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THEORETICAL PRINCIPLES OF FORENSIC LINGUISTICS

DOI: https://doi.org/10.33994/kndise.2021.66.50

L. Svyrydova

At the stages of preparing materials for conducting a forensic linguistic examination and in the process of research, problematic issues of a procedural and methodological nature arise, which are debatable due to the lack of regulation and the absence of systematic scientific theoretical research in the field of linguistic examination. The analysis of expert practice indicates the need for further developments in the field of forensic linguistic expertise, based on which the author makes proposals for improving the methods of authorship research and the development of directions for further research in the field of semantic and textual research. The author focuses on the need to carry out developments in the field of linguistic expertise, taking into account not only the current practice of conducting forensic linguistic expertise. Also taking into account the generalization of new literary sources, the number of which is increasing and the data of which are of interest to linguistic expertise from the point of view of analyzing emerging in the field of modern linguistics problems, as well as the socio-political situation in the country.
Attention is drawn to the fact that the judicial and investigative authorities appoint linguistic examinations at almost all stages of the consideration of cases/proceedings or the investigation of offenses, and it is also becoming increasingly popular in connection with the appeals of individuals/legal entities. The data of the conducted research can serve as the basis for the creation of new directions of research in the field of forensic linguistic examination and contribute to the development of its theoretical and methodological foundations.

Key words: linguistic expertise, authorship research, semantic-textual research, creolized (polycode) texts, complex research.

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THE USE OF POSSIBILITIES OF LINGUISTIC EXPERTISE TO ESTABLISH SIGNS OF PROVOCATION

DOI: https://doi.org/10.33994/kndise.2021.66.49

N. Akhtyrska

The article discusses topical issues of the use of evidence obtained as a result of covert (investigative) search actions (hereinafter – CISA), in particular, control over the commission of a crime. An analysis of the investigative and judicial practice testifies to the ambiguous interpretation of the tactics of the CISA, which leads to the ruling of acquittals by the courts, since signs of provocation are established in the actions of law enforcement officials.
The judicial practice has not developed a unified approach to assessing the actual circumstances of control over the commission of a crime. Different interpretations are allowed by the courts of first instance and appeal.
International convention standards provide for the possibility of such measures that are effective in the fight against corruption. The European Court of Human Rights (hereinafter – the ECHR) also recognizes the legality of covert operations in the fight against organized crime and corruption. At the same time, the ECHR points to a number of signs that allow determining the legality of such actions. In particular, the ECHR identifies two groups of criteria: substantive and procedural. Some relate to the nature of the actions of both parties themselves, while others allow the court to assess and verify the procedural grounds and the procedure for conducting the operation.
Despite the fact that the Decisions of the European Court of Human Rights are considered a source of law and the courts of Ukraine are obliged to use them in legal proceedings, in practice a number of unresolved questions arise when assessing evidence. That is, whether they are reliable and proper. Alternatively, is there a provocation, that is, a criminal offense, excluding person’s accusation?
The general criteria for provocation is the repeated offer by the agent to commit any illegal actions; verbal, organizational, psychological acts aimed at provoking, an attempt to evoke compassion, pity; use of friendly ties. The very fact of expressing “abstract readiness” (to hand over an unlawful benefit) on the part of law enforcement agencies is not a provocation.
A new direction in expert practice, linguistic expertise, which solves questions of speech and law, is used in Ukraine in this category of criminal proceedings extremely rarely. Since the operational purchase, test purchase, special investigative experiment are carried out in conditions of direct establishment of interpersonal communication, the content of communication should be considered from the point of view of tactical characteristics (psychological, organizational, speech), for the presence of a call to commit illegal actions by insisting, persuasion:
– the use of nihilistic culture, the prevailing illegal practice (“Everybody does it”, “You have to live”),
– willingness to pay (“I collected money”),
– involvement in the subject’s problems, which he/she can solve with the help of illegal benefits. Using the example of a specific criminal proceeding, the author reveals the mistakes of the investigating authorities and justifies the advisability of raising the level of awareness regarding the use of the possibilities of linguistic expertise to establish signs of provocation, indicating passive corruption or the exclusion of charges.

