Legal Analysis in Forensic Investigation

Abstract

Forensic expertise is the most effective source of introducing the latest achievements of science, technology, and technology into the field of legal proceedings. This entails the need to apply new special knowledge, new techniques, methods, and means of research in forensic activities. With the global informatization of all spheres of human life, the most pressing and significant problems of forensic expertise are also associated with the introduction of modern achievements in science and technology. The use of modern technologies in expert research significantly helps in solving crimes and establishing various circumstances. Such technologies include the use of neural network capabilities in research, new methods of DNA analysis, biometric technologies, scanning technologies, and the use of new analytical software in forensic examinations. The theoretical basis for the application of modern technologies in forensic expertise is the interaction of various branches of science that allow automation, improving the accuracy, efficiency, and effectiveness of expert actions in the process of forensic examination. The technical means and methods used must meet the requirements of legality, scientific validity, safety, evidence, and visibility for all participants in the criminal process, as well as the preservation of the object in the form and condition in which it was submitted for examination. The authors analyze the legislation of a number of foreign countries and the Russian Federation regulating the admissibility of technologies in forensic examination. In different countries, the legal regulation of the admissibility of modern technologies in the production of forensic examination differs significantly. This is due to the differences in the regulation of the admissibility of the results of expert research in the judicial process, the difference in the methods of research, and the approaches of the legislator to the legal support of expert activity. In Russia, the legal basis for the use of new technologies in the process of forensic examination is federal laws, primarily procedural legislation that regulates the features of the admissibility of evidence. Of particular importance in the legal regulation of the use of new technologies in expert activities are the regulations of various departments. The requirements of the law provide for the ability of an expert to explain the logic of the conclusions obtained, which can significantly limit the possibility of using technologies in expert research. To date, the legislation of the Russian Federation does not clearly regulate the status of technical means and software used in the course of expert research. This is especially important in connection with the emergence of completely new and obsolete existing technologies because it is impossible to list all existing technical means in the law.