Receiving biological samples of a person under the conditions of their voluntary provision

Abstract

The article draws attention to and conducts an analysis of obtaining biological samples of a person under the condition of their voluntary provision. In the course of the study, it was revealed that during the investigation of criminal offenses there may be a need to obtain biological samples of a person with different characteristics, which can be conditionally divided into three groups: samples-reflections of a person, which include samples-prints: fingers, teeth, feet, lips, any parts of the surface of the human body; samples of functional manifestations of the person, which include samples of: handwriting, voice, speech; samples of personal characteristics, which include samples of smell, blood, saliva, any bodily secretions, nails, hair, etc.It was found that according to the type of specific biological samples, the need for which arises for the examination, the appropriate technology for their selection is also used. The procedure for a person’s voluntary provision of biological samples for examination has been disclosed, which consists in: 1) obtaining a person’s biological samples; 2) drawing up a procedural document on conducting an examination. Attention is drawn to the fact that obtaining biological samples of a person is carried out precisely according to the rules of personal examination, and not the procedure of personal examination determined by the Criminal Procedure Code of Ukraine, and the range of persons from whom biological samples can be taken for examination is not limited to suspects, witnesses and victims. That is, if necessary, according to the rules of Art. 241 of the Criminal Procedure Code of Ukraine, it is possible to take samples from any person if necessary. As a conclusion, in order to avoid the actions of authorized persons by analogy, which may require additional measures to prove the propriety and admissibility of the collected evidence on the part of the prosecution, we consider it necessary to make appropriate changes and additions to the Criminal Procedure Code of Ukraine, which would ensure the implementation of judicial practice in activities of authorized persons on proof and served as a guarantee for the formation of correct investigative practice.