Keywords: linguistic expertise, provocation, covert investigative (search) actions, incitement, abuse of influence

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IDENTIFICATION PROCESS PERSON IN VIDEO RECORDING

DOI: https://doi.org/10.33994/kndise.2021.66.48

O. Vashchuk

The article is devoted to the characteristics of certain components of the process of identification of a person by the features of nonverbal information coming from his appearance in the video. The purpose of this study is to determine the identity of the features of non-verbal information objects (in statics) and its properties (in dynamics) in videos. It is stated that the research methods are system analysis, comparative analysis, synthesis, one-dimensional comparison, multidimensional comparison and its author’s modifications depending on the objects of a particular study.
It is stated that the objects of research in cases may be sources of nonverbal information in the video, which indicate the individual characteristics of the person and the features by which he can be identified. The subject of the study correlates with the object of the study and is determined by the sources of nonverbal information in the video. Thus, the subject of research in cases is nonverbal information in the video, which indicates the individual characteristics and properties of the person and the features by which he can be identified.
The process of research of nonverbal information objects in the video is revealed: it is a stage (preliminary, separate and comparative research; summarizing). It has been determined that samples in the study of objects of nonverbal information in video can be free and experimental and must meet clearly defined requirements. Preliminary research of nonverbal information objects includes preparatory actions, and separate research – a separate study of identification features and properties of comparative objects. The process of comparative research involves the accumulation of data and results from previous stages and a comparative study of the identification features and properties of objects. The process of summarizing the results includes evaluation of research results, formulation of conclusions and proper design of expert research of the whole process of research of a person on the features of nonverbal information coming from his appearance in the video.
The prospect of further development on creation of a technique of complex expert research of the person on materials of video recording at the level of the independent certified technique included in the Register of methods of carrying out forensic examinations is announced.

Key words: human identification, non-verbal information, personality research in video recording, identification signs, personality research in dynamics.

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OPTICAL PROFILOMETRY AS A METHOD FOR DETECTING INDENTED WRITING

DOI: https://doi.org/10.33994/kndise.2021.66.47

Ariel Elyashiv, Sarena Wiesner

The current methodology for indented writing detection involves electrostatic detection apparatus (ESDA) processing and oblique light. While commonly used in forensics analysis, ESDA has several drawbacks, including its unsuitability for documents of certain shapes and densities, the damage it occasionally causes to evidence, its need for prior humidification in order to process documents, and the ozone it creates. In this study we evaluated optical profilometry as an alternative to ESDA. We tested several optical profilometer brands and showed their capacity for detecting very slight indentations, even to the magnitude of 8µm. We also obtained the clear resolution of a 3D image of this writing.

Key words: forensic science, indented writing, optical profilometer, questioned document examination.

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THE IDENTIFICATION OF EMOTIONS AND JURY DECISION MAKING

DOI: https://doi.org/10.33994/kndise.2021.66.46

T. Birch, I. Birch, M. James

This study investigated the impact of a defendant’s emotions, expressed through gait and displayed through video footage, on jury decision making. The degree of state empathy and the case-related judgements of the mock jurors were assessed using a questionnaire. The results of the study suggest that the emotions being portrayed by a figure in a piece of video footage can be identified by viewers, and that careful consideration needs to be given to the potential ramifications of playing video footage in court and the subsequent impact on collective jury decision making.

Key words: Gait, emotion perception, jury decision making

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SOME FEATURES OF INSPECTION TACTICS IN THE INVESTIGATION OF CORRUPTION CRIMES COMMITTED IN LOCAL GOVERNMENT BODIES

DOI: https://doi.org/10.33994/kndise.2021.66.45

Yu. Motlich

The article is devoted to the study of the tactics of inspection in the investigation of corruption crimes committed in local government bodies. The problem of corruption in the world is quite relevant for Ukraine. Therefore, forensic science faces an important task of providing investigative practice with useful and effective recommendations for the implementation of the investigation of corruption crimes in local government bodies.
The article considers the main tasks of the inspection, the peculiarities of preparation and conduct of this investigative action. It was determined that during the investigation, the investigator should conduct a general inspection of the scene, as well as an inspection of objects and documents. An important role in the investigation of this category of crimes is played by inspection and seizure of documents, which should include official documents (contracts, extracts, reporting documents, inspection reports), various notebooks, diaries, notebooks, business and personal notes, drafts and more. Quite often, a specialist in the field of accounting is involved in reviewing documents in the investigation of corruption crimes committed in local government bodies.

