Results Of Forensic Examinations Research Articles

Criminal Characteristics of Criminal Offenses Related to Electricity Theft

This article purpose is to review development state of the issue of forensic characterization of criminal offenses, build the general structure of forensic characteristic of electrical energy theft, determine its main constituent elements, divide them into groups, and develop a detailed forensic characteristic of electric energy theft. Validity of the obtained results and conclusions that were based on the analysis of the latest scientific research on issues of violation of regulatory requirements regarding the accounting of electric energy and unaccounted consumption of electric energy, on the results obtained during performance of forensic examinations at the National Scientific Center »Hon. Prof. M.S. Bokarius Forensic Science Institute« of the Ministry of the Interior of Ukraine, and also ensured the use of a complex of general scientific and special methods, in particular formal and logical, generalization, comparison. Scientific novelty. In the context of forensic expert provision of evidentiary base in criminal act qualification: electric energy theft, provided for in Article 1881 of the Criminal Code of Ukraine, for development of new and supplementing existing methodological recommendations for investigation by employees of pre-trial investigation bodies of criminal offenses; this article elaborates and systematizes data on performing forensic examinations and a detailed forensic description of electric energy theft was compiled that will become the basis for the construction of investigative versions and will contribute to the effective conduct of investigative (search) actions and other investigative measures, as well as quickly. Conclusions. 1. Development state of issue of forensic characteristics of criminal offenses is considered. 2. General structure of forensic characteristics of electric energy theft is built. 3. The main constituent elements of forensic characteristics of electric energy theft are determined. It is proposed to divide constituent elements into groups according to a defining sign; the most significant and auxiliary signs. 4. On the basis of generalizations of data based on the results of forensic examinations and theoretical processing of research results into the issues of unaccounted electric energy consumption, detailed forensic description of electric energy theft has been developed.

As for decision making rules based on research results while forensic science activities

While forensic research, obtained results should be evaluated in order to ensure adoption of correct conclusion regarding the research object. For this purpose forensic experts should use established decision rules to substantiate a statement about conformity of an object or certain requirements, or parameters, or characteristics. Currently, the need to ensure that a decision is made based on results of forensic examination using the concept of decision rules is constantly increasing. Therefore, consideration of the issue of establishing rules for making decisions while forensic science activity at international and national levels is relevant. Relevance of this issue is justified not only by the requirements of ІSO/ IEC 17025:2017 for testing laboratories but by the requirements for the objectivity of expert opinion. ISO/IEC 17025:2017 recognizes that there is no single rule for deciding on conformity. In other words, in a specific situation there will be its own decision making rule. This also applies to forensic science activity.
 Therefore, this article purpose is necessary for forensic science activity to determine:
 
 general guidelines for choosing appropriate decision-making rule;
 directives for determining the components of decision making rules depending on the object and the task of forensic examination;
 rules for applying certain requirements to the research results of carried out in accordance with requirements of research methods, research object and the type of quantitative or qualitative research.
 
 Thus, this article defines and considers the process of establishing the rules for making decisions, criteria which the rules for m

Increasing reliability of forensic analysis while research on destroyed relief marking with magneto-optical devices

While research on destroyed relief marking of metal objects using the magneto-optical method, visualization of (invisible) fields of internal stress in the VIN plate area is performed and then a forensic analysis of obtained instrumental data is carried out (indirect organoleptic observation of the visualization results); thus, forensic analysis reliability of results directly depends on sensitivity of instruments and informativeness of instrumental data.
 The main quantitative characteristic in this case is probability of correct signal recognition (contours of marking signs) against the background of noise (structural noise of investigated surface and the noise of the visualization method itself) determined by the signal-to-noise ratio.
 This article presents results of a comparative experimental assessment of signal-to-noise ratio and probability of correct signal recognition while restoringthe destroyed relief markings for two complexes of magneto-optical imaging – models of 2006 and 2018.
 This article purpose is a quantitative and qualitative comparative assessment of results of visualization of internal stresses in areas of completely removed relief marking of metal objects. The results of successful practical research obtained by forensic experts from different countries make it possible to assess effectiveness and prospects of using the magneto-optical imaging method.
 In a new modification of the magneto-optical complex:
 
 signal level is 4.35 dB higher (contrast of reconstructed marking signs);
 2.71 dB lower noise level (surface relief/texture and magnetic copying noise);• probability of correct character recognition is P> 0.995 (increased by 14.9%).
 
