Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF I. Pyrih Завантажень: 10, розмiр: 299.4 KB

DOI: https://doi.org/10.33994/kndise.2020.65.21

I. Pyrih

The article deals with the peculiarities of conducting an inspection of the scene of crime with the participation of specialists, the types of activity of specialists in carrying out this investigative (search) action. Possibilities of conducting on-site trace investigations and problematic issues related to the fixation of specialist research activities are identified. It is emphasized that the use of specialized knowledge, along with the use of modern scientific and technical devices is a prerequisite for conducting a site inspection. Their use is required not only during the detection, fixation and removal of traces, but also for the overall assessment of the location of the event, conducting preliminary investigations at the scene aimed at explaining the facts of the occurrence of certain traces, their location and time of occurrence, etc., which may indicate the mechanism of the event as a whole.

The definitions of the location review and its tasks have been analyzed. It is concluded that almost all scientists consider the task of reviewing the detection, fixation, removal and investigation of material objects at the scene. The consequence of these tasks is to obtain information about the mechanism of the crime and its participants. Most of these tasks can be solved only after a thorough study of the situation of the scene, which involves various specialists.

The problems that exist during the course fixation and the results of the site inspection are analyzed and highlighted. It is noted that the material objects discovered and removed during the investigative (search) action are described in the protocol and properly packed. Information on the technical means used during the investigative (search) activities and the results of their application are also contained in the protocols or annexes thereto. However, the results of on-site investigative actions conducted by both the investigator and the specialist involved and which form the basis for the investigation version are not always recorded in the protocol. Forensic recommendations for drafting the review protocol do not prohibit any opinions, comments or explanations from their participants. According to the author, the fixation of research activities, especially by a specialist, as well as their results in the form of categorical conclusions or versions, should be recorded in writing. The results of any investigations, judgments, versions, assumptions made by the specialist about the circumstances to be ascertained and proven, based on the use of his or her specialized knowledge and which may facilitate the investigation of the crime, should be recorded.

It is proposed to change the traditional approaches to the content of the investigative (investigative) action protocol. After a detailed description of the on-site investigations, with all the methods and tools used, the results and conclusions obtained after the investigations should be recorded in the protocol, even in probable form. Such conclusions will be the logical conclusion to a part of the protocol that describes ways to detect and remove traces. It is emphasized that the fixation of research actions is important in the conduct of forensic (mainly forensic) examinations, the objects of which are objects removed during the examination of the scene.

Key words: criminal proceedings, investigative (search) action, scene inspection, footprints, specialist, forensic examination.