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THE USE BY THE INVESTIGATOR OF THE KNOWLEDGE OF THE FORENSIC CHARACTERIZATION OF “CONTRACT” MURDERS WHEN INSPECTING THE SCENE

DOI: https://doi.org/10.33994/kndise.2019.64.16

V. Korg

The article analyzes the scientific approaches to the conceptual apparatus of forensic characterization of crimes and suggests that the forensic characterization of “contract” murders be considered as a system of significant forensic information about the signs of the preparation of the organizer (“customer”) to commit a murder, the identity of the perpetrator, the identity of the victim, typical murder methods, the circumstances of its commission, typical traces of a crime, the use of which allows the investigator, taking into account the specific situation determine the inspection tasks of the scene, investigative techniques. The main elements of the forensic characterization of the “ordered” murder are considered. An important element of the forensic characterization is the method of murder, which includes a method of preparing for a crime, a method of committing murder, a method of hiding traces of murder. Knowledge by the investigator of typical methods of murder will contribute to promptness in the search for the murder weapon, the identity of the criminal, traces, physical evidence, the solution of the main tasks of inspecting the scene, and solving the crime in hot pursuit. Forensic knowledge of the investigator on the preparatory actions of the organizer, the stages of the preparation of the “customer” and the executor (killer) of the murder are essential for the investigation of the “ordered” murders. In the process of preparing for the murder, the “executor” plans in advance how to conceal traces of the murder. Identifying and fixing the material traces at the scene of the incident will help the investigator to simulate the “trail picture” of the “contract” murder, to put forward versions of the identity of the perpetrator, the person of the victim. Using the investigator, tactical rules, forensic recommendations when inspecting the scene of the incident will quickly reveal and investigate the “ordered” murder.

Key words: forensic characteristic, typical method of killing “by order”, the preparatory action of the “customer”, the typical traces of the murder, a crime scene examination.

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PREPARATION AND CONDUCT OF INSPECTION IN THE INVESTIGATION OF THE CREATION OF MILITARIZED OR ARMED GROUPS NOT PROVIDED FOR BY LAW

DOI: https://doi.org/10.33994/kndise.2019.64.15

V. Halahan; R. Dudarets

The article focuses on the importance of the successful conduct of investigative actions aimed at gathering evidence in the investigation of the creation of militarized or armed groups not provided for by law. Among these procedural actions, a special role belongs to the inspection. After the inspection, the investigator has a real opportunity to use the obtained evidence to verify existing evidence and to obtain new evidence, to substantiate important procedural decisions in a particular criminal proceeding.

However, the inspection on the temporarily occupied territory of Ukraine is associated with a few features. First of all these include the need to conduct an inspection in a combat zone, with the involvement of sappers and other specialists, in order to maximally secure the life and health of the members of the investigative team. In addition, it complicates the inspection of the delivery of suspected persons to the investigator after a considerable period. However, despite these circumstances, which significantly complicate the investigation, an inspection of the scene of an incident must be carried out in each specific case of the creation of militarized or armed formations not provided for by law. It is advisable to entrust the investigation of these crimes to the investigative and operational group, which includes the investigator of the security agencies, the investigator of the National Police, employees of the operational units of these agencies, the forensic inspector, explosives (sapper), dog handlers with an investigative dog (if necessary), military personnel specialists in the field of rocket troops and artillery, military personnel of the Military service of law and order in the Armed Forces of Ukraine.

The algorithm of activities that need to be carried out before going to the scene of action includes actions aimed at verifying the objectivity of the message received, promptly collecting all specialists, going to the scene of the incident, equipping the team leader with a radio station. Work at the scene is preceded by preparatory activities: assisting possible victims, defining the boundaries of the inspection, guarding it, taking photos, video filming, and preliminary survey of the territory by sappers to identify unexploded whizz-bang. What the peculiarities of direct inspection of the scene of an incident is its maximally limited time of holding, fixing with the help of specialistsʼ traces of the crime, their withdrawal for further necessary examinations. Abidance of the procedural order and tactical recommendations of the inspection will contribute to the work of the investigative and operational team in terms of maximally preventing a real threat to the life and health of its participants.

Key words: creation of paranoid or armed formations not provided by law, pre-trial investigation, review, tactical recommendations, investigation-operational group.