 Technical improvements in implementation of magneto-optical visualization method made it possible to expand the range of materials for research objects(magnetic and electrically conductive materials were investigated).
 The high efficiency of method for restoring marking is illustrated by results of forensic examinations for materials with a low level of residual stresses (aluminum alloy, low-carbon steel) which chemical etching method did not give results for.
 The use of new modification allows examining the rust layer, up to cases of corrosion to the entire depth of marks.
 Considering non-destructive nature of magneto-optical researches, possibility of their repeated repetition without losing object properties, this method (in accordance with the order of application of types of studies) deserves more attention for application.

ОКРЕМІ АСПЕКТИ АВТОМАТИЗАЦІЇ ПРОЦЕСУ ФОРМУВАННЯ ВИСНОВКУ СУДОВОЇ ЕКСПЕРТИЗИ

Active introduction of digital technologies in all spheres of life is one of the main directions of state development as a whole and separate sphere of activity. The issue of using information technologies and systems during forensic examination is the subject of scientific research of many domestic and foreign scientists, but this sphere remains relevant. The introduction of digital technologies in forensic activities is one of the priority areas for the forensic science development at the present stage and has significant development potential. One of the areas of optimization and improvement of forensic activity is the development of methods to automate the formation of forensic experts and unify the description of the research process, identified features, justification and formulation of forensic conclusions, which requires legislative consolidation and regulation, analysis and definition of the subject area and development requirements and algorithms for the operation of the system interface. Unification and standardization of the content of forensic experts' opinions requires the development of common standards and an information system adopted by all subjects of forensic expertise, and meets the needs of practice. The development of an information system for forming an expert opinion and automatically forming an expert opinion will allow formalizing and unifying the description of research and results of forensic examinations, optimizing the time of forensic experts and potentially reducing the number of logical, typographical and technical errors, and simplifying quality control of forensic examinations. The proposed system will not only automate the technical work of registration of research results carried out during forensic examinations, but will also contain research algorithms, which will be stored in the form of data on already conducted research of similar objects (list and sequence of operations, identified features and their parameters).

FACT OF IDENTIFYING A NON-LIFE-THREATENING PEDESTRIAN INJURY DURING A FORENSIC MEDICAL EXAMINATION

The forensic aspects of low-energy pedestrian injury have not been adequately studied yet. The objective of the study presented is to analyze forensic criteria for identifying the mechanism of injury in low-energy fractures of the lower extremities. The study material included 347 acts of forensic medical examinations of victims with fractures of the lower extremities performed in the Kharkiv Regional Bureau of Forensic Medical Examination for the period from February to June 2018. The selection of forensic medical evaluation reports was carried out at random. The methodology included retrospective analysis, descriptive statistics. The incidence of low-energy pedestrian injury was 0.9%. This type of road traffic injury was registered in people aged 78 – 88 as a result of an alleged collision with the back of a vehicle. The main difference between high- and low-energy fractures of the long bones of the lower extremities was the severity of concomitant injuries (given the fact that closed isolated fractures of the long bones of the lower extremities in our material were accompanied by injuries of the integumentary system (abrasions, bruises, etc.), those fractures were regarded as concomitant injury. In the first case, the action of kinetic energy of significant force led to the formation of multiple fractures of the upper (94; 27.1%) and lower (421; 121.3%) limbs, pelvic girdle (83; 23.9%); concomitant injuries were characterized by the presence of moderate brain concussion (54; 15.6%), non-penetrating blunt chest trauma (102; 29.4%) with rib fractures (48; 13.8%), non-penetrating blunt abdominal trauma (51; 14.7%); all the victims had bruised and lacerated wounds, multiple abrasions, subcutaneous hematomas of various localization. Low-energy trauma was characterized by the presence of isolated fractures of the proximal femur (n = 4) and tibia (n = 3) bones (Table 2). As a concomitant trauma, damage to the integumentary system was recorded in the form of abrasions and subcutaneous hematomas in the fractured area when falling from a height of one's own height (n = 3). In terms of the strength and speed of the impact of the traumatic force, the low-energy pedestrian injury was identical to the fall of the victim from his own height onto the lateral surface of the body with the formation of bodily injuries as closed fractures of the proximal femur. The cause and mechanism of these injuries have not been identified due to the late primary forensic medical evaluation, incomplete data in the medical records on the clinical signs of traumatic injuries to the skin of the victims during the initial examination, inconclusive results of forensic examinations of clothing and footwear, and uninformative data of a technical examination. During the forensic medical examination of a low-energy pedestrian injury, the identification of traumatic injuries of the skin on the side of the fall and on the contralateral side, the place of the first contact with the car, enables to establish the fact of collision and the duration of the damage.

