickly due to production processes.

88. FEATURES OF THE INVESTIGATION OF CRIMES COMMITTED BY MINORS

The minimum age of the person being interrogated as a witness or victim is unlimited, but interrogation of a person of preschool age should be resorted to when there are no other sources of information relevant to the case. If the event was observed by several minors, then the interrogation should begin with the most adult of them. Also, when interrogating minors and adults involved in the case, the interrogation must begin with an adult. If a minor before interrogation may be subjected to pressure by any persons, then this minor should be interrogated, regardless of the fact that there are even older witnesses or victims.

The interrogation of a minor begins with the establishment of his age, which can be confirmed by the minor himself, his legal representative or documents. If the interrogated person has reached the age of 16, then he is warned about the responsibility for refusing to testify or giving false evidence. The credibility of testimony is checked by specifying, detailing the interrogation, comparing data with other evidence.

If a minor who has not reached the age of criminal responsibility participated in the commission of a crime, he should be convinced that he is not liable, since such a minor is afraid of responsibility, punishment for his deeds and therefore gives deliberately false testimony.

The victim remembers the circumstances of the crime better, since this is associated with increased feelings of this person, but the fear of being ridiculed or condemned by others predetermines fantasy and exaggeration when giving evidence.

The tactics of interrogating a suspect largely depend on whether it is obvious to the investigator that the person being interrogated has committed a crime or whether serious doubts arise. If this is obvious, then the investigator’s behavior should be more persistent, otherwise he should behave very carefully and prudently. This is explained by the fact that a teenager, whose psyche is usually more vulnerable than that of an adult, painfully experiences the injustice shown to him, is imbued with hatred of the investigator and most often withdraws. While the accused is speaking freely about the circumstances of the case, one should not interrupt him with clarifying questions.

In juvenile cases, it is necessary to take into account the possibility of self-incrimination, when a juvenile defendant tries to shield his accomplices or downplay their role. This kind of testimony should be compared with other materials of the case immediately during the interrogation. The actual interrogation of a minor suspect or accused cannot continue without interruption for more than 2 hours, and in total more than 4 hours a day.

In the interrogation of a minor suspect, the accused, a defense counsel participates, who has the right to ask him questions, and at the end of the interrogation to get acquainted with the protocol and make comments about the correctness of the entries made in it. The participation of the defender should not be regarded as a mere formality, but as the participation of an active representative.

89. FEATURES OF THE INVESTIGATION OF CRIMES COMMITTED BY PERSONS WITH MENTAL ANOMALIES

When committing a crime by a person with mental anomalies, the following circumstances shall be established:

1) the circumstances of the deed (time, place, method, goals, motives, means used, mechanism, situation, nature, type and amount of harm caused);

2) the person who committed the act under investigation, his sanity;

3) the presence, nature, characteristics of his mental illness in the past, the type, degree, distinctive signs of a mental disorder at the time of committing a socially dangerous act and at the time of its investigation;

4) features of his behavior before, during and after the committed act, including behavior during the investigation. Signs of a socially dangerous act committed by a person with mental anomalies;

5) sudden, unmotivated actions that are inadequate to the situation, especially actions with a manifestation of increased aggressiveness, special senseless cruelty, spitefulness, sadism, sexual pathology;

6) obvious illogicality of behavior at the scene of the incident (for example, dismemberment of the corpse of the victim without any attempts to hide parts of the corpse, dragging the corpse from a poorly lit place to a more lit, well-visible place);

7) taking possession of inexpensive things of the victim and leaving valuable things without attention when there is a real choice;

8) theft of things that contribute to the actualization of sexual experiences (for example, women's toilet items).

If the investigator during the interrogation of a suspect suspects the fact of self-incrimination or slander due to the mental state of the suspect, a specialist may be present at the interrogation.

If the investigator has suspicions about the insanity of the suspect, he may appoint a forensic psychiatric examination. The grounds for the emergence of suspicions may be the testimony of eyewitnesses and witnesses about the strange behavior of the suspect, the observation of anomalies in behavior by the investigator himself, deviations in the development of the suspect, congenital physical defects of the suspect.

External differences in physique, which may indicate a mental anomaly, may be:

1) external somatic;

2) functional;

3) oddities in the manner of dressing and the state of clothing.

Forensic psychiatric examination is carried out in order to obtain answers to these questions:

1) whether the given person had a mental illness at the time of the commission of the act incriminated to him and whether it is sane;

2) after committing the crime, the person in question has not contracted a mental illness that deprives him of the opportunity to be aware of his actions and manage them during the investigation of the case;

3) if the accused is sick, what is the prognosis of the disease, does he need to apply compulsory medical measures and which ones;

4) whether the accused has mental deficiencies that do not exclude his sanity and procedural capacity, and how they are expressed;

5) if the accused has mental deficiencies, then whether they affect his ability to correctly perceive the circumstances of the case and give correct testimony about them.

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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