What is an examination? Types of examination in forensics

In the criminal process, the investigative body obtains evidence of the guilt of the offender, conducting the necessary investigative actions, one of which is considered interrogation, examination, inspection. Types of inspection are quite diverse. However, usually the subdivision of this investigative action is as follows.

The concept of inspection in the criminal process

The concept and types of examination in forensic science are determined by the main normative act in this area - the Civil Procedure Code. Inspection in this branch of law implies a direct perception with subsequent mandatory fixation in accordance with the rules of procedural law of external signs and characteristics of objects. As usual, investigators have an unhindered approach to such objects.

The criminal procedural legislation regulates the examination by articles 176-178 of the Code of Criminal Procedure of the Russian Federation. The definition of "inspection" in itself means visual perception of objects, but other senses can be used during its conduct. For example, in the inspection protocol, the smell of the inspected object or its quality, determined by means of a sense of touch, can be fixed. Any sounds related to the examination may be taken into account.

Types of investigation

The types of investigation are mostly different from each other. And the difference can be in the method and method of their conduct. But the main difference, according to which this investigative action is divided, is due to the object or object, on which the inspection is conducted. Types of inspection are:

• Places of Incident.
• Documents or any objects.
• Locations.
• Residential or other premises.
• Corpses.

Inspection of the scene

What types of inspections can be carried out only after the institution of criminal proceedings? Everything, besides this. Part two of Art. 176 of the CCP RF establishes and regulates the execution of the inspection of the scene. It is worth noting that this type of inspection is one of the few investigative actions that can be performed before the case is initiated. This is done, firstly, in order to fix possible evidence as soon as possible, and secondly, to determine the expediency of initiating production.

Here it should also be noted that the inspection of the scene involves a visual examination, not only of 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 crime, guns or something else that matters. Therefore, under the concept of "place of incident" can be attributed to any premises, open area and the like.

Inspection of the scene is considered urgent. As already mentioned, that is why it is allowed to be produced before the case is opened. An inadequate inspection can provoke a loss of traces and evidence. This criterion differs from other types of examination. That is, it can be held only if there is a probability of losing traces of crime and evidence. In the absence of this, this type of procedure will no longer be considered an inspection of the scene. This will be an examination of the terrain, premises or dwellings, which it will be possible to conduct solely following the issuance of an order by the investigator to initiate criminal proceedings.

However, there are also types of inspection of the scene. So, this investigative action can be conducted both with the participation of certain specialists (in necessary cases), and without them. This examination may vary by method, method and tactics.

Sightseeing

The next type of investigative inspection is the inspection of the area. "Terrain", if you think from the concept of "place of incident", does not necessarily contain traces of the 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 room where the accused, suspected of committing a crime, lived or was. Survey of the terrain is also carried out in other cases, if there is no immediate need.

Inspection of living quarters

Under the dwelling is understood the structure, apartment, house, in which people live. Related non-residential premises also belong to the home. The inviolability of the home is established in the Constitution itself, therefore the procedural law specifically regulates the procedure for its inspection.

So, it is implied that the inspection of the dwelling should be carried out only with the consent of all persons residing in it. Of course, this applies only to capable persons. If at least one person is against such an investigative action, the law enforcement agencies are required to obtain a relevant judicial act authorizing his conduct. This requirement is due to the fact that the examination restricts the constitutional rights of citizens.

Here it should be noted that the examination of the home and the search - 2 procedures, which in many respects are similar to each other. However, they should be distinguished. The search, in contrast to the investigative action in question, is intended to reveal the hidden traces of the crime, any evidence. Inspection of the dwelling consists only of superficial observation and study of objects to which there is unimpeded access. Thus, the inspection infringes on the rights of people living in an apartment or house.

Inspection of objects

Sometimes in the proceedings of the case there are objects with which it is necessary to conduct investigative actions, in particular inspection. Types of inspection suggest a similar visual examination of not only objects, but also documents. However, this type of inspection may not be independent. It can occur in the context 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 the inspection on the spot where the evidence was found was difficult (weather conditions, poor visibility, etc.). As well as an independent element of the criminal process, this kind of inspection will act if the objects or documents were submitted by someone (for example, as a result of seizure).

The purpose of this action is to ensure the subsequent expert or some other study of objects, documents. It is in this connection that legislation draws the attention of the investigating authorities to the processes of seizure of these things, their subsequent correct packaging and certification. The thoroughness of these processes is understandable. An incorrectly seized or packed proof, the guilty party will easily turn to its own advantage, stating that the subject presented to the court is not the one that was seized.

Examination of the corpse

Types of investigative examination in forensics include and such unpleasant action as an examination of a deceased person. As well as the previous investigative action, the examination of the corpse can be either independent or pass through another process conducted by the investigator. For example, if the body is found on the scene, then its inspection is performed here. The result is recorded in the inspection report of the scene. In the same cases, when a corpse, for example, has already been taken off the scene of the crime before the arrival of the investigative group, the examination is conducted as an independent investigative action, for example, in a morgue. It will also be independent during exhumation or as a result of detection in other procedures conducted by the investigative body.

This type of inspection involves several additional requirements that separate it from the rest. When conducting an investigative action with a corpse, it is mandatory for the expert to participate in the medical field, and in the extreme case of any physician. Inspection should be accompanied not only by photographing, but also fingerprinting (fingerprinting), if the corpse is unidentified.

When examining a corpse, a special coercive measure is possible, consisting in its exhumation. This procedure involves the extraction of the corpse from the grave and must be ensured by the consent of the relatives. In exceptional cases, in the absence of such consent, a decision on the application of such a measure must be made by the court.

Survey

Some interpreters of laws believe that the examination of living persons is also an inspection. Perhaps this is so, but this investigative action is very specific. It is not by chance that it is singled out by the legislation separately. Because of this, it is necessary to evaluate the examination by an independent investigative action. It should only be noted that the types of investigative medical examination, which is an examination, are also very diverse.

Conclusion

So, practically every investigative action, as a result of which they receive material evidence and not only, requires that the inspection be carried out properly and in accordance with the legislation. The types of inspection that need to be carried out in this or that case are regulated by the criminal procedural legislation. The investigative authorities are obliged to comply with all the requirements established by law in the production of these actions. Otherwise, there is a risk that such evidence will be inadmissible.