FORENSIC EXAMINATION IN CIVIL AND ECONOMIC PROCEEDINGS AS A SEPARATE FORM OF SPECIAL KNOWLEDGE USE

The attention in the article is drawn to the fact that despite the obvious need to bring special knowledge into civil and economic procedural proof, this process is progressing rather slowly as the modern practice of using special knowledge constantly reveals gaps and collisions in procedural norms. Defining forensic science as a separate form of using special knowledge, the article focuses on the interpretation of the “special knowledge” concept by scientists, and concludes that scientific papers explicitly indicate that special knowledge is used by a limited number of specialists, they are inherent in a particular science; could be obtained in the process of training, special training and are applied according to the requirements of current legislation.
 It is noted that a separate procedural form of special knowledge application is the results of forensic examinations, i.e. for forensic examination conduct it is necessary to involve a specialist who, according to the current legislation, possesses the required sum of special knowledge, which allows him to competently conduct measures that are his functional responsibilities − to provide a forensic report based on their own special, professional knowledge. It is argued that according to the evidence classification, the forensic opinion belongs to personal sources of evidence and, if there are no grounded reasons for disagreement with it, should be taken for granted and used in evidence as a result of research work of an authoritative specialist. It is also emphasized that the forensic report, as an independent forensic evidence in the case, can only be the result of forensic examination, appointed and conducted in strict accordance with the requirements of economic or civil procedural law, the signs by which the forensic report differs from other means of evidence are described. The features that distinguish forensic examination from examinations carried out in other areas of human activity are outlined. It is established that the means of verifying a forensic report in civil and economic proceedings are forensic expert testimony, other evidence provided by the procedure participants and comparing the report with the latter, as well as stressed that the distinction between verification and evaluation of evidence should be conducted according to individual criteria, their characteristic is given.

PROCEDURAL AND NON-PROCEDURAL FORMS OF SPECIAL KNOWLEDGE APPLICATION IN CIVIL AND ECONOMIC PROCEEDINGS

The article considers types and characteristics of special knowledge as well as legal status of persons applying special knowledge while civil and economic proceedings. The Article purpose is to identify existing gaps in civil and economic procedural legislation in relation to various forms of implementing special knowledge based on the analysis of description of their common features and identification of their application peculiarities in civil and economic proceedings. When considering the comparative legal research method, similarities and differences in entities using special knowledge, namely in a specialist, translator, teacher, were established. The analysis of norms of the current procedural legislation enables to deduce that a number of forms of special knowledge use can be distinguished in civil and economic proceedings, namely: court expertise; competent individuals’ expertise without involving them in a trial; attracting competent persons to participate in civil or economic proceedings; using the results of forensic examinations: forensic reports. The issues of legal regulation for a translator candidate choice in civil or economic proceedings and the problem of translators’ incompetence in legal terminology are identified. Methods for improving participation of translators in the proceedings were established. The opinions and observations of scientists in the field of law on the use of special knowledge in the field of law were analyzed, and the possibility of conducting legal vetting while court proceedings was criticized. It was established that procedural definition of special knowledge must necessarily include their general scientific concept as direct substantive basis for the concept of procedural, and the latter will determine only boundaries and forms of this knowledge special use in civil and economic proceedings, as well as legally significant consequences of such use. The analysis of forms of special knowledge use in civil and economic proceedings provides grounds to consider that, except for special knowledge that is used in the form of forensic examination, other forms are also used which are given a detailed description.

