The appointment of an examination, as well as any adoption of a procedural decision in a criminal case, requires careful preparation from the investigator.
Preparation for the appointment of an examination consists of the following elements:
– Selection of an expert or an expert institution;
– Formulation of questions to the expert;
– Collection of materials necessary for the implementation of expert research;
– Issuance of a decision on the production of expertise.
– Familiarization of the accused with the decision on the appointment of an examination and taking measures on received petitions.
Let’s take a closer look at these preparations.
Selection of an expert or an expert institution.
The person conducting the investigation in a criminal case, the head of the investigative unit, the supervising prosecutor, the accused shall have the right to choose an expert.
We already know that persons who have knowledge in science, craft, technology or art and who have the right to draw up a conclusion based on the results of research can act as experts. However, in the production of certain types of examinations, strict requirements are imposed on experts. So, only doctors who have completed a special training course and received an appropriate document can act as forensic experts. Only a psychiatrist can be a forensic psychiatric expert. Forensic examinations, as a rule, are entrusted to specialists who have permission to conduct them.
When preparing for the appointment of an examination, the investigator will have to choose an expert institution in which expert studies will be carried out or an appropriate specialist who will act as an expert.
Formulation of questions for the expert.
An important element in the preparation of the appointment of an examination is the formulation of questions to the expert. The successful implementation of this element directly depends on how well the investigator knows the possibilities of a particular examination.
The questions to be asked by the expert should be:
– clear and understandable for the expert. Compliance with this requirement will make it possible to exclude an incorrect interpretation by the expert of the questions posed to him;
– correct, which will make it possible to clearly understand the purpose of the examination;
– non-legal, i.e., they should not be of a legal nature. For example, questions about guilt, motives and goals for committing a crime, etc.
Collection of materials necessary for expert research.
In order to resolve the issues raised during the appointment of the examination, the necessary objects in sufficient quantity must be presented to the expert. The collection of objects is carried out by performing various investigative actions, such as: inspection of the scene, search, seizure, obtaining samples for comparative research, etc.
Issuance of a decision on the production of an examination.
The decision to appoint an expert examination is the legal basis for the production of an expert examination.
The main requirements for the decision on the appointment of an examination are provided for by the criminal procedure law, and are studied by the course of the criminal process.
Familiarization of the accused with the decision on the appointment of an examination and taking measures on the received petitions.
At this stage, the accused is familiarized with the decision on the appointment of an examination and clarification to him of his rights established by Art. 195, 198 of the Code of Criminal Procedure of the Russian Federation, about which a protocol must be drawn up. The decision on the appointment of a forensic psychiatric examination is not announced to the accused if his mental state does not allow it.
In order to ensure the rights of the accused, it is necessary to find out whether he has any petitions in connection with familiarization with the decision to appoint an expert examination. For example, on the removal of an expert; on the appointment of an expert from among other persons, and which ones; about asking additional questions to the expert.
If the petition of the accused is satisfied, the investigator will accordingly amend or supplement the decision on the appointment of an expert examination. If the investigator decides to refuse to satisfy the stated petitions, then in this case he issues an appropriate reasoned decision, which he announces to the accused against signature.
However, this work may not be carried out at all if no one is involved as an accused in the case.
After the completion of the preparatory measures, the decision with the objects of the expert study and the necessary materials is sent to the expert institution or transferred to the expert for the performance of the examination.
Concluding the consideration of the second question, it should be noted that the key to a successful examination is its preparation, namely the selection of an expert, the qualitative selection of objects of expert research and the competent formulation of questions to the expert in order to most fully clarify the factual data relevant to the case.
3. Tactics for obtaining samples for comparative research
Obtaining samples for a comparative study in the manner prescribed by Art. 202 Code of Criminal Procedure – is an investigative action. Its production is possible only if there is an initiated criminal case.
The law allows the collection of samples from suspects, defendants, witnesses and victims. However, for the last two categories of participants in the criminal process, obtaining samples, possibly solely for the purpose of distinguishing the traces left by them from the traces of the criminal.
The following samples can be obtained from the above individuals:
– handwriting, displaying the system of hand movements;
– other samples that are products of human activity;
– fingerprints of hands, feet, etc., reflecting the external structure of these organs.
Obtaining samples for a comparative study is a measure of procedural coercion, since in the course of this investigative action, the constitutional rights of a citizen are violated – the right to inviolability of the person. Therefore, the procedural basis for obtaining samples is a reasoned decision of the person conducting the investigation. This resolution must be presented for familiarization against signature to the person from whom samples for comparative research will be obtained.
To participate in obtaining samples for a comparative study, specialists of various professional orientations, for example: doctors, forensic scientists, etc., may be involved. The help of a specialist may be needed, both in resolving issues that arise for the investigator in the process of obtaining samples, and in evaluating the results (in determining the sufficiency of samples and their quality).
Participation of attesting witnesses in the production of this investigative action Art. 202 of the Code of Criminal Procedure is not regulated. However, there are cases when the presence of attesting witnesses would be appropriate – for example, if there is reason to believe that the person from whom the samples were obtained may later declare that violence was used against him, humiliation of his honor and dignity, etc.
If obtaining samples for a comparative study is part of a forensic examination, then it is carried out by an expert without issuing a decision, which is reflected in the expert opinion.
The place of obtaining samples for comparative research is usually the office of the investigator. But the possibility of conducting this investigative action in another place, for example, in a medical, expert institution, is not ruled out.
