Production Of Forensic Examinations Research Articles

Peculiarities of Appointment and Production of Forensic Examinations in Criminal Cases for Violation of Safety Rules During Mining Works

This study analyses the peculiarities of appointment and production of expertise in the investigation of facts related to the violation of safety rules in mining operations. The relevance of the research topic is due to the increase in deaths and injuries at work and several legal problems. These include a) failure to comply with the requirement of Article 271 of the Code of Criminal Procedure of the Republic of Kazakhstan; b) the absence in the Order of the Minister of Justice of the Republic of Kazakhstan dated 27 March 2017 of a list of expertise to be appointed in the investigation of violations of safety rules during mining operations. The situation is further complicated by the absence of clear methodological guidelines for investigators regarding the procedure for appointing forensic examinations and formulating questions for experts. The authors assert that the national system of forensic examination must be modernised.

THE EXPERT'S OPPORTUNITIES TO PROVIDE ADDITIONAL CONCLUSIONS ON EXISTING AND NEWLY RAISED QUESTIONS IN HIS TESTIMONY

The production of forensic examinations is important for establishing the objective truth in criminal cases. Making a fair decision in each specific case often requires the use of special knowledge possessed by experts. The current criminal procedural legislation regulates in detail the material and procedural aspects of the organization and implementation of forensic examinations, as well as the peculiarities of using the results of their conduct in court proceedings. Forensic experts are often called upon to participate in criminal proceedings. However, despite the developed legislative framework and large-scale law enforcement practice, a number of controversial issues still remain that affect the institution of «additional expert conclusions». The purpose of the presented study is to analyze the expert’s ability to provide additional conclusions on existing and newly raised questions in his testimony. The authors come to the conclusion that the current legislation rightly provides grounds for additional and repeated examinations, which allows in various situations related to both the ambiguity and incompleteness of the submitted expert opinion, and the presence of specific contradictions in it, to resort to appropriate examinations. Attention is focused on the need to appoint additional examinations when new questions and circumstances arise in the case, since their solution and accounting require the use of special knowledge, as well as full-fledged research in individual situations.

Institute of forensic activity in Russia: Genesis and formation

The process of disclosing and investigating crimes provides for the need for a full-fledged forensic expert support in order to provide the subjects of the investigation with the necessary information and evidence in a comprehensive manner. The modern functional approach to the organization of forensic activities provides for the implementation of a comprehensive support work of the relevant independent units aimed at the production of forensic examinations and technical and forensic support for the detection, disclosure and investigation of crimes and other processes of countering illegal activities, implemented on the instructions of the initiators. This approach was formed considering the transformation of the political, economic and social situation in Russia, the progressive development of scientific directions, as well as changes in the needs of expert and forensic support of operational search and criminal procedural activities. The historical and legal study of the key directions of the formation of the institution of forensic activity made it possible to identify five main stages in the development of the technical, scientific and methodological foundations for the subjects of the application of special knowledge to support the processes associated with the disclosure and investigation of crimes. The genesis of the development of the institution of forensic support of the disclosure and investigation of crimes is considered considering the ideological, legal and social foundations of society corresponding to each time period, the specifics of introducing the achievements of domestic and foreign science into this activity. The findings made it possible to clearly demonstrate the evolution of the expansion of the competencies of subjects providing technical, forensic and forensic activities. They are largely due to the transformation of the tasks and functions of specialized units, changes in approaches to their direct structural subordination, the establishment of procedures for control over the activities of forensic units, the peculiarities of organizing interaction with other law enforcement agencies.

The Role and Significance of Manager's Activity in the Production of Forensic Examinations and Expert Research

The article discusses the possibility of introducing the position of manager to the staff of forensic institutions. The author substantiates the necessity of introduction of the management system for forensic expert activity into the universal practice of forensic institutions, i.e. a management system aimed at improving the quality and effectiveness of the activities of each individual institution and the system as a whole.The article outlines the goals and objectives of the implementation of the management system, suggests the areas of specialization of managers, and also calculates the economic effect of the introduction of the position of manager.It is shown that the introduction of the position of manager in the staff of forensic expert institutions will reduce the time for the production of forensic examinations (by eliminating the non-core expert work); improve the quality of examinations (by introducing additional performance control for forensic expert activities); optimize scientific and methodological work, including contributing to the development of new and improvement of existing expert techniques.

