The concept of forensics occupies an important place in the system of scientific knowledge that forms the basis of the professional training of investigators and investigators, judges and prosecutors, operatives and experts, as well as lawyers. This discipline develops and improves tactical techniques, technical means, as well as methods of investigation, disclosure and prevention of illegal actions.
Appearance story
The prerequisites for the emergence of forensics were the significant growth and professionalization of crime that occurred in Europe in the second half of the 19th century. Methods, techniques and tools for the investigation of illegal acts that had developed by then had no rigorous scientific justification. In this regard, the fight against qualitatively and quantitatively changed crime did not bring the desired effect.
The history of forensics as a science began in the late 19th century. During this period, a scientist from Austria - a professor at universities in Prague and Graz Hans Gross - systematized the investigative knowledge accumulated at that time. He also wrote the first work on forensics. In 1892 a book saw the light of day. It was called “A Guide for Forensic Investigators as a Forensic System.” This work proclaimed the birth of a new science.
Hans Gross himself had experience in investigative work. In addition, he knew the basics of many natural sciences and was engaged in microscopy and photography. In his book, the scientist revealed the very concept of forensic science, the content and tasks facing it. Gross also pointed out the possibility of using scientific and technical means for the search and developed separate investigation methods and techniques.
The history of forensics in Russia originates only in the 20th century. It was then that scientific research in this area was first conducted. In their list are the works of Burinsky, affecting the field of judicial photography and examination of documents. Lebedev’s work related to fingerprint registration, as well as Brazol and Tregubov on investigative activities and criminal technology, are noteworthy.
The need for forensics
Crime has existed throughout almost the entire history of mankind and has always been an acute problem that worried public opinion. By the end of the 19th century favorable factors have developed for the growth in the number of criminal elements. Such prerequisites include the development of industrialization, social conditions, etc. But it is worth saying that organized crime in any state grows only if law enforcement agencies cannot defend the legitimate interests of citizens. Investigating unlawful acts committed by such groups is very difficult.
By the end of the 19th century criminals armed themselves with new vehicles and technical means. The investigation into the crimes they committed began to baffle law enforcement officers. This state of affairs was observed in France, in Germany, in England and in the USA. That is why the governments of many countries faced the task of creating a branch of knowledge capable of withstanding crime, new in its quality.
The main tasks of forensic science
The work, written by Gross, gave into the hands of experts and investigators proven practice and scientifically sound methods, techniques and means of disclosure, as well as the prevention of the most complex crimes. We can say that forensics is a discipline relating to the laws of the mechanism of illegal actions. She considers the issues of obtaining the necessary information about the crime, as well as about its participants. Forensics highlights the patterns of research, use and evaluation of evidence.
Forensics is a legal science. But at the same time she has an applied character. The general objectives of forensic science is to bring the activities of all jurisprudence to a scientifically thought-out level, equipping their work with the most modern methods, means and techniques of search and cognitive activity. All this is necessary to achieve the main goal - solving the crime.
The fight against illegal actions is the main task of the science in question. However, it is worth saying that forensics is not a partner of a judge or investigator. This is a tool given to them in order to establish the truth.
The special tasks of forensics concern the further study of those objective laws that form the basis of the very subject of this discipline. These include:
- the development of theories as a base of methods and means of judicial research, as well as the prevention of illegal actions;
- improvement of existing and development of new technical tools, guidelines and tactics regarding the collection of research material, examination and use of evidence;
- study and application of foreign experience of law enforcement agencies.
The implementation of the general and special tasks of forensics is possible only after solving specific issues posed at a certain stage. Their volume is different. Moreover, specific tasks can relate not only to the theory of forensics. They are associated with other areas of knowledge, and also represent a scientific product.
The development of forensics has given rise to narrower areas. At a certain stage, techniques appeared for disclosing thefts of public and state property, for applying physics methods in solving crimes, etc.
At the present stage of the development of forensics, there are also specific tasks that have practical content. They relate to the following:
- expanding the amount of data in logic and psychology that are used in forensics;
- application of the achievements of cybernetics;
- development of research issues of objects undergoing examination;
- a methodology establishing the causes and conditions that contributed to the commission of criminal acts.
Among the specific tasks of forensic science at the present stage of its development is the revision of the entire system of existing tactics, as well as the classification of methods of committing crimes, the use of the factor of surprise in investigations, etc.
Science system
Any discipline is a whole complex of parts that have internal logical relations. The forensic system includes four sections. Among them are the following:
- methodological (theoretical) basis;
- forensic techniques ;
- forensic tactics;
- techniques regarding the investigation of certain types of unlawful acts.
As for the first section of the forensic science system, it is a combination of theoretical concepts, worldview principles, as well as categories of connections and methods of discipline. This part of science includes those concepts that form the idea of the tasks and subject of discipline, the laws of its development and the place that it occupies in the field of scientific knowledge. Particular theories are also in this section. They reflect the result in the knowledge of objective laws that are basic in the development of methods, techniques, tools and recommendations. They are used in the fight against crime.
The second section of forensics studies those patterns that are a prerequisite for the formation of material traces left by criminals. Based on this knowledge, the development of techniques, technical means and methods for detecting, seizing, and also preliminary researching these materials is carried out.
The forensic system also considers such an object as tactics. This is the third section of science, which reflects the laws of the appearance, transmission and preservation of ideal traces of a criminal. It also discusses the communication and psychology of relationships between people participating in the preliminary investigation. On this basis, a number of practical techniques are being developed that facilitate the conduct of investigative actions that are part of the Code of Criminal Procedure.