The timing of obtaining samples depends on the circumstances of the case. If their receipt is not dictated by urgency, they are received during the daytime (from 06-00 to 22-00). There are cases when, for tactical reasons, it is not necessary to rush to obtain samples for comparative research, since this may affect the behavior of the person concerned, since he learns about the examination, and therefore about the evidence available to the investigator in the case under investigation.
Like any investigative action, obtaining samples for a comparative study consists of three stages – preparatory, working and final.
During the preparatory phase, the following is determined: the purpose of obtaining samples; the person from whom it is necessary to obtain samples; place and time of this investigative action; persons participating and present; tactics and conditions for obtaining samples; necessary technical means. The crown of the preparation is the plan of the investigative action. The plan can be either oral or written. It all depends on the specific circumstances of the case and the prevailing investigative situation.
The working and final stages are implemented using tactics in specific methods for obtaining samples.
There are the following tactics for obtaining experimental samples for a comparative study:
establishing the certainty of the origin of samples from a particular object;
ensuring that adequate quality samples are obtained;
ensuring that samples are obtained in the required quantity;
ensuring compliance with the requirements of legality, moral and ethical standards;
widespread use of special knowledge, technical forensic and other means.
Before receiving the samples, the investigator must verify the identity of the suspect, the accused, the witness, the victim by checking the documents. Then the decision is announced to the person to receive samples from him for a comparative study against signature. Art. 202 of the Code of Criminal Procedure does not regulate the compulsory receipt of samples for a comparative study. If, nevertheless, the person refuses to participate in the investigative action, in this case it is necessary to draw up a protocol in which to reflect the motives for the refusal and its explanation against signature, and for expert comparison, select conditionally free and free samples. When receiving samples, the investigator must create an environment in which the humiliation of the honor and dignity of a person, as well as danger to his health, would be excluded. The progress and results of obtaining samples for a comparative study are recorded in the protocol in accordance with Art. 166-167 Code of Criminal Procedure. In addition to general details, it indicates the grounds for obtaining samples, which and in what quantity were received, and also describes the process of obtaining directly. Additional methods of fixing this investigative action include photography, film and video shooting, etc. The received samples, as well as photographs, film and video tapes are attached to the protocol. The protocol is signed by the investigator, the person from whom the images were obtained, as well as other persons present and participating in the course of obtaining samples for a comparative study.
Among the variety of traces used in the disclosure and investigation of crimes, footprints are very common. Footprints allow us to judge the circumstances of the committed act and some of the qualities of the criminal himself. Which, of course, is very important both for the search for the criminal and for the further investigation of the crime.
If papillary lines are displayed in the studied surface trace of the sole of the foot, then in order to obtain experimental samples, it is necessary to cover the corresponding surfaces of the foot with a thin layer of black printing ink. After that, the foot is gently rolled over a white sheet of paper, on which, then, the installation data of the person subjected to fingerprinting is reflected. When obtaining such samples, special attention must be paid to their quality. The ink should be applied so that it does not fill the grooves between the papillary lines, otherwise false marks may form and at the same time there should not be enough ink, as the prints may be very pale, and as a result, they will not be suitable for identification. When obtaining leg samples, it is necessary to take into account how the studied samples were formed. For example, when walking, when standing. If the traces are formed while standing, then the experimental ones are required to be obtained on separate sheets, but if the traces are formed while walking, then it is desirable to obtain samples on a paper tape while asking the person to walk along it.
Obtaining samples of teeth marks.
These tracks are quite rare. As a rule, they can be found on plastic materials, food products such as candy, chocolate, cheese, apples, etc. Tooth marks are found on cigarette holders and cigarette filters. The track is mostly ring-shaped with more or less clearly visible marks.
The dental apparatus of each person is individual. Therefore, when examining the traces of teeth, it is possible to establish the person who left them.
There are two types of teeth marks:
When biting off, linear marks are formed on the surface of the object and, as a rule, from the front teeth of the upper and lower jaws (incisors, canines). When biting, depressed marks are formed on objects. In this case, both linear and point traces can remain. To identify a person by teeth, experimental samples of traces are used.
To obtain high-quality samples, it is necessary to most accurately reproduce the conditions under which the traces under study were formed. Select the appropriate material. The material should most fully and accurately convey the features of the structure of the teeth, as well as be safe, hygienic, tasteless. Such materials can be: plasticine, stens, gypsum, elastic rubber, wax. In addition, bite marks are recommended to be obtained on fresh cheese, frozen butter, marmalade.
In addition to the experimental traces, it is advisable to provide the expert with dental casts, the preparation of which is desirable to entrust to a specialist, for example, a dentist, stomatologist, etc. These casts can be obtained using pastes of the brand “K”, “AST”, “Sielast”.
Obtaining samples of secretions of the human body.
In addition to traces-displays at the scene, objects related to the crime event, various traces of substances from the secretions of the human body can be found: blood, saliva, sweat fat, semen, excrement, etc.
The collection of blood samples usually takes place in a medical facility, preferably the Bureau of Forensic Medical Examiners (BFME). For these purposes, a specialist in the field of medicine is invited, who, using a disposable syringe, takes blood in a volume of 3-5 cm3. When drying the blood, a spot is required on a sterile gauze swab measuring 5-6 cm2. At the same time, both liquid and dried blood are sent for research.
Saliva is obtained in liquid form in a volume of 5-8 cm3.
In conclusion of the issue under consideration, it should be noted that the samples for a comparative study must be of adequate quality and obtained in the quantity required for the production of the relevant examination. The conditions for obtaining samples should correspond as much as possible to the conditions of the sample under study, which means that the sample must be obtained on the same material as the object under study, with similar tools and means.