Survey: definition, grounds, goals, objectives, procedure. Survey this ...

During the investigation, in a number of cases, there is a need for an examination. It can be carried out against the victim, accused, suspect and other persons.

Survey: Definition

The procedure acts as an independent procedural action. Survey - is an examination of the body of a living person, as well as his clothes. This procedure is carried out when the investigation is not required to perform forensic examination. Forensic publications give a more complete interpretation of the concept. Survey is a complex of cognitive and cognitive operations carried out by the investigator or other person on his behalf.

Characteristic

The objectives of the survey are to identify on the body of traces of crime, special signs, injuries. The procedure is performed to determine the degree of intoxication, to identify other signs and properties relevant to the investigation. As the basis for the survey is the decision of the authorized person conducting the inquiry. In some cases, the subject's clothing can be inspected, if without it it is impossible to establish the origin of the traces on the body.

Objectives of survey

The procedure allows you to identify:

1. Signs that are used to identify the identity (tattoos, scars, birthmarks, etc.).
2. Damage (bruises, bites, scratches, wounds, etc.).
3. Particles of substances.
4. Correspondence of injuries on the body to tracks on clothes.
5. Drunk.
6. Other signs that are of significant importance to the case under investigation.

Preparation

Despite the fact that the survey is an urgent procedure, it is important to properly organize it. Preparation for inspection is reduced to:

1. Selecting the place, time and participants in the procedure.
2. Preparation of technical means.
3. Instruction of participants.

Like other investigative actions, the examination can be carried out in the investigator's office. If the help of specialists is required, the use of technical devices, substances, equipment, the procedure is carried out in the laboratory and other places.

The participants

As a rule, the procedure is carried out by the investigator himself. However, it is possible to involve a doctor or other specialist. According to the CPC, if the survey involves exposing the person opposite to the sex investigator, then it is carried out exclusively by the doctor. The procedure may involve forensic scientists. For example, it is required to detect and fix on the body of unobtrusive or invisible traces. A chemist can participate in the procedure. He discovers traces of fuel and lubricants in the investigation of cases of arsons, etc. The participants are considered to be optional participants of the investigative action. According to Art. 170 of the Code of Criminal Procedure, the decision to bring them to the procedure is taken by an authorized person at the request of the parties to criminal proceedings or on his own initiative. For the examination of witnesses, their consent is required, except when this action is necessary to evaluate their testimony.

Technical means

Experts can use different methods, equipment, performing the survey. This allows to significantly improve the quality of the study. So, when using ultraviolet light on the human body, you can find traces of sperm or blood. To detect traces of soot, soot, metal, electro-optical converters are used. It is allowed to use only those technical means that do not cause the subject unpleasant or painful sensations, damage to the skin. It is forbidden to use chemical compounds that can cause burns. Actions carried out by a specialist or investigator should not degrade the dignity and honor of a citizen, and also create a threat to his health or life.

General rules

The procedure begins with the identification of the citizen. After that, a decision on the procedure is announced. This document is binding for the person being examined. The subject is explained the procedure for conducting the survey, his duties and rights. During the inspection, a sequence of actions must be observed. In accordance with general rules, in the first place, a general examination of the body is carried out. After this, its parts are examined from the top down: from the head, to the neck, to the shoulders, chest, back, abdomen, genitals, buttocks, legs. Particular attention is paid to those areas where it is more likely to detect traces predetermined by the event, or special signs. Search should be carried out purposefully, in accordance with the mechanism and type of crime committed. So, in the investigation of burglaries, the inspection is conducted to identify microparticles from the scene: dirt, dust. Spots from them can be on the skin, particles of substances can be present in the ears, hair, nose. If the crime was committed with the use of firearms, the brushes and fingers are examined. In these areas, there may be traces of grease, soot, etc. As distinctive signs of the crime are various bodily injuries, stains, wounds, abrasions, bruises. If such traces are detected, their location, shape, color, quantity is described.

Features of the procedure in the context of the judicial investigation

The main reasons for the survey are:

• The arguments of the participants in the proceedings about the inaccuracy or incompleteness of the previously conducted investigative actions.
• Falsification of the inspection protocol or the procedure itself.
• Collection of new evidence in the case, etc.

To citizens who have not committed acts in which signs of administrative misconduct or a criminal offense are present, the examination is applied only as a measure of medical care. As one of its varieties is a psychiatric examination. This procedure can be:

1. Voluntary. This category includes any examination of a citizen on his personal visit to a doctor.
2. Required. This kind of procedure is established for entities wishing to exercise any of their rights. In case of refusal of the examination, a person can not take advantage of this or that legal opportunity.
3. Forced. Involuntary inspection is carried out on the grounds provided for in Art. 23, part 4 of the Law "On Psychiatric Care". To implement it, the consent of the person is not required.

Fixing the procedure

The Code of Criminal Procedure prescribes the preparation of an inspection report. It reflects the process and results of the inspection. If the procedure is carried out in respect of a citizen whose sex is different from that of the investigator, the latter is not present at the event. The protocol in this case is compiled from the words of the doctor who conducted the examination. The document must contain a corresponding entry stating that the investigator was not present during the examination and the information was taken from a conversation with a specialist. The protocol may include partial descriptions of clothing, if it found signs that coincide in nature and localization with bodily injury. In addition to logging, it is advisable to use other methods of fixation. Such an opportunity, however, will depend on the most audited entity. In particular, video recording, photographing of a citizen, if the examination is accompanied by an exposure, is allowed only with the consent of the person. These actions are carried out in accordance with the rules of criminalistics. In particular, photography is performed using a scale scale. First, contamination or damage is recorded in areas not covered by clothing. Then other places are photographed after the body is exposed. For fixation, it is advisable to use it during the survey of the circuit. They will perform the function of visibility, without affecting the individual interests of the subject, concerning the demonstration of a naked body. The information that is communicated by the survey participants and possesses the character of the testimony is not recorded in the survey report. However, the statements of entities concerning procedural matters, comments on completeness of entries are reflected in the document.

Conclusion

The survey, thus, acts as a separate investigative action. It is considered urgent and is conducted only in those cases when expertise is not required. Examination within the framework of the judicial investigation can be carried out in relation to both those who have already been examined and those who have not undergone the procedure. The appointment of an event is recorded in the investigator's report or the court's decision. Despite the relatively small scope of actions within the scope of the inspection, a specialist or an official is required to comply with their established sequence. If there is a resolution, the survey is an obligatory procedure for the subject. If a person refuses to undergo an examination, the action is appointed compulsorily. As a rule, such a situation takes place in the appointment of a psychiatric examination. It can be carried out in the framework of both civil and criminal legal proceedings. If the procedure requires special knowledge in any field or the application of technical means, relevant specialists may be involved in its implementation. The results of the survey are fixed in the protocol and attached to the case materials.