In the course of the investigation in some cases there is a need for certification. It can be carried out in respect of the victim, the accused, the suspect and other persons.
Survey: Definition
The procedure acts as an independentprocedural action. Examination is an examination of the body of a living person, as well as his clothes. This procedure is performed when, as part of the investigation, no forensic examination is required. Forensic publications provide a more complete interpretation of the concept. Survey is a complex of identification and cognitive operations that are carried out by the investigator or other person on his instructions.
Characteristic
The objectives of the survey are to identifyon the body of the traces of the crime, special signs, damage. The procedure is performed to determine the degree of intoxication, identify other signs and properties that are relevant to the investigation. The basis of the examination is the decision of the authorized person conducting the inquiry. In some cases, it may be possible to inspect the clothing of the subject, if without this it is impossible to establish the origin of the marks on the body.
Inspection Tasks
The procedure allows you to identify:
- Signs that are used to identify the person (tattoos, scars, birthmarks, etc.).
- Damage (bruises, bites, scratches, wounds, etc.).
- Particles of substances.
- Correspondence of injuries on the body to tracks on clothes.
- Drunk.
- Other signs that are essential to the case under investigation.
Preparation
Despite the fact that the examination is an urgent procedure, it is important to properly organize its implementation. Preparation for the inspection is reduced to:
- Selection of place, time and participants of the procedure.
- Preparation of technical equipment.
- Instruct the participants.
Как и прочие следственные действия, осмотр может performed in the investigator's office. If you need the help of experts, the use of technical devices, substances, equipment, the procedure is carried out in the laboratory and other places.
The participants
As a rule, the procedure is performed byan investigator. However, it is allowed to attract a doctor or other specialist. According to the Code of Criminal Procedure, if the examination involves exposing a person to the opposite sex to the investigator, then it is carried out exclusively by a doctor. Criminologists may be involved in the procedure. For example, it is required to detect and fix invisible or invisible traces on the body. A specialist chemist may participate in the procedure. He discovers traces of combustive-lubricating substances in the investigation of cases of arson, etc. The witnesses are considered to be optional participants of the investigative action. According to art. 170 of the Code of Criminal Procedure, the decision to involve them in the procedure is taken by an authorized person at the request of the parties to the criminal proceedings or on his own initiative. For the examination of witnesses, their consent is required, except in cases where this action is necessary to evaluate the testimony given by them.
Technical means
Professionals may use different methodsequipment performing the survey. This allows you to significantly improve the quality of research. So, when using ultraviolet light on the human body can detect traces of sperm or blood. Electro-optical converters are used to detect traces of soot, soot, metal. It is allowed to use only those technical means that do not cause unpleasant or painful sensations or damage to the skin of the subject. It is forbidden to use chemical compounds that can cause burns. Actions performed by a specialist or an investigator should not degrade the dignity and honor of a citizen, as well as pose a threat to his health or life.
General rules
The procedure begins with the identificationa citizen. After that, a decree on the appointment of the procedure is announced. This document is mandatory for the inspected person. The subject is explained the procedure for conducting the survey, its duties and rights. In the process of inspection must be followed the sequence of actions. In accordance with the general rules, first of all, a general examination of the body is carried out. After that, its parts are sequentially examined from top to bottom: from the head, to the neck, to the shoulders, chest, back, abdomen, genitals, buttocks, legs. Particularly carefully inspect those areas where more likely to detect traces predetermined by the event, or special signs. The search should be carried out purposefully, in accordance with the mechanism and type of the crime committed. Thus, during the investigation of burglary, an inspection is carried out to identify microparticles from the scene: dirt, dust. Spots from them may be on the skin, particles of substances may be present in the ears, hair, in the nose. If the crime was committed with the use of firearms, brushes and fingers are examined. Traces of lubrication, soot, etc. may be present on these sites. Different injuries, stains, wounds, abrasions, and bruises are characteristic signs of a crime. If such traces are detected, their location, shape, color, quantity are described.
Features of the procedure in the framework of the judicial investigation
The main reasons for the examination are:
- The arguments of the participants in the proceedings about the inaccuracy or incompleteness of previous investigative actions.
- Falsification of the inspection protocol or the procedure itself.
- Collection of new evidence in the case, etc.
To citizens who have not committed acts in whichthere are signs of an administrative offense or a criminal offense, inspection is used only as a measure of medical care. One of its varieties is a psychiatric examination. This procedure can be:
- Voluntary. Any examination of a citizen by his personal visit to a doctor can be attributed to this category.
- Mandatory.This kind of procedure is established for entities wishing to exercise any of their rights. In case of refusal of the examination, the person cannot use this or that legal opportunity.
- Forced. Involuntary examination is performed on the grounds provided for in Art. 23, Part 4 of the Law "On Psychiatric Care." Its implementation does not require the consent of the person.
Fixing the procedure
The CPC prescribes the protocolsurvey. It reflects the process and results of the inspection. If the procedure is performed in relation to a citizen whose gender differs from that of the investigator, the latter is not present at the event. The protocol in this case is made according to the doctor who conducted the examination. The document must contain a corresponding record stating that the investigator was not present at the examination and the information was taken from an interview with a specialist. Partial descriptions of clothing may be included in the protocol if signs of the same nature and location with injuries are found on it. In addition to logging, it is advisable to use other methods of fixation. Such an opportunity, however, will depend on the subject being examined. In particular, video recording, photographing a citizen, if the inspection is accompanied by an exposure, is allowed only with the consent of the person. These actions are carried out in accordance with the rules of criminology. In particular, photographing is performed using a scale bar. First, contamination or damage is recorded in areas not covered by clothes. Then other places are photographed after the body is exposed. For fixation, it is advisable to use during the examination scheme. They will perform the function of visualization, without affecting the individual interests of the subject, relating to the demonstration of the naked body. Information that is communicated by the participants of the inspection and have the character of the testimony is not recorded in the protocol of the survey. However, statements by subjects regarding procedural issues, comments on the completeness of records are reflected in the document.
Conclusion
The examination thus acts asseparate investigative action. It is considered urgent and is carried out only in cases where expertise is not required. The examination within the framework of the judicial investigation can be carried out in relation to both those already examined and those who have not undergone the procedure. The appointment of the event is recorded in the protocol of the investigator or the court decision. Despite the relatively small scope of inspection activities, a specialist or official is required to comply with their established sequence. If there is a resolution, the certification is a mandatory procedure for the subject. If the person refuses to undergo an inspection, the event is appointed forcibly. As a rule, this situation occurs when a psychiatric examination is prescribed. It can be carried out in the framework of both civil and criminal proceedings. If the procedure requires special knowledge in any field or the use of technical means, its implementation may involve relevant specialists. The results of the examination are mandatory recorded in the protocol and attached to the case file.