Key words: crime, investigation, corruption, local government bodies, tactics of investigative actions, inspection of the scene.

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SEPARATE ELEMENTS OF THE CRIMINALISTIC CHARACTERISTIC OF INFANT KILLING

DOI: https://doi.org/10.33994/kndise.2021.66.44

А. Kovtun

The article describes and details the individual elements of the forensic characteristics of the crime under Article 117 of the Criminal Code of Ukraine, namely, the mother’s murder of her newborn child. The study of investigative practice and special literature on the scientific organization of the investigation, in particular the murder of her newborn child by a mother, shows that this activity is impossible without the use of such a scientific category as a forensic characteristic. Since the forensic characteristic is a kind of information model that will allow, in the course of the investigation of this offense, to correctly assess the investigative situation, to determine the organizational and legal actions at the initial stage of the investigation, namely, the construction of versions, the preparation of appropriate plans, etc.
Having in its arsenal information regarding the individual elements of this offense, namely: the way the mother committed the murder of her newborn child, the place and time of its commission, information about the identity of the offender, in this case the woman in labor, the child who was found dead, as well as changes in the environment and other information will allow the investigating authorities to more effectively predict the possible course of events, establish all the circumstances to be proved, as well as the persons involved in the committed offense.

Key words: infanticide, newborn child, forensic characteristics, object, place of crime, time of crime.

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PLANNING A CYBERCRIME INVESTIGATION USING AN ARTIFICIAL NEURAL NETWORK

DOI: https://doi.org/10.33994/kndise.2021.66.43

Ya. Nedilko

The article deals with the lack of a clear sequence in the actions of the investigator and the ineffective use of scientific and technical means during the pre-trial investigation of cybercrimes, in most cases, does not help to identify the perpetrators and bring it to justice.
Planning plays a significant role in the effective investigation of criminal offenses committed with the use of information technology (cybercrimes).
To determine the essence of planning an investigation, its formation in forensic science was analyzed.
The definition of the concept of “planning cybercrime investigation” is given. In our opinion, crime investigation planning should be understood as a pre-planned action plan of an investigator in a specific criminal proceeding to investigate cybercrimes, which is drawn up both by the investigator (orally or in writing) and with the help of information technology software (programs).
We suggest using an artificial neural network when planning a cybercrime investigation, since the main thing in an artificial neural network is that it is not programmed, but is trained based on examples.
We fully share this point of view and believe that on the basis of successful and unsuccessful plans for investigating criminal offenses committed using information technologies (cybercrime), it is possible to teach an artificial neural network to develop (program) a specific investigation plan in appropriate situations, as well as analyze existing investigation plans to find and eliminate errors.
It is worth noting that this Cybercrime Investigation plan, compiled by an artificial neural network, should be of a recommendatory nature. Any edits, changes, etc., as well as decisions on carrying out certain procedural or tactical actions proposed in the plan by an artificial neural network, should be made exclusively by the investigator.
The use of an artificial neural network when planning a cybercrime investigation will contribute to:
1) the investigator’s ability to effectively and quickly investigate cybercrime;
2) save time in scheduling a cybercrime investigation;
3) providing the most appropriate tactics and methods that should be applied during the pre-trial investigation of cybercrime;
4) a low probability that the investigation will come to a standstill;
5) ensuring the protection of human interests in cyberspace;
6) educing procedural and tactical errors on the part of law enforcement agencies;
7) compliance with the requirements of a reasonable time during criminal proceedings.
4) it is unlikely that the investigation will come to a standstill; 5) ensuring the protection of human interests in cyberspace; 6) reduction of procedural and tactical errors on the part of law enforcement agencies; 7) compliance with the requirements of a reasonable time during criminal proceedings.