Ensuring Access to Justice for Victims of Iatrogenic Crimes

The need to ensure access to justice for victims of intentional or negligent crimes causing harm or the death of the patient (iatrogenic crimes) committed by medical and (or) pharmaceutical industry workers is conditioned by the following. Crime report check and preliminary investigation take excessively long time and then result in orders to dismiss a criminal complaint, prosecution and a criminal case due to statutes of limitations on the prosecution of an offense. The authors substantiate a number of proposals aimed at improving legislation and law enforcement practice in iatrogenic crimes cases: amendments to the Criminal Code of the Russian Federation in order to proportionally increase the statute of limitations in these cases; supplement into clause 5, part 1, art. 198 of the Code of Criminal Procedure of the Russian Federation provides for the right of the suspect, accused, his defense attorney, victim, representative to be present with the permission of the investigator at the forensic examination, to give explanations to the expert via video conferencing systems if technically possible. The proposal expressed in the procedural literature on the production of forensic examinations in cases of iatrogenic crimes not in the expert institutions of those departments that conduct a preliminary investigation, but in «independent» expert institutions, is subjected to critical analysis. It is shown that the absence of expert methods in itself does not entail the inadmissibility of the expert’s conclusion.

Involvement of a specialist in modern criminal law practice

The improvement of regulatory framework for attracting a specialist to participate in criminal proceedings on the initiative of the defense and other participants in the process who do not have authority is reasonably considered in theory and in practice as an extension of the adversarial principles in the procedures for the use of special knowledge. At the same time, the noticeable bias observed in modern law practice towards the use of expert opinions and testimony in the interests of principals to the detriment of lawyer activity in official procedures for the appointment and production of forensic examinations cannot be considered justified. Seeking the help of a specialist is not an equivalent substitute for participation in forensic expert activities in criminal cases, but rather a forced measure when attempts by a lawyer to participate in the appointment and production of examinations were impossible, or were undertaken, but failed.

PETITIONS IN PROCEDURES FOR THE USE OF EXPERTISE IN CRIMINAL PROCEDURAL EVIDENCE

Ensuring competitiveness in the procedures for the use of expertise in criminal proceedings is one of the most discussed problems in modern criminal procedure literature. Many difficulties here seem insurmountable, and the means to address them are ineffective. Purpose: to determine the most complete list of petitions of participants in criminal procedure who do not have authority, first of all defense lawyers, to group petitions according to the purpose of the application, to identify the reasons for the lack of effectiveness and ways to improve it. Methods: structural-system analysis and synthesis, specific legal, concrete-sociological method, method of included observation. Results: the main conclusion of the research is that the arsenal of means available to defense lawyers and representatives involved in criminal proceedings to ensure the adversarial nature of procedures for using expertise in proving in criminal cases is implemented in practice, as a rule, not completely and without taking into account systemic connections both within this arsenal and in the general system of criminal procedure regulation. Practical recommendations are made to improve the efficiency of advocacy related to the appointment and production of forensic examinations.

Types of Digital Traces of Crimes in the Field of Economic Activity and Features of their Study by an Expert

The purpose of this paper is to highlight various types of digital traces that carry the most significant information in the investigation of crimes in the field of economic activity, and to determine the features of their study by an expert. The author sets a number of tasks: to analyze the types of economic crimes and the methods of their commission for the possibility of the formation of digital traces in the course of the implementation of these offenses; to identify different types of digital traces specific to each type of crime; to study judicial and expert practice in the production of forensic examinations, the object of which are digital traces. The author identifies some types of digital traces that have the greatest forensic significance in the investigation of the above crimes, outlines their peculiarities and main features, and considers certain aspects of the expert study of these digital traces. The author concludes that the most common digital traces in the investigation of economic crimes are electronic accounting documents; information posted on a website used in criminal activities; server data on site registration and account transactions. In this regard, it is most expedient to collect digital traces: a) by seizing a material carrier of information containing electronic accounting documents; b) by creating a screenshot of the site containing the information necessary for the investigation of the crime; c) by sending a request to the owner of the server on whose resources the website used in criminal activities is located. For an expert study of digital traces of economic content, it is necessary to conduct a complex of forensic examinations.

Some Aspects of Applying a Systematic Approach to the Study of the Objects of Forensic Examination

The article is devoted to the application of the systematic approach when studying the objects of forensic examination. Based on the theoretical reflection on the problem, as well as on the materials of practice of forensic computer and integrated psychological and linguistic examinations, the authors demonstrate that it is necessary to consider complex objects of analysis as systems. All the elements of such systems are intertwined, aligned, organized and collectively possess properties that are not inherent in any component of their parts. Application of the systematic approach in the production of forensic examinations will help to avoid mistakes resulting in unreliable conclusions.