FEATURES OF THE PREPARATION AND APPOINTMENT OF FORENSIC EXAMINATION OF VEHICLES AND REGISTRATION DOCUMENTS

The article analyzes the features of the preparation and appointment of forensic examination of vehicles, procedural and tactical requirements for this examination. The vehicle is a special object of forensics, which imposes certain restrictions on its preparation for examination.
 Specific requirements for the tactics of investigative actions with this object are intended to ensure the legality and admissibility of evidence for criminal proceedings. The vehicle is also an object for conducting expert studies of various types. The issue of changing the identification numbers (body, engine), determining the year of manufacture, replacing the data carriers about the car (number and code plates, etc.) are resolved by means of traceability. To solve the issue of replacing the body number by replacing the panel with a number plate, a complex forensic chemical (paintwork research) and trace evidence examination are appointed.
 The issue of re-equipment of the vehicle is solved by complex trace evidence and commodity expertise, etc. The complexity of the study of the vehicle and the accompanying documents requires the appointment of directly comprehensive examinations of various types.
 In the investigation of unlawful acts related to the illegal movement of vehicles across the customs border of Ukraine, auto-merchandising and transport- merchandising examinations can also be carried out to solve the problems associated with determining the market value of wheeled vehicles, their components, as well as the amount of the cost of material losses caused to the owner or to the owner of wheeled vehicles, their components due to damage to the latter. The indicated examinations are quite often appointed in conjunction with the trace evidence examination.
 The fulfillment of certain procedural requirements is designed to ensure the legality and admissibility of evidence obtained in the course of investigative actions and the results of forensic examinations conducted by them.

Asphyxiation by inhaling the inert gas helium inside a plastic bag

А case of death from asphyxiation by inhaling the inert gas helium inside a plastic bag placed over the head.
 Findings and discussion. In our practice, we had a case of post-mortem examination of a 22 y.o. male. As it is known from the circumstances of the case, the mail corpse was found in a forest belt area, with his head inside a black plastic bag tight-fitted around his neck with a band. In the bag, there were two plastic tubes – one of them was placed obliquely at the level of right anterior surface of neck and was fixed to the neck with transparent adhesive tape. The other end of tube was connected to the outlet of a valve on a cylinder of brown color superscribed «HELIUM». The valve of a cylinder was opened. The other tube is located on the left side of the neck, with a rubber ball attached to the exposed end.
 On post-mortem examination, we found the following: face – pale, not congested, w/o petechiation; livor mortis – generalized dark purple discoloration of the skin. Findings on internal examination: congestion of internal organs; dark-red liquid blood inside the cardiac cavity and larger vessels; hemicardiadextra, SVC and IVC overfilled with blood. No hemorrhages under epicardium and pleura.
 Findings during microscopic examination of internal organs: Heart: lack of arterial blood, venous congestion. Albuminous degeneration of cardiomyocytes. Interstitial edema. Areas of dystelectasis, acute vesicular emphysema. Pulmonary congestion.
 Liver: irregular blood filling of tissue. Albuminous degeneration, destruction of hepatocellular cytoplasm. Interstitial edema. Kidney: cortical ischemia, congestion of straight venules. Albuminous degeneration in nephrothelium of convoluted tubules. Interstitial edema. Brain: irregular blood filling of cerebral vessels. In pia mater: edema&focal infiltrates of fresh RBCs. Focal voids surrounding the vessels and neurons. Ischemic degeneration of neurons. Red blood cells accumulations in the enlarged paravasal spaces. Suprarenal gland: irregular venous congestion of tissue; occasional thinning of adrenal cortex. Pancreatic gland: lack of arterial blood, venous congestion. Spleen: irregular blood filling of tissue. Decision: morphological signs of acute death. Pulmonary edema. Forensic toxicology test results: methyl, ethyl, isopropyl, butyl, isoamyl alcohol; barbiturates; opium alkaloids – morphine, codeine and their synthetic analogues; phenothiazine, benzodiazepine derivatives; ephedrine, ephedrone – have not been identified.
 Conclusion: As can be seen from the above, the results of forensic examination of corpse, forensic toxicology and forensic histology tests, with account being taken of circumstances and scene investigation details, allowed suggesting that the possible cause of death was the asphyxiation by inhaling the inert gas helium inside a plastic bag placed over the head.

