Криминалистические аспекты производства наглядно-образных способов фиксации доказательств

Abstract

The author analyses the process of proving as gathering, checking, evaluating and using the evidence in the purpose of determining the circumstances that have to be proven. It means that the author views the process of proving somewhat broader than it is cited in the Article 85 of the Criminal Law Code of the Russian Federation. The recording is the second element of the evidence gathering after they have been searched for and found. The author analyses the classification of the evidence recording. It can be of two kinds: obligatory or prescribed by the Criminal Procedure Law and optional or recommended by law (with regard to Criminal Procedure Law); the classification also divide them on subjective or depending on the qualities of the personality of the subject who record the evident. In this case his or her knowledge, skills and professional experience is taken into account. Objective, on the other hand, are based on physical, chemical or other processes (these processes are the basis of the recording). The article pays close attention to the means of the recording of evidence, especially to photo and video recording as these are the graphic ways to record evidence that are frequently used in practice. The author specifies that the content of the systems of methods of forensic and investigative photography implies including into it panoramic shooting, measuring, reproduction, identification photography and macro photography. Modern technical equipment and software for video recording allow to perform high-speed and slow-motion video shooting that can be viewed as special technical means that can be used while conducting examinations and some investigative actions.