DOCTRINAL PROBLEMS FORENSIC EXAMINATION IN THE INTEGRATIVE DOCTRINE OF EVIDENCE-BASED LAW

The article reveals the problems of forensic examination in the integrative doc- trine of evidentiary law, taking into account the provisions of the Constitution of Ukraine, procedural legislation, the case-law of the European Court of Human Rights, and judicial precedents of the Supreme Court of Ukraine. In the context of the formation of its doctrinal principles and individual legal in- stitutions, we propose to consolidate here the provisions of the following content: “The evidence is the factual data obtained in accordance with the procedure pro- vided by law that meet the requirements of belonging to the case, admissibility and reliability”. “Factual data obtained during the conduct of expert studies, investigators or other procedural or regulated by separate laws of research actions can be used in legal evidence, provided that the source and method of their obtaining, the evi- dence obtained, are not “fruits of a poisonous tree” are clarified and can be verified. The peculiarities of the expert's conclusions and written conclusions of special- ists are disclosed, and a simplified procedure for assigning examinations and the formation of the results of expert research is proposed. It is concluded that it is necessary to adopt a universal legislative act – the “Code of Evidence”. It is proposed to include in its conceptual model the norms of the gen- eral and special parts. In the general part, at the integrative level, intersectoral char- acters should be set out, norms common for all forms of legal proceedings, which will determine the concepts and types of evidence and the criteria for their admissi- bility. In a special part, modern norms should be laid down – standards of evidentiary law governing the receipt, research, verification, evaluation, and use of evidence, the production of forensic examinations. It is proposed to differentiate art and humanitarian examination, the need to ex- pand the types of examinations and the formation of the subject and features of such independent examinations as forensic and humanitarian, legal, stock market exam- ination, environmental and land examination are being bypassed. Key words: examinations, expert conclusions, evidence, evidentiary law.

Peculiarities of Application of Mathematical Modeling Methods in Forensic Fire and Technical Expertise in the Study of the Dynamics of Fire Hazards

The paper deals with the issues of law enforcement of methods (techniques) of mathematical modeling within the framework of forensic fire technical examinations in the study of the dynamics of fire hazards. The normative documents in the field of technical regulation, containing calculation methods and techniques, and their application in modern conditions in the framework of the production of forensic fire technical examinations are analyzed. The issue of admissibility, degree of accuracy and the scope of techniques (methods), as well as the use of probabilistic calculation results in the production of forensic examinations is considered. To eliminate doubts and controversial issues regarding the use of typical initial data and the correct choice of mathematical models, it is proposed to conduct an extended comparative study on various fires, taking into account the analysis of reliable data obtained during the investigation of fire cases. The paper discusses the issues of validation of the methodology for determining the dangerous factors of a fire and calculating the probability of evacuation of people within the framework of a forensic fire-technical examination.

Innovative Technologies in Forensic Expert Activities

The article deals with the impact of innovative technologies on the production of forensic examinations. The promising innovative directions of forensic activity are shown, among which the author highlights 3D technologies, nanotechnologies, and the use of artificial neural networks. The qualitative change of forensic activities under the influence of innovations, the expansion of the possibilities of forensic examinations by solving expert problems previously considered unresolved are emphasized.

Содействие специалиста в формировании экспертного заключения

The opinions of lawyers on the possibility of involving a specialist in the production of forensic examination, as well as the latest editions of the arbitration procedural, civil procedural, criminal procedural legislation of the Russian Federation and other regulations governing forensic activity and the procedural status of persons applying special knowledge in Russian legal proceedings, have been analyzed. The essence of the term “assistance” has been determined. A distinction is made between the assistance of a specialist in the formation of an expert opinion and his participation in the production of a forensic examination. Based on the study of scientific publications on the procedural status of persons applying special knowledge in legal proceedings and an analysis of the current regulatory legal acts governing the production of forensic examination, the differentiation of the specialist’s assistance in the formation of an expert opinion into basic and optional forms was carried out. The main form is divided into the following types: direct and indirect. The optional form, from the point of view of the possible interaction of persons applying special knowledge in legal proceedings, includes probabilistic (stochastic) types. The indicated forms (types) of assistance of a specialist in the formation of an expert opinion are considered on examples. The regulation in the current legislation of the assistance of a specialist in the formation of an expert opinion and the possibility of his involvement in the production of a forensic examination could help to improve the interaction of persons applying special knowledge in Russian legal proceedings. The article does not propose algorithms or ready-made formulations of legal norms for the assistance of a specialist in the formation of an expert opinion and his involvement in the production of a forensic examination, since this should be preceded by a discussion in the legal community about the advisability of such innovations.

