The arsenal of police officers has many different ways and methods of investigating a crime. There are separate actions that are responsible for one or another stage of the investigation. Each of them is enshrined in a specific law. This suggests that, using any technique in practice, the employee is based on the law and does not do anything illegal. Identification is one of the most common actions that is used in the implementation of operational-search activities. Our attention today will be directed precisely at him.
Basic concepts
To understand what is the identification of the personality, we will characterize the basic concepts in this area.
Detective activities are briefly referred to as ORM. These are specific actions specified in the Federal Law "On the Horde", which are carried out by police at the stage prior to the initiation of criminal proceedings and in the investigation process. Examples of such activities are operational implementation, survey , inquiry, test purchase and so on. The law contains a total of 14 events, each of which is strictly regulated.
Some often confuse investigative actions and operational-search measures. These are completely different concepts. If investigative actions are carried out on the basis of the CPC and work after the initiation of the criminal case, then the ORM are based on the Federal Law and are used even before the initiation of the case. A list of both is provided in the laws. They are comprehensive and not deviating in practice.
General characteristic of identity
Personal identification is the process of identifying and establishing a person by specific dynamic or static features. Other methods may be used. The main thing is that they allow you to accurately identify a person.
In theory, scientists indicate that the identification of a person is part of the search identification, which is different in that the object is a person, not an animal or an object of the material world. The legislator has a different point of view and says that the identification of a corpse or material object refers to the study of objects and documents. Identification is a separate event that has nothing to do with other activities.
Legal Content
The object of the study is all the interests and rights that are protected by the Federal Law "On the Horde". An integral mandatory feature is a person - a person who carries information, or an identifiable person. In this case, the person must be alive. The study of corpses is not related to identification. The object, as a rule, is the person suspected of committing a crime. The subject is the victim or witnesses. In practice, the identification of eyewitnesses to the crime is possible, the law does not prohibit this. The use of results and the observance of human rights in conducting ORM (personal identification) is regulated by the law "On ARD", deviations from which are a violation.
Types of ORM
From the point of view of practice, there were two main types of this ORM, which did not find any consolidation in the law, but are relevant in theory. They allow you to understand what kind of event in general:
- Direct ORM. It is a classic version. Let's say there are two people. This is a suspect and a victim. The status of persons is conditional. During the investigation, both the identifier and the identifiable can change. It is not prohibited. The method is based on the ability of recognition, which is carried out according to the individual characteristics of a person. For example, the composition of blood, saliva, smell, fingerprints and much more. All these are static signs. There are also dynamic ones for which identification is also carried out. This is facial expressions, conversation, gestures, gait.
- Identification of a person from a photograph is the so-called indirect ORM. This type of research involves the compilation of a verbal portrait, which is used to develop a photobot, a 3D human model. According to it, a person is identified.
Identification Methods
The criminal investigation department uses a wide variety of methods for conducting ORM. The main condition is compliance with the law, human rights and freedoms. A variety of technical and tactical tools are used. The most common are:
- Identification of the finished photograph with a photobot or using a computer model of a person.
- Check on the databases in which fingerprints and other individual characteristics of people are collected.
- Conducting an odorological examination - according to the smell of a person, using a service dog.
- Direct identification.
These methods are the most common. The place, time and duration of this ORM is not limited. The employee should be based on the condition of the participants and the general atmosphere.
Identification Rules
The conduct of operational-search measures provides for compliance with a number of rules that increase efficiency and ensure the legitimacy of the event.
- In the course of identification, the operational employee must create conditions that do not violate the rights and freedoms of all participants.
- If necessary, funds are used to ensure the secrecy of the event. If the victim (witness) needs protection, it is provided throughout the investigation of the case. For security reasons, invented names, surnames and residence data may be used.
- Be sure to formalize the results of the work. According to the results of the event, a report should be compiled. In some cases, instead of a report, a certificate, summary or memo is drawn up, an explanation of the citizen who identified is attached.
- The final official document should contain information on the conditions of the event, on what grounds was or was not established compliance. Video or audio recordings, photographs are attached to the report.
Do I need permission to conduct
A feature of identification is that it does not require permission from a higher official or other competent authority. No need to apply to the court for permission to hold the event. Identification is carried out directly by operational representatives. In the process of the event, there is an employee who is identifiable (if the identification is direct), identifier and witnesses, which can be replaced by video filming.
Conditions
For convenience, the law in the criminal investigation allows two options for identifying a person:
- Natural conditions. It is carried out under natural light, in the territory or in the room in which the intruder appears or at the scene of the incident. This option is most relevant in the case of direct research.
- Artificial conditions. They mean holding an event within the premises of the internal affairs bodies. The suspect is called, as well as the victim (or witness), who must identify the person. This option is used in indirect identification.