A forensic examination is a procedural action that has long been standard in criminal proceedings. The expert’s opinion occupies one of the leading places in the evidence base in the case.
We will study this institute in more detail.
general characteristics
Forensic examination is a procedure by which evidence is established based on the use of special scientific, technical, craft and other knowledge, with a complete and absolutely objective study of the case. Thanks to the evidence obtained, it is possible to establish the fact of the involvement or innocence of the suspect.
Forensic science is an extremely effective tool in the process of which the entire arsenal of the latest achievements of technical and other means is used. Currently, this area is developing rapidly 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 that were previously inaccessible.
Tasks and methods
The tasks of the procedure include:
- identification of objects (human, objects, plants or animals);
- diagnostics, that is, identification of the method of the event, time, sequence of phenomena, relationships between them, characteristics of objects, their signs and properties that cannot be determined with ordinary perception;
- prevention, which consists in identifying the conditions under which the offense took place, and developing ways to eliminate them.
In the course of the study, certain methods are applied that can be borrowed from technical and natural sciences or developed directly for examination. But even with the adoption of funds undergo a serious transformation for use in research activities.
Kinds
A forensic examination is an action that is carried out for various reasons. It may have a different composition of experts, scope for assessment, sequence of actions and place.
Thus, different classes of research are distinguished in the field of knowledge:
- medical;
- forensic;
- materials and substances;
- economic;
- biological;
- others.
By volume they are:
- basic;
- additional (appointed if after the main study remained unclear).
At the place of the examination are divided into marketable:
- in special institutions;
- outside the walls of expert organizations.
Different sequence may be provided. So, they are:
- primary;
- repeated (these include studies that are assigned to the same facilities and resolve the same issues as in the initial form, but in the first case the conclusions were recognized as unfounded or they aroused serious doubts).
The number of specialists distinguishes:
- research conducted by one expert;
- commission, involving two or more specialists.
Forensic Appointment: Research Samples
After a decision has been made to conduct a study and a procedure has been assigned, 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 instituted, and not related to it;
- experimental ones are obtained under the conditions of preparing materials for research (for this, for example, you can get a sample of handwriting).
Criminal Appointment
This type of research is allowed to be carried out both in the trial and during the preliminary investigation.
It can be appointed urgently if procrastination affects the quality of evidence. So, it is assigned:
- posthumous forensic examination;
- to determine the sanity of the accused or suspect, if there are doubts about his mental state;
- to determine the condition of the victim or witness, if there are doubts about the adequacy of perception;
- in order to establish age, if documents are missing.
After that, a reasoned decision is made, which sets out the basis for the conduct. By law, the right to appoint an examination is vested in the person who is conducting the inquiry, the prosecutor or the investigator. A suspect or accused, defense attorney or victim may also file a petition. But the decision in this case can be positive or negative.
Forensic-medical examination
The study is carried out in the framework of criminal proceedings. If a forensic examination is prescribed for living persons, then in the presence of bodily harm, the nature and severity are assessed.
Types in this case may be the following studies:
- health conditions;
- the victim in the hospital;
- feigned illnesses;
- self-mutilation and artificial diseases;
- sexual condition.
A forensic examination of a corpse is carried out after a criminal case has been instituted. This usually refers to cases of violent death. The procedure is carried out in the appropriate morgue. It is carried out by full-time experts, but specialists from the faculty or the bureau of forensic medical examination can also be involved. In exceptional cases, if it is impossible to transport in the warm season, the procedure can be performed outdoors.
Civil Appointment
In this case, the examination is appointed by the court. Its need may be called upon to clarify certain issues in which special knowledge is required.
In addition to the court, the persons participating in the case may also apply. But it is better if it is held before the case is considered in court. Otherwise, it will have to be postponed for the period necessary for the study.
Sometimes its purpose depends on the circumstances and the appropriateness of the conduct. In others, a study is prescribed without fail.
Many of the issues addressed here are similar to those addressed in criminal proceedings. However, due to the specifics of the civil examination process, they are somewhat different here than when solving crimes.
The most common studies are handwriting.
Appointment in the arbitration process
The examination is carried out for the same purposes as in civil matters. When clarifying issues, however, experts give an assessment that relates exclusively to the objects of their knowledge. They do not affect legal legal norms and should not do this.
It is important. For example, when conducting audits, a specialist’s opinion indicates the identified violations in accounting and financial reporting. At the same time, they observe a violation of certain legislative acts. The court may agree with them, consider them optional or reject them.
Since the process of proof in this case lies with the persons who are involved in the case, the forensic examination bureau is contacted only at their request. At the same time, they submit questions for clarification to the arbitration court and propose candidates. Setting questions, however, is the right, but not the obligation of the applicants. However, they usually try to set a specific task for the expert. The court shall notify of the appointment of an examination of all persons involved in the case and explain to them that they may also raise questions with the specialist.
The court can then raise its questions, reformulate existing ones or reject some of them. If there is a need for an expert assessment , but none of the parties has requested a study, the court will explain to the parties that this procedure is necessary. In practice, as part of the arbitration process, it is appointed much less frequently than the situation requires.
Forensic Bureau
Currently, the system of forensic institutions consists of the following types.
- Russian Federal Center for Forensic Expertise under the Ministry of Justice of the Russian Federation;
- regional centers.
The goal is to conduct research on the instructions of the prosecutor's office, police department, security, social protection, customs, courts, tax authorities, notaries and authorities considering administrative offenses.
The Center for Forensic Expertise carries out its activities on the basis of procedural federal laws, as well as the relevant Instructions on the organization of this type of research. Procedures of a very different orientation are being carried out, including:
- autotechnical;
- explosive;
- forensic;
- linguistic;
- weapons;
- fire engineering;
- construction;
- merchandising;
- environmental;
- other species.
However, the bureau of forensic medical examination, of course, has nothing to do with the Ministry of Justice. It reports to the Ministry of Health.