Forensic Expertise: Objects and Methods

связано с необходимостью получения заключения от специалистов, имеющих особые познания в какой-либо узкой области. The production of judicial construction and technical expertise is related to the need to obtain an opinion from specialists who have special knowledge in any particular area. They are not generally known and generally available and are acquired in the process of special training or practical activities. To special knowledge in the legal proceedings do not include theoretical legal material.

Description

представляет собой процессуальное действие. Forensic, construction, technical, value examination is a procedural act. It consists in carrying out studies of different subjects on behalf of the authorized person. Based on the study, the expert provides an opinion on the questions posed to him. рассматривается как следственное мероприятие. Conducting judicial construction and technical expertise is considered as an investigative measure. This is due to the fact that it involves a cognitive process, regulated by the CCP and leading to the receipt of a specific source of evidence. As the last, in fact, the conclusion of a specialist. Information presented in the form of conclusions has a significant significance in it. Judicial-technical expertise acts as an important procedural measure.

Distinctive features

предполагает исследование материалов с использованием специальных познаний. Forensic technical expertise involves the study of materials using special knowledge. This event goes beyond strict legal regulation. ) направлена на предоставление уполномоченному лицу тех научных положений, которые могут выступать как основание для решения вопросов, возникающих на этапе предварительного расследования и в ходе непосредственного разбирательства на заседании. In fact, forensic technical expertise (independent expertise ) is aimed at providing the authorized person with those scientific provisions that can serve as a basis for resolving issues arising at the stage of preliminary investigation and in the course of a direct hearing at a meeting. During the procedure, the "hidden" information is extracted in the subject of research by means of special knowledge and brought to a state in which it becomes accessible for perception at the level of public knowledge.

Specificity

In the process of research, a specialist, based on existing knowledge, receives data that allows to explain the nature of the tracks and the mechanism of their appearance, to formulate other factual data contributing to the establishment of truth. In a broad sense, the procedure does not involve the discovery of any new patterns. As a condition for the expert's formulation of a conclusion on the questions posed, there is an inner conviction in the truth of the conclusion, which, in turn, is subjective. At the same time, when analyzing the results obtained, the expert bases his knowledge on objectively characterizing the relevant scientific and practical field relevant to the study.

The Inner Persuasion

It presupposes a certain state of consciousness of a specialist, which is achieved in the course of research. Internal conviction is of great importance in the activity of the subject, and extracting information for evidence, and making a decision, on the basis of a comprehensive and complete study of the submissions. At the same time, the expert formulates his conclusions on the basis of only a certain part of the objects available to him. The research is limited to certain frameworks, limits of competence, the nature and volume of subjects of study, the initial data. , предварительно оценил достоверность всех имеющихся материалов и предоставил только те из них, исследование которых может дать полезную для разбирательства дела информацию. This is due to the fact that the body or employee who made the application for the appointment of a forensic examination , first estimated the reliability of all available materials and provided only those of them, the study of which can provide useful information for the case.

Variety of types of procedures

Studies differ depending on what goals it pursues. The subject of the study determines the direction of the process. He points out, in order to identify what kind of facts and circumstances, research is intended. могут изучаться с разными целями в рамках различных видов процедур. Objects of judicial construction and technical expertise can be studied for different purposes within the framework of various types of procedures. In each of them there will be a subject of research. For example, a charred board is studied as an object of examination of materials and substances to detect traces of combustible liquid and other foreign compounds on it. Within the framework of the botanical research, it is used to establish the age, species and other characteristics of the wood. . If it is necessary to identify the mechanism of ignition, a forensic fire and technical examination is carried out . In the course of it, the depth of burn-in is established, the circumstances in which they arose are analyzed.

Classification

предполагает решение криминалистических задач. Almost any forensic examination presupposes the solution of forensic tasks. Accordingly, there is a basic science for all types of research. It is forensic science. At the same time, specialists combine it with other basic disciplines: chemistry, physics, biology, etc. The list of objects and things that fall into the sphere of attention of the subjects of proof is distinguished by a rather wide variety. In cases of fires, for example, expertise can be assigned: technological, electrical, psychiatric. If necessary, fuel and oil products are studied. A forensic investigation is mandatory. . It includes, in particular, judicial and technical examination of documents . In cases of fire, in addition to specific issues for these procedures, it is necessary to clarify the role and interrelation of the materials studied, their characteristics and properties with the circumstances of the incident. These issues are considered key when conducting fire-technical examinations. In determining the distinguishing features of such studies, one should proceed from the existing ideas about the subject of criminalistics today. Within the framework of this science, the regularities of the mechanism of a crime, the origin of information about it and participants in an act, the features of collecting, analyzing, using evidence are studied.

Forensic characteristics

When solving issues that arise during the investigation, the expert must have sufficient knowledge about the regularities of the mechanism of the formation of traces in the commission of crimes. A complex of information about typical methods of preparation, implementation of acts, concealment of signs of infringements associated with fires, forms a forensic characteristic. It includes data on:

• Causes of ignition in the outbreak;
• Conditions of flame propagation and their connection with careless or deliberate actions / inactivity of persons;
• Material traces of burning and so on.

Forensic characteristics is a set of significant features on the basis of which the key objectives of the investigation can be solved.