The Maidan Massacre in Ukraine: Revelations from Trials and Government Investigations

The massacre of the protesters and the police during the “Euromaidan” mass protests on February 18-20, 2014 in Ukraine contributed to the overthrow of the Ukrainian government and ultimately to a start of the civil war in Donbas, Russian military interventions in Crimea and Donbas, the annexation of Crimea and an international conflict between the West and Russia. However, in spite of its importance to the politics of Ukraine and global politics this mass killing have been central subject of only a couple of studies. These studies concluded that the Maidan massacre of the protesters was a false flag operation and that far right organizations were involved in the mass killing of both police and the protesters. However, the dominant narrative promoted by the governments and the media in Ukraine and the West attributed the Maidan massacre of the protesters to the government forces and mostly ignored killings of the police. The official investigation by the Prosecutor General Office of Ukraine charged Berkut special police commanders and members with the massacre of the Madian protesters on Viktor Yanukovych orders and publicly stated that Berkut policemen and Internal Troops servicemen were killed by unknown persons of unknown allegiance. The research question is as follows: What does a large volume of various evidence made public for the first time by the Maidan massacre trials and government investigations reveal about which of the political forces were involved in this politically crucial case of mass killing? This paper analyzes more than 350 hours of video recordings of the Maidan massacre trials and information concerning investigations of this massacre in over 2,000 official court decisions in Ukraine, media interviews of prosecutors, Maidan and Berkut lawyers, and Ukrainian media reports about these trials and investigations. It examines court testimonies of wounded protesters and relatives of the killed protesters, results of forensic ballistic and medical examinations and investigative experiments, and videos and photos of the Maidan massacre shown during the trials. A video appendix includes brief relevant videos of the Maidan massacre and information from the recordings of the Maidan massacre trial. The 55 minute long online video appendix with added English-language subtitles is compiled from brief synchronized segments of on-site reports by American, Belgian, Belarusian, British, Finish, French, Dutch, German, Polish, Russian, Spanish, and Ukrainian TV correspondents and social media videos by various Maidan protesters who filmed this massacre on February 20, 2014. The study finds that the Maidan massacre investigations and trials revealed a variety of evidence, such as results of forensic examinations and testimonies of many wounded protesters, which shows that at least the absolute majority of the protesters were killed and wounded from Maidan-controlled locations and that the investigation and trials were for this reason stonewalled. The analysis shows patterns of ineffective and delayed Maidan massacre trials and the GPU investigations, trumped-up charges, and ignoring, reversing, and covering-up of the evidence, which was revealed by the GPU own investigation and which pointed to the massacre of the protesters and the police by “snipers” in the Maidan-controlled buildings and not by the Berkut police. The paper discusses implications of this study for understanding the Maidan massacre and the conflict in Ukraine and the international conflict over Ukraine.

Role of Multi-detector Computed Tomography in Medicolegal Evaluation of Non-Fatal Firearm Injuries in the Head in Assiut University Hospital

