Forensic examination

Since the time of the Byzantine emperor Justinian (V-VI century), the study of handwriting for judicial purposes has been fixed in the legislation. In Russia, already in the 15th century, comparison of manuscripts was used to establish the authenticity of documents. Later, in the code of laws of the Russian Empire of 1857 , it was indicated that the examination and comparison of handwriting was done according to the designation of the court, such a study was entrusted to secretaries of public places, calligraphy teachers, or other teachers.

In the 17th century , graphologists began to study writing, who sought to establish the character of a person by handwriting, and the French abbot Michonne was considered the founder of graphology. The 19th - 20th centuries were marked by works on the graphology of French forensics A. Bertillon and E. Locard. The domestic doctrine of that time was presented by E.F. Burinsky, who first drew attention to the relationship between the physiological characteristics of a person and his handwriting. The flourishing of judicial handwriting took place in the 1970s and 1990s of the 20th century, when successful attempts were made to establish gender , age , education, and even the growth of the manuscript artist.

The first information about the use of medical knowledge in litigation dates back to Hippocrates, who lived more than 400 years BC. e. In Russia, the official establishment of a forensic medical examination is considered to be 1716 , when the Military Statute of Peter I was ordered to attract doctors to study injuries on the clothes and body of the victim.

At the beginning of the XIX century, medical boards were created in Russia (in particular, in Moscow - the Medical Office, and in St. Petersburg - Fizikat).

The judicial process in Russia and the development of forensic science was significantly influenced by the Judicial Reform of 1864 . It regulated the process of preliminary investigation, obtaining and fixing evidence, necessitated a wider use of scientific knowledge in criminal and civil cases.

The Charter of the Criminal Procedure as follows defined the provision of the examination (Articles 112, 325): "Experts should be invited in cases where" ... for the precise understanding of the circumstances of the case, special information or experience in science, art, craft, craft or whatever or occupation .... ”Article 326 stated that“ doctors, pharmacists, professors, teachers, technicians, artists, artisans, treasurers and persons could be invited as experts, by long-term occupations in any service or unit special experience ”(Charter of criminal proceedings. In the book“ Judicial Charter. ”St. Petersburg V. Golovin at the Vladimir Church. 1865 ).

At the beginning of the 20th century, Russia began to use fingerprint examination in court, in 1906 an accounting system was introduced, and already in 1912 V. I. Lebedev conducted the first fingerprint examination. All this was followed by the creation of a network of expert institutions and normative regulation.

In Russian legislation, more or less detailed and systematic formulations regarding the regulation of expertise appeared only in the 19th century.

Let us dwell on the analysis of Art. 325 of the Charter of criminal proceedings of 1864 (hereinafter - the Charter). It noted: “Knowledgeable persons are invited in those cases when, to accurately clarify the circumstances that are encountered in the case, special information or experience in science, art, craft, craft, or any occupation is necessary.” The article was included in the subsection “Inspection and examination through knowledgeable persons in general” of the section “Inspection and examination ”.

A similar wording was previously given in Art. 943 Code of Laws of the Russian Empire (in 1832 ). The need to provide expertise the status of a means of proof was due to the intensification of the process of differentiation of knowledge. In this regard, the statements of V. D. Spasovich have not lost relevance. “The boundless sea of ​​human knowledge,” wrote this famous Russian lawyer, “and the necessary correct division of labor. A separate head, a separate mind is not able to accommodate a thousandth of the experience accumulated over centuries. Each specialty has been modified to special laws. If it happens that the court or an individual will need to turn to another specialty, then instead of starting to study this specialty and, so to speak, going to discover America, you can directly contact a specialist from a particular specialty and take a ready-made formula from him ... ".

At the beginning of the XX century. in Russia, institutions and services intended exclusively for conducting expert examinations began to be created. In 1912 in Kiev and in 1914 in Odessa there were open cabinets for scientific and judicial examination. With the creation of these structures, the process of the formation of forensic branches of knowledge as a specialized scientific base of expert research has become much more active.

Acquired the relevance and the problem of improving the legislative regulation of expertise. As already noted, in the Charter, examination was considered as a kind of examination or survey. At the same time, the theoretical question of the procedural nature of the examination was then still sharply debated. Competing several concepts. Some scientists considered the examination as an independent type of evidence, others as a kind of witness testimony or examination. There was also a concept according to which an expert is a scientific judge.

Over time, it became increasingly apparent that the advantage lay in the concept of examination as an independent type of evidence.

The terminology of Art. 325 of the Charter. The terms " expert ", " examination " were not used in it. However, in the procedural literature of the second half of the 19th century, they were already widely used. The expression “knowing face” (Russian “knowledgeable face”) became somewhat archaic. It was not clear what was meant by special information or experience in science and other activities. After all, if there is special information in science, then there must be some more. The question arises: which ones and how to distinguish them from special ones?

At the end of the 19th and the beginning of the 20th century In Russia, projects were developed to improve the procedural legislation, in particular as regards the examination. However, they were not implemented, and the wording of Art. 325 of the Charter lasted until October 1917 .