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PERCEPTION AND USE OF VERBAL AND NON-VERBAL INFORMATION WHEN CONDUCTING INVESTIGATIVE ACTIONS

DOI: https://doi.org/10.33994/kndise.2019.64.14

V. Tishchenko; O. Vashchuk

Non-verbal information is indicative. Most scientists believe that it can not be considered as a source of evidence and has only a tactical value. In general, we can agree with this, but the connection between non-verbal information and evidence exists that it is necessary to take into account and use in criminal proceedings. Non-verbal information may suggest where and what sources of evidence can be found (the corresponding human response to certain irritants from the investigator: logical arguments, presented objects or documents, evidence of accomplices, etc.); point to the attitude of a person to other participants in criminal proceedings, to the motives of the crime, etc. It can strengthen the evidentiary value of the testimony of a person or, conversely, enter into conflict with them.

Non-verbal information is an important component in the system of interpersonal communication and is closely connected with verbal information, forming a complex means of communication, significantly influencing the content, character, goals and results of investigative tactics.

Direct perception of non-verbal manifestations (appearance, non-verbal behaviour, manner of communication) along with linguistic (verbal) characteristics creates a certain image of the recipient and determines the range of tactical methods and psychological means of influence that will be most effective in this situation.

Proper decoding of non-verbal information should be based on the study of psychological and forensic literature. It would be desirable for criminalists and psychologists to jointly develop appropriate educational and methodical manuals, reference books, and for law enforcement agencies to introduce special courses on the basis of legal institutions to provide relevant knowledge and skills to practitioners in a comprehensive perception and use of verbal and non-verbal information.

Special attention in the study of non-verbal behaviour and other manifestations of non-verbal information should be paid to the methods of observation, analysis of verbal information and non-verbal manifestations in their comparison, as well as an emotional experiment to stimulate non-verbal behaviour.

It is advisable to use the results of studying non-verbal information in constructing tactics of investigative actions, psychological and forensic diagnostics of their participants, awareness of the circumstances of a crime, signs of giving false testimony. They may also influence the evaluation of evidence, increasing their strength or pointing out their possible fallacy.

In each case of an investigative action, it is necessary to consider whether it is advisable for a specialist psychologist to participate in it – a specialist in non-verbal information and its interpretation, as well as a joint analysis of such behaviour after the investigative action, which should be accompanied by video recording.

Key words: verbal information, non-verbal information, investigation (search) action, criminal proceedings, criminalistics.

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EVOLUTION OF NORMATIVE REGULATION OF MEDICAL EXAMINATION

DOI: https://doi.org/10.33994/kndise.2019.64.13

Ye. Lukianchykov; S. Petriaiev

The article analyzes the development of the regulatory framework of the institution of certification, starting with the Lithuanian charters to the present day. It is noted that at various historical stages, the definition of the content of the medical examination as a means of obtaining information about the crime and the person who committed it was approached in different ways, but it was always considered in connection with the examination. This emphasizes the affinity of the methods that were used during the examination and medical examination. The specificity of the examination was determined by the subject of inspection – the body of a living person. Sometimes examination was called inspection of objects and a corpse, and in some cases, the tasks of the examination included determining the state of the human body, its age, etc.

Analysis of the regulatory regulation of the examination at various stages shows that standards have always been provided to ensure the rights and interests of the person being examined. In the first place, this concerned the examination of persons of a different gender than the investigator, referred to persons who could carry it out, in order to protect the honor and dignity of the person being examined.

The article analyzes the legislation of different periods in the history of the USSR and some countries that emerged after its collapse in terms of the purpose of the medical examination. It is noted that the purpose of certification in the Code of Criminal Procedure of these states is not determined equally. In some, as in Ukraine, the goal is to establish on the human body traces of crime and special signs. In others, the objectives of the examination include the establishment of a state of intoxication or other properties that are relevant to the criminal case.

Article examines the issue of the possibility of compulsory examination of the person; the opinions of various groups of authors and their justification are given; Additional arguments are given about the necessity and possibility of compulsory examination of a suspect, victim, witness who refuse to voluntarily pass it, after using the available means and methods of persuasion.

Attention is drawn to the fact that the investigator or the prosecutor should not be deprived of the opportunity to establish the truth and protect the rights and interests of the victim of the crime, due to the fact that for some reason he does not want this.

Key words: examination, regulation, subject of examination, human properties.

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ON THE ROLE AND IMPORTANCE OF FORENSIC EXPERTOLOGY

DOI: https://doi.org/10.33994/kndise.2019.64.12

V. Koloniuk; Yu. Foris; O. Yudina; V. Vynohradova

The suggested hypothesis of M.Ya. Sehai allows extrapolating the results of applying whole methods within the framework of each class (forensic expert substratology, forensic expert documentation, and forensic psychonomics).