Determinism of the problems of Using the Expert'S Opinion as Evidence by Mistakes Made in the Preparation, Appointment and Production of Forensic Examinations

The paper analyzes the errors committed by law enforcement officers in the implementation of various types of special knowledge at all stages of criminal proceedings. Shortcomings under consideration are differentiated into shortcomings committed in the production of investigative actions, during which objects were seized, subsequently presented for an expert examination, when forensic examinations are appointed, in the production of forensic examinations, when examining the expert's opinion by officials of the preliminary investigation bodies and the prosecutor's office. At the same time, such errors are periodically repeated and multiply: forensic examinations, the need for the production of which is caused by the specifics of the crime being investigated, the current investigative situation and, being justified by specially developed recommendations, are not scheduled; the questions posed to the experts do not cover all the circumstances the establishment of which is possible only through the involvement of persons knowledgeable in a particular area of special knowledge; the questions themselves are not always directly related to the expert's specialization and the type of examination; the presence of proper qualifications of a person involved as an expert is not verified, etc.Without setting themselves the task of analyzing all or most of these errors, the authors thoroughly consider the most serious errors using specific examples from judicial investigative practice and they come to the conclusion that the effectiveness and efficiency of using the expert's conclusion in proving is possible only under the context of impeccable observance by officials of preliminary investigation bodies, forensic experts and heads of forensic institutions of the provisions of the Criminal Procedure Law, the Federal Law "On State Forensic Expert Activity", departmental regulations and forensic recommendations.

An Integrated Approach to the Regulation of the Use of Special Knowledge in the Draft Procedural Code of the Russian Federation on Administrative Offenses: To Be or not to Be?

Updating the legislation on administrative offenses is long overdue, since the current Code of Administrative Offenses of the Russian Federation, which includes both the material part and procedural provisions, does not in many ways correspond to practice. The Russian Ministry of Justice proposed for discussion two draft federal laws: the Code of Administrative Offenses and the Procedural Code of the Russian Federation on Administrative Offenses. Evaluating this legislative initiative as a whole positively, a number of comments can be made about the provisions of the draft Code of Procedure of the Russian Federation on Administrative Offenses regulating the use of special knowledge. The paper analyzes the provisions of the Procedural Code of the Russian Federation on Administrative Offenses from the point of view of the foundations of forensic expertology as a science that studies the patterns of development and functioning of various forms of using special knowledge. In the presented project, the use of incorrect terminology is traced, some provisions “by a carbon copy” are transferred from other codes, but at the same time the problems of their law enforcement in the corresponding processes are not taken into account. In fact, the authors of the draft law apply the regulation of the participation of a specialist and the appointment and production of forensic examination without taking into account developments in the field of forensic expertology, which in itself raises questions and entails the adoption of conflict-of-law provisions.

Forensic Examinations for the Purpose of Establishing the Amount of Property Damage Caused by the Crime

In this article, the author examines issues related to the procedural procedure for the appointment and production of forensic examinations, and also highlights in detail the current aspects of the activities of officials carrying out preliminary investigation in the appointment and production of forensic examinations, as an important factor for creating legal prerequisites for compensation for harm caused by a crime. The author provides specific examples from the materials of criminal cases, which reflect the questions posed to the expert for permission, contributing to the establishment of the nature and extent of the harm caused by the crime.

Forensic construction and technical examination in criminal proceedings

The object is the procedures of appointment and production of forensic examinations and assessment and use of their results in criminal courtroom proceedings. The main emphasis is on the theoretical and legislative basis of forensic examinations in the Russian Federation, including the construction and technical ones. The procedures of appointment and production of forensic construction and technical examinations (FCTE) in criminal procedures are described. Special attention is paid to the organizational, procedural and methodological problems of appointment and production of forensic construction and technical examinations. The ways of improving the methodological support of the FCTE and developing solutions to these problems are outlined.

The dependence of the performance of imaging tasks on the forensic imager interface type

Forensic research in the investigation of information security incidents, the production of forensic examinations and many other areas of activity related to computer forensics require the maximum possible preservation of the integrity of the investigated data. To do this, write blockers are used - programs or devices that do not allow writing anything to the drive under investigation. The need to use such means comes both from the requirements of procedural legislation (for example, the Criminal Procedure Code of the Russian Federation), and from various recommendations of a methodological and other nature, as well as from standards (for example, STO BR IBBS-1.3-2016). Some aspects of the functioning of write blockers will be discussed in this article. And on the example of the criminalistic lock the question of influence of the used interface for data transmission in tasks of creation of images of data carriers will be considered.

Виды информационных процессов в экспертной деятельности

The article is devoted to a separate type of information processes of forensic science. The author reveals the essence, content and relationship of the processes of interpretation, communication and processing of information in relation to expert practice. It is concluded that it is necessary to develop the doctrine of the means and forms of communicative activity in the production of forensic examinations and information processes within the framework of the general theory of forensic examination.

The Importance of a Forensic Expertise for the Establishment and Compensation of Harm Caused by Criminal Punished Actions: Issues of Theory and Practice

The article highlights the topical aspects of the activities of officials carrying out preliminary investigation in the appointment and production of forensic medical examinations at the stage of initiating a criminal case, as an important factor for creating legal prerequisites for compensation for physical harm to health. The author provides specific examples from the materials of criminal cases, which reflect the negative consequences of improper fulfillment of the requirements of the criminal procedure law in the appointment and production of forensic examinations.