After October 1917, the young Soviet state was given the opportunity to deal with internal problems, and in particular, criminal proceedings. On March 1, 1919, the Forensics Cabinet began to function in Moscow under Tsentororozysk . Taking into account the legislation of the RSFSR, at that time in Ukraine a number of codes were developed and put into effect. A judicial reform has been carried out, prosecutors, advocates, notaries have been created. Practical measures were taken to improve and improve the quality of crime investigations, in particular through the use of scientific and technical means. The Code of Criminal Procedure of the Ukrainian SSR of 1922 (Article 62) explicitly provided for this type of evidence as an expert opinion.

The legislative regulation of forensic examinations and the need to ensure their production at an appropriate level required the creation of specialized state research institutions. In these conditions, by a resolution of the Council of People's Commissars of the Ukrainian SSR of July 10, 1923, they were established in Kharkiv, Kiev and Odessa regional offices of scientific and judicial examination and approved the provision on them. But the first provision on the offices of scientific and judicial examination regulated only a limited range of issues related to the activities of these offices.

The functions of the cabinets were only the production of various kinds of scientific and technical research in court cases. In order to more fully regulate the activities of these institutions, the People’s Commissariat of Justice of the Ukrainian SSR on November 30, 1923 approved the instruction for the regional offices of scientific and judicial examination.

To perform the functions specified in this Instruction, the following sections were provided in the cabinets: chemical and physico-chemical studies, forensic, macro- and microscopic studies, personal identification (fingerprinting, poroscopy, anthropometry, etc.). In 1923 , the Kharkov office was also allowed to organize a section on the study of the human body. The instruction of the NKJU of the Ukrainian SSR of 1923, which was in effect for almost 30 years, played a significant role in the development of legal regulation of the activities of forensic institutions of the republic. A number of its provisions, which have justified themselves in practice, were adopted in subsequent regulations.

On April 25, 1925 , the Council of People's Commissars of the Ukrainian SSR approved a new Regulation on the scientific and judicial examination cabinets, which, compared with the previous Regulation, significantly expanded their functions and introduced changes in their structure. Along with the production of scientific and technical research and examinations in court cases, the classrooms were supposed to conduct scientific work and experimental research on criminal technology and the methodology of the study of crimes and the study of the identity of the criminal.

In 1925, due to the fact that the function of the offices expanded, the significance of the work they performed increased. They were transformed into the Institute of Forensic Science. The activities of the institutes were regulated by the Statute on the judicial system of the Ukrainian SSR, approved by the second session of the All-Russian Central Executive Committee on October 23, 1925. Two new sections were added to the structure of the institutes: biological research and criminal psychological and psychopathological research.

The Statute on the judicial system of the Ukrainian SSR in 1929 abolished the sections of forensic medical research, as well as criminal psychological and psychopathological research. The profile of the institutes was determined, their functions and structure, which persisted for more than twenty years. In 1944 , forensic science institutes were renamed as forensic research institutes.

The first post-war Regulation on research institutes of forensic science was approved by the Ministry of Justice of the Ukrainian SSR on December 27, 1950 .

This provision expanded the functions of institutes in the field of research. Along with the development of new research methods for material evidence and tactical issues related to the preparation and conduct of examinations, it charged the institutes with the responsibility of developing questions of the theory of forensic examination.

In 1952 - 1953, there was a change in the profile of the expert activity of institutes. Thus, the departments of biological research stopped the production of examinations on the study of blood, saliva, sperm and human hair, and the departments of chemical research - the internal organs of the person for poisons in connection with the relevance of the research of these objects to the competence of forensic medical institutions.

In 1960, the new Code of Criminal Procedure of the Ukrainian SSR was adopted, there were changes in the activities of forensic institutions. Given this, the Ministry of Justice of the Ukrainian SSR on March 7, 1962 approved the new Regulation on the research institutions of the forensic examination of the Ukrainian SSR.

In 1970 , the State Committee of the USSR Council of Ministers for Science and Technology adopted the General Regulation on research, development, design and technological organizations, which provided for the individualization of the legal regulation of the activities of research institutions, in particular the adoption of charters.

In this regard, the Ministry of Justice of the Ukrainian SSR, taking into account the Charter of the All-Union NIISE, on December 3, 1971, approved the charters of the Kiev and Kharkov NIISE, defining the tasks and forms of activity of the institutes at present. The activities of the Odessa Research Laboratory of Forensic Science is regulated by a separate provision approved by the Ministry of Justice of the Ukrainian SSR.

Of great importance for improving the practice of conducting forensic examinations in criminal courts was the decision of the plenum of the Supreme Court of the USSR of March 1, 1971 “On forensic examinations in criminal matters”.

Subsequently, many more measures were taken to improve the activities of the institute of forensic examination, although the legislator faced with problems of legislative and regulatory regulation, nevertheless, the forensic examination, despite all the difficulties, strengthened its position as a necessary basis for obtaining special knowledge during the investigation of a criminal case .