Key words: planning of cybercrime investigation, artificial neural network, using artificial neural network

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PROHIBITION OF INTERROGATION AS WITNESSES OF PERSONS WITH PHYSICAL OR MENTAL DISABILITIES

DOI: https://doi.org/10.33994/kndise.2021.66.42

U. Polyak

The purpose of the article is to consider the issue of the need to supplement part 2 of Article 65 of the Criminal Procedure Code of Ukraine with a provision prohibiting the interrogation of persons who, due to their physical or mental disabilities, cannot correctly perceive the facts of evidentiary value and testify about them.
The author shares the opinion that the legislator unreasonably excluded from the list of persons not subject to interrogation as witnesses, persons who, according to the conclusion of the forensic psychiatric or forensic medical examination, due to their physical or mental disabilities, cannot correctly perceive the facts of evidentiary value , and testify about them.
It is proposed to prohibit the interrogation as witnesses of persons who, due to physical disabilities, are not able to correctly perceive the circumstances that are important for criminal proceedings. The author agrees with the proposal of scientists to amend part 2 of Article 65 of the Criminal Procedure Code of Ukraine, which cannot be interrogated as witnesses of persons who, according to the conclusion of a forensic psychiatric or forensic medical examination, through their mental or physical disabilities, cannot correctly perceive the facts, having evidentiary value, and to testify about them.
The analysis of the legislation showed that in the criminal procedure codes of many countries there is a provision prohibiting the interrogation as witnesses of persons who, due to their physical or mental disabilities, cannot correctly perceive the facts that have evidentiary value and testify about them. In addition, these codes contain norms that oblige the investigator and the court to appoint an appropriate expert examination to establish such a circumstance.
In the author’s opinion, part 2 of Article 242 of the current Criminal Procedure Code of Ukraine must be supplemented with the provision on the mandatory appointment and conduct of a forensic psychiatric or forensic medical examination to establish the mental or physical condition of a witness, if there is doubt about his ability to correctly perceive the circumstances that are important for criminal proceedings, and testify about them.
The introduction of amendments and additions proposed and justified by the author to the current criminal procedural legislation of Ukraine will allow to properly regulate the issue of prohibition of interrogation as witnesses of persons with physical or mental disabilities.

Key words: interrogation, witness, persons with physical or mental disabilities, witness immunity, testimony, incapacitated individuals, interrogation prohibition, mental or physical condition of the witness, forensic psychiatric examination, forensic medical examination.

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MATERIALS OF SOUND AND VIDEO RECORDING AS TYPE OF SOURCE OF EVIDENCE IN CRIMINAL PROCEEDINGS

DOI: https://doi.org/10.33994/kndise.2021.66.41

H. Kutskir

The article is devoted to clarifying the concept, place and role materials of sound and video recording as type of source of evidence in criminal proceedings. It is noted that evidence may be only those factual data that are obtained as a result of investigative (search) actions and their variety, such as covert investigative (search) actions, other procedural actions that are provided by the Criminal Procedure Code of Ukraine, and in the order provided by the relevant procedural action.
Attention is drawn to the fact that the system of procedural sources of evidence used to establish factual data is defined in the CPC of Ukraine and consists of testimony, physical evidence, documents and expert opinions. Attention is paid to documents as a source of evidence. It is determined that the legislator refers the materials of audio and video recordings to such a source of evidence as a document. It is emphasized that in this case it is necessary to evaluate the information itself, and not the material object on which they are recorded. The peculiarities of establishing the features and properties of video and sound recording as a separate type of documents and determining their affiliation to physical evidence or documents due to the specific process of their formation are indicated. Given is a detailed description of the procedure for their delimitation.
It is stated that the collection, receipt and request materials of photographs, sound recordings, video recordings and other media belongs to the prosecution, the defense, the victim in order to establish the circumstances relevant to the criminal proceedings. It is emphasized that any collection of evidence is possible only in accordance with the procedure provided for by the CPC of Ukraine, that is, in compliance with the criminal procedural form. The legal consolidation and practical application materials of sound and video recording in criminal proceedings is determined, in particular, that materials of video and sound recording can be obtained as a result of recording the course and content of investigative (search) actions and covert investigative (search) actions, as well as when recording a court session. Video and sound recordings obtained during of procedural actions are attached to the protocols of investigative (search) actions, covert investigative (search) actions and are stored in the materials of criminal proceedings.

Key words: sound recording, video recording, source of evidence, physical evidence, document, criminal proceedings.