In criminal proceedings, the investigating authority obtains evidence of the guilt of the offender by conducting the necessary investigative actions, one of which is considered interrogation, examination, examination. Types of inspection are quite diverse. However, usually the subdivision of this investigative action is as follows.
The concept of inspection in criminal proceedings
The concept and types of examination in forensics are determined by the main normative act in this area - the Code of Civil Procedure. Inspection in this branch of law means direct perception with subsequent mandatory fixation in accordance with the norms of procedural law of external signs and characteristics of objects. As usual, investigators have an unhindered approach to such objects.
Criminal procedure legislation governs the examination of Articles 176–178 of the Code of Criminal Procedure. The definition of "inspection" in itself means the visual perception of objects, but other sensory organs can be used during its implementation. For example, in the inspection protocol, the smell of the inspected object or its quality, determined by touch, can be recorded. Any sounds related to the inspection may be taken into account.
Types of investigation
The types of investigative examination for the most part differ from each other. Moreover, the difference may be in the method and method of their implementation. But the main difference by which this investigative action is divided is due to the object or subject being inspected. Types of inspection are:
- The scene of the incident.
- Documents or any items.
- Terrain.
- Residential or other premises.
- Corpses.
Inspection of the scene
What types of examinations can be carried out only after the initiation of a criminal case? Everything besides this. Part two of Art. 176 Code of Criminal Procedure establishes and regulates the inspection of the scene. It is worth noting that this type of inspection is one of the few investigative actions that can be carried out before a case is opened. This is done, firstly, in order to fix possible evidence as quickly as possible, and secondly, to determine the appropriateness of initiating production.
Here it should be noted that the inspection of the scene of the incident involves a visual examination of not only the place where the crime itself was committed. This inspection is also carried out in other places, for example, to find in some other place some additional evidence, including traces of a crime, guns or something else of importance. Therefore, under the concept of "scene" can include any premises, open terrain, and the like.
Inspection of the scene is considered an emergency. As already mentioned, this is why it is allowed to be carried out before the initiation of proceedings. An inspection not completed on time can provoke the loss of traces and evidence. This criterion differs from other types of inspection. That is, it can be carried out only if there is a possibility of losing the traces of the crime and evidence. In the absence of such, this type of procedure will no longer be considered an inspection of the scene. This will be an examination of the locality, premises or dwelling, which will be possible to carry out exclusively after the issuing of the investigator's order to institute criminal proceedings.
However, there are types of inspection of the scene. So, this investigative action can be carried out both with the participation of certain specialists (if necessary), and without them. This inspection may vary in method, method and tactics.
Tour of the area
The next type of investigative inspection is the inspection of the area. "Terrain", as discussed from the concept of "scene", does not necessarily have to contain traces of a crime. As a rule, this type of investigative action is intended to study the situation. Such examinations include, for example, a visual examination of the premises where the accused, suspected of committing a crime, lived or was. Survey of the area is also carried out in other cases, if there is no urgent need.
Residential Inspection
By dwelling is meant a building, an apartment, a house in which people live. Associated non-residential premises also relate to housing. The inviolability of the home is established in the Constitution itself, therefore the procedural law especially regulates the procedure for its inspection.
So, it is understood that the inspection of the home should be carried out only with the consent of all persons living in it. Of course, this applies only to competent persons. If at least one person is against such an investigative action, then law enforcement agencies are required to obtain an appropriate judicial act authorizing its conduct. This requirement is due to the fact that the constitutional rights of citizens are limited to inspection.
Here it should be noted that the inspection of the home and the search are 2 procedures that are largely similar to each other. However, they should be distinguished. The search, in contrast to the investigative action in question, is intended to reveal hidden traces of the crime, any evidence. Inspection of the dwelling consists only in superficial observation and study of objects, to which there is unhindered access. Thus, the inspection infringes less on the rights of people living in the apartment or house.
Item inspection
Sometimes in the course of the proceedings there are objects with which it is necessary to carry out investigative actions, in particular inspection. Types of inspection suggest a similar visual study of not only objects, but also documents. However, this type of inspection may not be independent. It can occur as part of another action conducted by the investigator. For example, objects or documents found during a search are inspected immediately, and the result is recorded in the search report.
As an investigative action, inspection of objects and documents can be carried out in the investigator's office. Often such a need arises if inspection at the place where the evidence was found was difficult (weather conditions, poor visibility, etc.). As well as an independent element of the criminal process, this type of inspection will act if objects or documents were submitted by someone (for example, as a result of seizure).
The purpose of this action is to provide a subsequent expert or some other study of objects, documents. It is in connection with this that the legislation draws the attention of investigating authorities to the processes of seizing these things, their subsequent proper packaging and certification. The thoroughness of these processes is explicable. The wrong side seized or packed evidence the guilty party will easily turn in their favor, saying that the item presented to the court is not the one that was seized.
Corpse inspection
Types of investigative examination in forensics include such an unpleasant action as examining a deceased person. Like the previous investigative action, the inspection of the corpse can be either independent or take place as part of another process conducted by the investigator. For example, if a body is found at the scene of an incident, then it is examined here. The result is recorded in the inspection report of the scene. In those cases where the corpse, for example, was already taken away from the crime scene before the arrival of the operational investigative group, the inspection is carried out as an independent investigative action, for example, in a morgue. He will also be independent during exhumation or as a result of detection during other procedures conducted by the investigating authority.
This type of inspection involves several additional requirements that separate it from the rest. When conducting an investigative action with a corpse, the participation of an expert in the medical field is mandatory, and in the extreme case of any doctor. Inspection should be accompanied not only by photographing, but also by fingerprinting (fingerprinting) if the corpse is unidentified.
When examining a corpse, a special measure of coercion is also possible, consisting in its exhumation. This procedure involves the removal of a corpse from the grave and should be ensured by the consent of relatives. In exceptional cases, in the absence of such consent, a decision on the application of such a measure must be taken by the court.
Survey
Some law interpreters consider that the examination of living persons is also an inspection. Perhaps this is so, but this investigative action is very specific. No wonder it is highlighted by law separately. Because of this, it is expected to evaluate the examination by an independent investigative action. It should only be noted that the types of investigative medical examination, which is the examination, are also very diverse.
Conclusion
So, almost every investigative action, as a result of which material evidence is obtained and not only, requires that an inspection be carried out properly and in accordance with the law. The types of inspection that need to be carried out in a particular case are regulated by the criminal procedure legislation. Investigative bodies are required to comply with all the requirements established by law when carrying out these actions. Otherwise, there is a risk of recognition of such evidence as inadmissible.