Background: Firearm injuries may cause physical disabilities, permanent infirmities, psychological harm or death of injured individuals. Multi-detector computed tomography (MDCT) became a mainstay noninvasive diagnostic tool in investigation of firearm injuries as it gives three dimensional imaging (3-D) and colored images. Objective: This study was designed to through light on the role of MDCT in medicolagal evaluation of non-fatal firearm injuries in the head which examined in Assiut University hospital. Subjects and Methods: this study was conducted on 67 cases of non-fatal firearm injuries in the head including an age group 16-70 years which presented in the trauma unit and outpatient clinic of neurosurgery department during the period from June 2013 to June 2015. After forensic examination, the cases were examined blindly by two consultant radiologists using 16-row multi-detector CT in diagnostic radiology department of Assiut University hospital after giving an informed consent. The obtained images were post-processed using an advanced diagnostic computer workstation to obtain multi-planar reformatted and three-dimensional volume-rendered images to examine soft tissues, skull and intracranial structures. The relevant disclosing MDCT images were documented, interpreted and data were discussed between participants of the research from departments of the forensic medicine and diagnostic radiology and compared to results of forensic examination. Statistical analysis of data was done. Results: Most of injuries occurred in males which represented 89.45% of total cases and the highest percentage of victims was in the age group 21-30 years which represented 31.3%. MDCT images help in determining details of inlets and exits (in soft tissue, bone and intracranial structures), recognizing the type of used firearm weapons (weapons firing shots represented 73.1%), retained projectiles, determination of the distance of firing (79.1 % of total). In addition it demonstrated retained projectiles which represented 46.3% of total cases and their details (types, numbers, shapes, sizes, trajectory and deflection inside the skull), intracranial hemorrhage, edema, skull fractures. It can help in determination of permanent infirmity (which represented 17.9% of total cases) and in planning for surgical interference. Conclusion: This study demonstrated that MDCT is an accurate diagnostic tool in the medicolegal investigations of firearm injuries. The MDCT images are documented forensic evidence which can be stored, electronically sent for medicolegal consultation and can be shown in the court. In addition, medicolegal experts can trust on MDCT for determination of permanent infirmities which can help injured persons to obtain compensations and determine responsibility of physicians about faults in malpractice claims.

The compound tombs at Cho Lach (Ben Tre)

Between April & May 2014, the Department of Archaeology (Faculty of History, University of Social Sciences and Humanities - Vietnam National University, Ho Chi Minh City) and the Department of Culture - Sports and Tourism of Ben Tre Province conducted an excavation of the compound tomb at Chợ Lách town (Chợ Lách district, Bến Tre Province). The main results are as follows: Archaeologists detected two raising architectures on brick ground like the architectural model of mausoleum, in which the big Mausoleum lies approximately directed southward, offset 3° east, including a stele house and a burial house in scale of 300cm in width, 240cm in length and 185- 205cm in height designed for 2-adult burial (normally a married couple often found in Nam Bộ Tombs). Two graves are of rectangular form because only soil walls surrounded the graves. They are submerged in water in the depth of 70-275cm, decomposed, containing just a piece of the adult skull, 5 very small bronze balls and plant traces (as coconut fiber and fruit (Mangrove palm), Bần rind (Sonneratia) and Ráng leaves (Acrosticlum aureum Linn), pottery and ceramic pieces etc. The small architectural mausoleum with stele and burial houses was opened heading straight West and with the scale of 140cm in length, 65cm in width and 95cm in height. The rectangular burial pit, with the dimension of length 130cm, width 60cm, depth 70cm, not flooded, so the wooden coffin covered by sarcophagus with iron nails is preserved. There are remains of a lying face-up child, spreading legs, wearing 2 bronze buttons. The baby was about 2-4 years old with the height of 100-110cm. From the results of forensic examination and comparative research into the tomb structure scale and the artifact collected from the excavated pit, the authors state that: The tomb monuments in Cho Lach belong to the styles of stele and burial house for aristocratic title, to the Nguyen Dynasty in two centuries 18th and 19th, with structure building material, brick grounds, steel frames, wooden coffins with iron nails, spherical virtual buttons, ceramic fragments etc. For the first time in Vietnam, tomb monuments contained such specific characteristics as 5 very small bronze balls and plant traces (as coconut fiber and fruit (Mangrove palm), Bần rind (Sonneratia) and Ráng leaves (Acrosticlum aureum Linn), pottery and ceramic pieces etc. Especially the first time in Vietnam, archaeologists find 2 aristocratic mausoleums sitting next to each other, perhaps belonging to the same family, in which the parents were lying in big burial pits and their child (ageing from 2 to 4 only) was lying in a small burial pit, but a majestic stele house of this model has still been built from the Medieval & Post-Medieval Ages.