Class 1 Forensics:

a) autographic, ballistic , handwriting , portrait, technical and forensic examination of documents, expertise of edged weapons and traological (the object is any traces that need to be examined, include examination of human footprints, the study of locks, seals, traces of burglary tools and tools, research traces of vehicles, examination of mechanical damage to clothing, etc.);

b) video phonographic (video phonoscopic, examination of video and sound recordings), explosion engineering, phototechnical, examination of the restoration of destroyed markings;

c) examination of fibrous rock objects, paints and coatings, petroleum products and fuels and lubricants, glass, metals, alloys, polymeric materials, narcotic and psychotropic substances, alcohol-containing liquids, perfumes and cosmetics.

Class 2 Forensic, forensic psychiatric and psychophysiological: forensic examination and investigation of a corpse, forensic examination and forensic examination of victims, accused and other persons, forensic examination and examination of material evidence (biological, chemical, cytological , genetic, medical and forensic examination), forensic medical examination based on the materials of criminal and civil cases, forensic psychiatric, forensic psychological , as well as Appropriate psychological, psychiatric and forensic medical and social expertise .

Class 3 Forensic engineering: fire-fighting, construction-technical, electrical, computer-technical, examination of electrical appliances and safety expertise.

Class 4 Forensic engineering and transport: automotive, aircraft, railway, and others.

Class 5 Forensic engineering: technological and merchandising.

Class 6 Judicial economic: accounting, financial and economic, engineering and economic.

Class 7 Forensic biological: botanical, zoological, microbiological, entomological, ichthyological, ornithological, odor traces (odorological).

Class 8 Forensic and soil science: mineralogical and soil science.

Class 9 Agricultural: agrobiological, agrotechnical, veterinary, veterinary toxicological ^[2] .

Class 10 Forensic-ecological: examination of the ecology and ecology of the biocenosis environment.

Class 11 Food Examination.

Class 12 Art criticism expertise.

Recently, there has been a tendency not to separate examinations into classes. Это объясняется тем, что наука не стоит на месте, появляются новые методы исследований, новые виды экспертиз, и поэтому достаточно сложно относить те или иные виды экспертиз к определённому классу. Так, существует понятие «традиционная криминалистическая экспертиза». Что понимать под словом традиционная? Например, о компьютерно-технической экспертизе лет 15-20 назад и речи не могло быть, а сегодня она является достаточно распространённой и, можно сказать, стала традиционной.

Помимо данной классификации следует упомянуть о делении экспертиз на первичные, дополнительные и повторные.

Первичная экспертиза — экспертиза проводится первый раз для выяснения обстоятельств и фактов, необходимых для расследования дела, а также принятия правильного судебного решения, поскольку заключение эксперта по действующему законодательству является доказательством по делу.

В случае недостаточной ясности или неполноты заключения эксперта суд может назначить дополнительную экспертизу, причём эта экспертиза может быть поручена как тому же, так и другому эксперту.

Повторная экспертиза назначается в случае возникновения сомнений в обоснованности заключения эксперта или наличия противоречий в выводах эксперта или экспертов — по тем же вопросам. Производство её в любом случае поручается другому эксперту (другим экспертам).

Первичная — впервые производимая экспертиза, если на досудебном этапе вещественные и иные доказательства экспертному исследованию не подвергались.

Дополнительная — экспертиза, назначаемая в случаях недостаточной ясности или неполноты заключения эксперта, а также при необходимости исследования новых объектов и/или получения ответов на дополнительные вопросы. Поручается тому же или иному эксперту (экспертам).

Повторная экспертиза может быть назначена в случае наличия сомнений в правильности или обоснованности экспертного заключения, а также в случае существования противоречий между несколькими экспертными заключениями. Производство повторной экспертизы в любом случае поручается другому эксперту или группе экспертов.

Комплексная экспертиза назначается судом, если для установления обстоятельств, имеющих значение для данного дела необходимо одновременное проведение исследований с использованием различных областей знания или различных научных направлений в пределах одной области знания. Такая экспертиза поручается нескольким экспертам, которые впоследствии формулируют общий вывод на основании проведенных исследований (если есть специалисты, не согласные с общими выводами, то они подписывают только свою исследовательскую часть заключения). Вопрос о возможности назначения комплексной экспертизы одному эксперту, являющемуся специалистом в нескольким областях (направлениях), в настоящее время является дискуссионным.

Commission examination is assigned to a group (commission) of experts - specialists in the same field of knowledge. According to the results of the studies they formulate a general conclusion.

• Survey
• Forensic Entomology
• Forensic units
• Forensics
• Forensic Center of the Ministry of Internal Affairs of Russia
• Forensic specialist
• Profiling (forensics)
• Odorology

• Lykoshin A.S. ,. Examination // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.

• Russian Center for Forensic Medicine of Roszdrav
• Forensic Chamber of the Russian Federation