The final section, which includes forensics, is a methodology for investigating certain types of crimes. This part of science contains a description of the mechanisms and methods for the commission of certain types of unlawful acts, as well as traces left after a criminal event. On the basis of this knowledge, special algorithms (foundations) are developed for the production of all stages of search measures in typical situations.
All sections of forensics are organically interconnected. Moreover, the first of them is the scientific basis for technology, tactics, and techniques that are developed by this discipline.
What does forensics study?
The subject of this discipline is the laws of the mechanism of illegal actions, as well as the collection, further investigation and evaluation of evidence. This can also include the means and methods of investigating and preventing criminal acts.
Such a concept as the object of forensics is closely related to the subject of study of this discipline. It consists of two parts. The first of these is the activity of criminal elements. The second is the work of law enforcement officials in the disclosure, as well as the prevention of illegal actions.
The object of forensics is studied not only by this discipline. He is in the focus of judicial statistics, criminal proceedings , etc. However, each of these sciences studies these objects in order to solve its problems.
Forensic identification
Every crime is committed in reality. And inevitably, in places where unlawful actions took place, various traces remain, by which the investigation needs to determine the connection of any of the objects with the unlawful event. And here comes the forensics to the rescue. Identification is one of its methods that allows you to explore a specific object for its belonging to a crime. She sets it out of many similar objects.
In the process of investigation, subjects of forensic identification also arise. These are the parties that participate in the criminal process. This list contains investigators and interrogators, experts and judges, suspects and victims, etc. Each of them solves the problem of identification in accordance with its procedural position and means permitted by law. For example, forensic examinations make it possible to determine whether an item is a murder weapon. And the witnesses who saw the criminal can recognize him by the appearance he remembered. Each object of reality surrounding us has a large number of signs and properties.
Items vary in shape and size, color and composition, etc. Forensic identification does not study all the signs and properties. This technique mainly concerns only the external characteristics of the object, which are displayed on various objects. For example, the irregularities of any particular ax blade can be discerned on a treehouse. The same applies to the features that a person's appearance has. They are displayed on a photograph or in the memory of a witness.
The system of forensic organizations in Russia
The first expert institution in our country was created in St. Petersburg in 1889. Its founder was E.F. Burinsky. Already in 1892, a forensic photographic laboratory began to work. It was created by order of the Ministry of Justice. Somewhat later, similar institutions were opened in many Russian cities. They were necessary for law enforcement agencies and were used in the processes of special knowledge. There were rooms for scientific and judicial examination, later transformed into institutes. After the end of World War II, these institutions received a new name. They began to be called forensic research laboratories.
In 1944, the Central Forensic Laboratory began its work. It was organized by the Ministry of Justice of the USSR. Later, an institute of forensics was created on its basis. They became the Central Research Institute of Forensic Expertise. He exists today. Now it is the Russian Federal Center for Forensic Expertise under the Ministry of Justice of the Russian Federation. The system, led by this institution, includes about fifty central, as well as republican and regional laboratories.
There are other organizations in this area. So, under the Ministry of Justice there are criminalistic institutions of the internal affairs bodies. They are headed by the Forensic Center of the Ministry of Internal Affairs of Russia. It was created in 1992. The forensic departments and divisions, departments and laboratories are subordinate to this Center.
The use of forensics in litigation
Specific scientific knowledge regarding the activities of criminal elements, as well as work to identify them, is used to determine the truth in the final sentence. In particular, forensic forensics makes it possible to conduct additional examinations. With its help, fill in the gaps that were allowed during the preliminary investigative measures.
Until recently, the courts used forensic achievements indirectly. This process was the study and assessment of those criminal case materials that were collected by the investigator. However, simultaneously with the entry into force of the new version of the Code of Criminal Procedure, the court had a real opportunity to collect evidence. They are obtained during independent investigative or other procedural actions.
One way to bridge existing gaps is an investigative experiment. In most cases, modern forensics uses it to verify the data that was obtained during inspection, interrogation, etc. The practice and theory of the investigative experiment has long been developed in existing scientific methods. This method, which is used by the court, can provide effective results. It allows you to find out the likelihood of a particular crime imputed to the defendant. For example, would he be able to extract bulky objects through a gap in the ceiling of a point of sale, whether he possesses those professional skills that are necessary for committing illegal actions, etc.
In addition, the examination effectively eliminates the existing contradictions. Suppose a witness, victim or defendant is stubbornly trying to defend his version. In this case, an expert comes to the rescue, who evaluates each of the heard options, based on special knowledge. In particular, this may apply to the case of a collision of vehicles, when each of the drivers in his own way explains the causes of the accident.
An examination conducted in the course of criminal proceedings is a form of legal relationship, which is a system of special actions between judges and defendants, lawyers, investigators, prosecutors, witnesses and other participants in the criminal process.
A sentence imposed on a person must have full justification. That is why the courts should conduct an examination in all cases when special knowledge of technology, science, craft or other areas of activity is required. The results obtained do not have advantages over other available evidence. They are subject to mandatory evaluation and verification by judges.
Forensic Ballistics
One of the subjects studied at law students is certainly forensics. Lectures in this discipline cover the system of detection methods, scientific positions, and research related to firearms.
The subject of this system is the totality of actually available data related to the investigated case. Objects of judicial ballistics are gas and firearms, objects with traces of a shot, as well as ammunition and their components. The main tasks of the examination are the identification and resolution of diagnostic and classification issues.
Communication with other sciences
The discipline developing the methodology of crimes and actions of law enforcement agencies is closest to those areas that relate to the criminal law cycle. Such areas study crime, as well as develop private and general methods of combating it, as well as forensics. Lectures on these disciplines must be attended by students of law schools. , - , - . , .
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