This does not diminish the significance of the scientific ground of the provisions of a particular type of forensic examination, but thanks to the challenging hypothesis of M. Ya. Sehai concerning the relationship of interaction and the provisions justified by him in forensic science, this will allow applying “forensic” methods (which, by and large, does not exist, since methods are general scientific) to the subject of research in other types of forensic examinations, where they have not previously been used.

The subject of the study of forensic science and forensic expertology enlarges each other, at least from the perspective of using special knowledge in legal proceedings.

Conclusion is the following: in forensic expertology has its own role in justice, it is a completely established theory with a hypothesis and accepted facts at present. Forensic expertology has its own subject; it integrates the scientific methods of individual forensic expert theories and has its own methodological function.

Key words: forensic expertology, criminalistics, forensic science, forensic expert substratology, forensic expert documentation, forensic psychonomics, hypothesis.

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DEYAKI ASPECTS OTSINKI RESULTS DOSLІDZHENNYA AT THE COURT-EXPERT DІYALNOSTI І VІDOBRAZHENNYA VISNOVKU

DOI: https://doi.org/10.33994/kndise.2019.64.11

P. Petkovich; V. Prisekaru

In this article authors touch the problems upon the expert activities, related to the evaluation of the results of the conducted researches and the reflection of these results and the expert’s conclusions regarding the proof of conclusions, analyzing the judicial practice of different countries. Explains the reasons for the different approaches of judicial experts to this part of the methodological and legal requirements and their impact on the judicial process as a whole. The authors present the results of the analysis of forensic practice of their own state. Emphasis in work is placed on the need for proper presentation of the stage of evaluation of research results when drawing up an expert opinion, so, how exactly at this stage the expert analysis is done, on the basis of the fundamental knowledge of scientific identification, diagnosis and proof. Also, the authors suggest ways to address the issues discussed.

Key words: expert research, legal process, forensic expert practice, expert assessment, proof, identification.

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PARTICIPATION OF EXPERTS IN JUDICIAL CONSIDERATION OF CRIMINAL CASES – INNOVATIVE APPROACH

DOI: https://doi.org/10.33994/kndise.2019.64.10

I. Kalancha

This article deals with topical issues of innovative enhancement of expert participation in criminal proceedings. It is identified the problematic questions of an expert’s examination during the trial to clarify or supplement its conclusion in accordance with Section 7, Article 101 CPC of Ukraine.

It has been learned the experience of distance communication with court experts in Australia and Spain as well as took into account the shortage of personnel in the Expert Service of the Ministry of Internal Affairs of Ukraine and expert institutions of the Ministry of Justice of Ukraine. On this basis, it is proposed to consolidate the Criminal procedure code of Ukraine and to technically provide a remote procedure for the participation of experts during criminal proceedings.

It has been suggested for experts to be involved in criminal proceedings through an electronic exchange of data between the court’s systems and experts.

In order to accomplish these tasks, it is proposed to develop an electronic system based on the Register of Certified Forensic Experts. This system should provide the following: maintaining a register of forensic experts and reflecting the types of expertise that the expert can carry out and the level of workload of the expert; exchange of electronic procedural documents with the subjects of criminal proceedings; distance communication with the court. An electronic expert system should also include: automatic examination of the expert’s authority when conducting an electronic examination procedure appointment; authentication on the basis of an electronic signature in the manner prescribed by law; creation of electronic conclusions of experts, their signing by electronic signature, and exchange of electronic procedural documents with the subjects of criminal proceedings.

The article describes the introduction of an electronic criminal procedure for the appointment of an expert examination so that the expert receives access to the necessary criminal investigation information through a personal virtual office in the electronic system.

Key words: criminal proceedings, subjects of criminal proceedings, register of forensic experts, types of forensic examinations, electronic procedural documents.

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ASSESSMENT OF THE CONCLUSIONS OF «SCIENTIFIC JUDGES» IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

DOI: https://doi.org/10.33994/kndise.2019.64.09

N. Akhtyrska

The article, based on an analysis of judicial and investigative practices, highlighted the complex issues relating to the legal status of an expert and a specialist, ensuring their independence, evaluating and using the conclusions of an expert and a specialist by the court in strict compliance with and ensuring the principle of equality of the parties in the criminal process.

The defense has the right to request the cross-examination of the expert, regardless of whether he was questioned at the pre-trial investigation stage. This does not exclude the possibility of using the previous testimony in court (protocol, audio, video recording), but only for the purpose of establishing contradictions. Refusal to satisfy the petition is a violation of the Convention requirements for a fair trial and equality of the parties. A tacit refusal of any guarantee of justice is not excluded, but at the same time, the existence of such a refusal must be proved «unequivocally».