Essential elements

For a specialist, the professional interest lies in determining those attributes that are within his competence. The complex of such elements is called the technical and forensic characteristics. As the components are the information that was obtained with the application of special knowledge, means and methods of research. The characteristic covers, mainly, those aspects that form the objective side. These include, for example, the parameters and specific features of the spread of a flame in space and its development in time, the mechanism of ignition, burning in the hearth, the means and ways of committing an act, preparing for it, and concealing the tracks, orienting information on persons considered to be involved in a crime. In the process of research, a certain set of factors that are recognized as sufficient and necessary for ignition is determined. Taking into account the result of the examination, the qualification of the crime is carried out. Accordingly, the results of the study may predetermine the outcome of the investigation.

Conducting judicial construction and technical expertise

This kind of research can be carried out within the framework of a civil or arbitration process. As a rule, the demand of one of the parties is, as a rule. предусмотрена в спорах между заказчиком и подрядчиком, в делах об установлении отсутствия/наличия отступления от норм и правил, о признании права на недвижимость, ее разделе (если она в долевой/совместной собственности), выделе доли и пр. Рассмотрев требование одного из участников конфликта, лицо, уполномоченное на его рассмотрение, выносит определение. Forensic technical expertise is provided for in disputes between the customer and the contractor, in cases of establishing the absence / presence of deviations from norms and rules, on recognizing the right to real estate, its division (if it is in shared / joint ownership), allocation of shares, etc. Having considered the claim One of the parties to the conflict, the person authorized to consider it makes a determination. It is worth saying that the information that is necessary to carry out the research is not always complete. Often disputed structures are not mentioned at all. Meanwhile, their instructions are not only informational, but also procedural. . In addition, the specialist receives, according to established rules (even indirectly) within the framework of the case, the objects of forensic examination . Accordingly, he is responsible for their safety. . This, in turn, predetermines the method of judicial construction and technical expertise . If these or those facilities are not specified in the definition, then the specialist from liability is released, which in practice is unacceptable.

Procedural regulation

The sufficiency and admissibility of materials to be presented to the expert shall be established by the judge. The time of the study is determined in accordance with the deadlines stipulated in the standards. Legislation allows for the expansion of the range of issues and the list of objects of expertise, the extension of the period of its implementation. To do this, the specialist must comply with the procedural requirements. In particular, regulatory regulation makes it very selective to approach issues related to the feasibility of examining the structures that constitute a disputed home ownership and does not allow the expert to conclude that monetary compensation to one of the participants in the event that, in fact, this action seems at first sight justified .

Nuances

Often, the structure of the property subject to division includes buildings erected without permission (unauthorized structures). According to existing practice, such constructions are not investigated. Accordingly, the expert does not take them into account when determining the value of property, developing options for partitioning home ownership. This is due to the fact that the right of ownership arises when the property is put into operation and legal registration in an authorized body. Accordingly, before the above procedures, the question of division can not be resolved in court. The corresponding right to the construction did not arise, moreover, it may not appear if it is revealed that it was erected with a deviation from the project or with gross violations of existing rules, regulations, regulations. At the same time, if an expert without any instructions from the court restricts himself to researching only the buildings commissioned and registered, he does not take into account that the law allows the division of objects not completed by construction. This is the case when, considering the degree of readiness of the structure, it is possible to identify the parts to be separated, with the subsequent possibility of completing the work. The court has the right to decide on the division of an unregistered object and when it is revealed that the developer intentionally does not take measures to perform state registration. In this case, the goal will be to evade consideration of the dispute with family members who participated in the erection of the structure.

Forensic and technical examination of documents

The need for it can appear in the proceedings of cases of any category. They include, among other things, disputes about:

• Recovery of losses arising as a result of improper performance of obligations by one of the parties to the contract;
• Assessment of grounds for the appearance of debt, etc.

Often, the persons participating in the proceedings apply to arbitration with an application for the falsification of materials submitted by the other party as evidence. In this case, the court, according to the rules established in Article 161 of the APC, is obliged to verify the validity of such a communication. The person authorized to take part in the dispute takes certain measures in the legislation for this. . Among them there is also a forensic technical examination . It is carried out to establish the way of creating and falsifying the act, determining the means used for this. In addition, the examination allows you to restore the contents of the damaged document, to study the document's material. Types of research vary depending on the goal. In practice, examinations of requisites, seals / stamps, document materials are carried out. The first one allows to determine the method and the prescription of the creation of an act or its fragment, the fact of its change, the means used for this, to reveal invisible and poorly visible records. In the process of research, the expert solves diagnostic problems. Due to this, he establishes a method of making paper, the means that have been used for this. The solution of problems of an identification character ensures the establishment of the executor of the text.

A new type of research

More recently, in practice, judicial computer and technical expertise began to be used. Its emergence is associated with the active implementation of information systems. Such expertise allows you to verify the compliance of technical documents on the equipment, the integrity and suitability of the devices for use. Recently, such research is becoming more popular in the arbitration process. As a subject of study is the determination of the fact of compliance or inconsistency of technical documents of the system with the norms and standards governing their development. To study, for example, can a contract that is to process or create a software system, or to perform other work with subsequent transfer of the result to the customer. If after the acceptance the subject reveals any shortcomings, on the basis of which a civil dispute will arise, at the request of one of the participants in the relationship, computer-technical expertise may be appointed.