Forensic examination is what? Center for Forensic Expertise. Forensic Bureau

Judicial examination is a procedural action that has long become standard in criminal proceedings. The conclusion of a specialist occupies one of the leading places in the evidence base of the case.

Let's study this institute in more detail.

general characteristics

Forensic examination is a procedure by means of which factual data are established on the basis of application of special scientific, technical, craft and other knowledge, with full and absolutely objective investigation of the case. Thanks to the evidence obtained, it is possible to establish the fact of the suspect's involvement or innocence.

Forensic examination is an extremely effective tool, in the process of which the entire arsenal of the latest achievements of technical and other means is used. At the moment, this region is booming due to the integration of science. This creates the prerequisites for developing an integrated approach to research. The use of special knowledge reveals such opportunities in obtaining evidence base that were previously inaccessible.

Tasks and methods

The tasks of the procedure include:

• Identification of objects (human, objects, plants or animals);
• Diagnostics, that is, revealing the way of the occurred event, time, sequence of phenomena, connections between them, characteristics of objects, their attributes and properties that can not be determined by ordinary perception;
• Prevention, consisting in identifying the conditions under which the offense was committed, and developing ways to address them.

In the course of the research, some methods are used that can be borrowed from the technical and natural sciences or developed directly for examination. But even with the transfer of funds, they undergo a serious transformation for use in research activities.

Kinds

Judicial examination is an action that is performed for different reasons. It can have a different composition of experts, the scope for evaluation, the sequence of actions and the place.

Thus, different research classes are distinguished in the field of knowledge:

• Medical;
• Forensic;
• Materials and substances;
• Economic;
• Biological;
• Others.

In volume they can be:

• Basic;
• Additional (appointed, if after the main study remained unclear).

At the place of expertise, they are divided into:

• In special institutions;
• Outside the walls of expert organizations.

Different can be provided for and consistency. So, they are:

• Primary;
• Repeated (they include studies that are assigned to the same objects and solve the same issues as in the original form, but in the first case the findings were found to be unreasonable or they raised serious doubts).

The number of specialists distinguish:

• A study conducted by an expert;
• Commission, with the involvement of two or more specialists.

Appointment of forensic examination: samples for research

After the decision to conduct a study and a procedure is taken, samples are taken for comparative analysis. This stage is very important for obtaining a reliable and professional assessment.

In this case, the samples are divided:

• Free, that is, educated before the case was initiated, and not related to it;
• Experimental are obtained in the conditions of preparation of materials for the study (for this it is possible, for example, to obtain a sample of handwriting).

Appointment in criminal cases

This kind of research is allowed to be carried out both at the trial and during the preliminary investigation.

It can be appointed as a matter of urgency, if delayed effect on the quality of material evidence. So, it is assigned:

• Posthumous forensic examination;
• To determine the sanity of the accused or suspect, if doubts arise in his mental state;
• To determine the state of the victim or witness if there are doubts in the adequacy of the perception;
• With the purpose of establishing the age, if there are no documents.

After that, a reasoned decision is issued, which sets out the basis for the conduct. By law, the right to appoint an expert examination is assigned to the person who conducts the inquiry, the prosecutor or the investigator. A suspect or accused, a defender or a victim may also file a petition. But the solution can be positive or negative.

Forensic-medical examination

The study is conducted in the framework of criminal proceedings. If a forensic medical examination is assigned to a living person, then in the presence of physical injuries, the nature and severity are assessed.

Species in this case may be the following studies:

• Health status;
• The victim who is in the hospital;
• Feigned illnesses;
• Self-mutilation and artificial diseases;
• Sexual state.

Judicial examination of the corpse is carried out after the criminal case has been opened. Usually this applies to cases with signs of violent death. The procedure is carried out in the appropriate morgue. It is conducted by in-house experts, but experts from the faculty or the forensic medical office may be recruited. In exceptional cases, if it is impossible to transport in the warm season, the procedure can be carried out outdoors.

Appointment in civil cases

In this case, the examination is appointed by the court. Its necessity can be called to clarify some issues in which special knowledge is required.

In addition to the court, the persons participating in the case may also solicit. But it's better if they hold it before the case is heard in court. Otherwise, it will have to be postponed for the period necessary for the study.

Sometimes its appointment depends on circumstances and expediency of carrying out. In others, the study is mandatory.

Many of the issues addressed here are similar to those dealt with in criminal proceedings. However, due to the specifics of the civil process of expertise, here are somewhat different than when disclosing crimes.

The most common studies are handwriting.

Appointment in arbitration proceedings

Examination is conducted with the same goals as in civil cases. When clarifying the issues, however, experts give an assessment, which deals exclusively with the subjects of their knowledge. Legal legal norms they do not affect and should not do so.

It is important. For example, when conducting audits in the conclusion of a specialist, identify violations in the conduct of accounting and financial reporting. At the same time, they state a violation of certain legislative acts. The court can agree with them, consider them optional or reject.

Since the process of proof in this case rests with the persons who participate in the case, the forensic examination bureaus are only appealed upon their petition. At the same time, questions to clarify are submitted to the arbitration court and nominations are offered. The posing of questions, however, is a right, but not an obligation of the applicants. However, they usually try to put a specific task before the expert. The court shall notify the appointment of the examination of all persons participating in the case and explain to them that they can also raise questions to the expert.

Further, the court can raise its questions, reformulate the existing ones, or reject some of them. If there is a need for expert evaluation, but none of the parties has requested a study, the court will explain to the parties that this procedure is necessary. In practice, in the arbitration process, it is appointed much less frequently than required by the situation.

Forensic Bureau

At present, the system of judicial-expert institutions consists of the following types.

• Russian Federal Center for Forensic Expertise under the Ministry of Justice of the Russian Federation;
• Regional centers.

The purpose is to conduct research on the tasks of the prosecutor's office, police, security, social protection, customs, courts, tax authorities, notaries and bodies dealing with administrative offenses.

The Center of Forensic Expertise carries out its activities on the basis of procedural federal laws, as well as the corresponding Instruction on the organization of this type of research. Procedures of the most various orientation are conducted, including:

• Autotechnical;
• Explosive engineering;
• Forensic;
• Linguistic;
• Weapons;
• Fire-fighting;
• Building;
• Commodity science;
• Ecological;
• Other species.

However, the Bureau of Forensic Science, of course, has nothing to do with the Ministry of Justice. It reports to the Ministry of Health.