The court is obliged to accept as evidence from the defense the findings of the expert on the same issues on which the prosecution provided the findings of the state examination. The rules of admissibility of evidence may sometimes be contrary to the principles of equality of the procedural capacities of the parties and the adversarial process or otherwise affect the fairness of the proceedings. The rules for the admissibility of the conclusions of a specialist should not deprive the party of defense of the opportunity to effectively challenge them, in particular, by using them in the case or obtaining other opinions and conclusions.

The state prosecution is obliged to disclose to the defense all available evidence (the conclusions of the examination for the benefit of the prosecution, and for the benefit of the defense). Hiding expert conclusions is a violation of the principle of equality of the parties.

In the context of globalization, it is often necessary to use evidence obtained in the territory of a foreign state. All documents must be provided to the defense for review in plain language. If at the end of the investigation some documents are not translated and it is provided only after the start of the judicial review, the court is obliged to announce their contents and provide them for review. According to the Court, this does not constitute a violation of the right to defense.

 In case of poor-quality translation, the party has the right to request a re-transfer.

If documents in a foreign language remain in the case file (without translation), this does not indicate a violation of convention standards if the arguments contained in these documents are not based on the indictment or conviction.

Thus, in order to provide methodological assistance to law enforcement agencies and courts in the application of legislation related to the involvement of experts and the assessment of their findings, it is necessary to develop guidelines with regard to international standards, convention requirements, as well as to make changes and additions to existing legislation.

Key words: criminal proceedings, «scientific judges», questioning of an expert, expert opinion, specialist opinion, European Court of Human Rights.

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CURRENT STATE AND PROSPECTS OF THE IMPLEMENTATION OF PEDAGOGICAL TECHNOLOGY OF INDIVIDUAL WORK AND SELF-TRAINING OF FORENSIC EXPERTS

DOI: https://doi.org/10.33994/kndise.2019.64.08

O. Kofanova; A. Kofanov

Experimental verification of the modern possibilities of introducing the technology of organization of individual work of students of the Educational and Scientific Institute (training of criminologists and experts).

The verification of the effectiveness of the implementation of the technology of organizing the individual work of students (the formative stage of the pedagogical experiment) is realized by comparing the results of the educational activities of the experimental and control groups of the students.

Key words: pedagogical technology, preparation of forensic experts, individual work, independent preparation.

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ELECTRONIC CONCLUSION OF EXPERT IN CRIMINAL PROCEEDINGS

DOI: https://doi.org/10.33994/kndise.2019.64.07

A. Stolitnii

The article describes the current state and prospects of development of the expert opinion form in criminal proceedings and the communication of the latter with the participants of the proceedings, taking into account the modern information society, ways of improving this activity, including through the introduction of electronic procedural control.

It is proposed to create an information and telecommunication system based on the Register of Certified Judicial Experts, which will provide for the automated creation of experts’ conclusions in electronic format (on the basis of a template system, automation of mathematical calculations, system of control of terms of execution, etc.), exchange of procedural documents with the subjects of criminal proceedings. The article also proposes a full transition to the electronic format of communication between the expert (through the relevant expert institution) and the key specialized subjects: an investigator, a prosecutor, a lawyer, an investigating judge.

The task to be implemented is to transform the expert’s conclusion into an electronic format, in particular: a) to create a normative basis for involving an expert in the electronic segment of criminal proceedings by introducing amendments to the CPC of Ukraine, the Laws of Ukraine «On Forensic Examination», «On State Expertise of Land Management Documents», Instructions on the appointment and conducting of forensic examinations and expert studies and Scientific and methodological recommendations on the preparation and appointment of forensic examinations and experts research, etc .; b) creation on the basis of the Register of Certified Judicial Experts of the interactive right-realization environment (systems) for experts; c) improvement of the technical capabilities of the Unified Register of pre-trial investigations: the establishment of an interoperability system between the Unified Register of pre-trial investigations and the Advanced Register of Certified Judicial Experts, the Register of Methods for conducting forensic examinations, etc.; creation of the subsystem «Expertise» in the Unified Register of pre-trial investigations.

According to the results of the study, it is proposed to reconsider the approach to the expert’s form in the criminal proceedings by transforming it into an electronic format. For the execution of certain articles. 2 of the CPC of Ukraine, the tasks of criminal proceedings in order to ensure prompt investigation, the electronic format of the expert’s conclusion is relevant both in the part of creation, transmission and use, since by means of electronic communications can be sent from an expert institution to an investigator or prosecutor, provided to the party of protection in the order st.st. 221, 290 CPC of Ukraine, etc

Key words: criminal proceedings, expert opinion, electronic form, electronic control, communication.