Investigation inspection. Types of inspection, the concept of inspection
Investigative actions involving the detection and subsequent investigation of traces or physical evidence, as well as direct examination of the premises or area where the incident occurred, requiring evidence of evidence of a crime, and, finally, processing the results, is an inspection. Types of inspection of the scene will be discussed in this article.
The reason for going to the scene of an incident is the decision of the investigator when he received information about such a need. Moreover, this decision has not yet been documented, since the inspection itself, it is impossible to know the types of inspection in advance, and the action is of the most urgent nature and takes place at any time - around the clock, immediately after receipt of the application - written or oral.
Crimes occurring in the world can be of two types, although the separation is sufficiently conditional.Incidents are divided into material, where traces are necessarily left, and formal, which most often do not leave any traces. Incidents of the first group require mandatory and quick departure of the investigator in order to carry out an inspection. Types of inspection - depending on the circumstances of the incident.
What exactly should the investigator find at the scene? He needs traces and evidence showing that this case has evidence of a crime. Or on the contrary - it does not. They also specify the number of people involved in this incident.
It is necessary to clarify the circle of people who should conduct an inspection. The types of inspection dictate the absolutely obligatory presence of the three groups involved in this action. Firstly, these are lawyers who directly conduct investigative actions. Secondly, they are forensic experts, forensic doctors. The third group is understood, that is, random people who just turned out to be near, and now have to be present and watch the inspection. At the end of the procedure, they sign a protocol. So it is possible to avoid illegal actions.
Every person who inspects the scene of the incident has their own rights and obligations, always absolutely specific. The practical activity of the forensic physician consists of procedural and departmental. The first is the participation in law in civil or criminal proceedings: the resolution of biological and medical issues that arise in the course of an investigation by law enforcement agencies.
And the procedural activity of the forensic physician itself is divided into two parts: expert (for example, examination of a corpse) and special (participation in investigative actions where no expertise is needed, for example, searching the premises where illegal medical activities were conducted).
Concept and types of inspection
This investigative action is urgent and is aimed at detecting, investigating the situation at the scene of the incident, fixing the traces of the crime, as well as the offender and a variety of data that allow to conclude in aggregate the content and mechanisms of criminal activity. This is facilitated by the many circumstances of the event to be investigated.
The procedural order is determined by the list of inspection, which is provided by law. So, begin to look through the main types of investigative examination.
Inspection of the site area, technical facilities, non-residential or residential premises, which is called the scene of the incident. It can be found corpses, traces of self-defense or struggle, breaking into storage, weapons and vehicles, as well as many other things that could push the investigation to determine the possible commission of a crime. The scene of the crime scene cannot be identified, since the offender may be able to transfer the traces of the crime to another location. If the investigative action seems to be urgent, then the examination, types of examination, examination are applied before the initiation of the criminal case took place, since it is they that become the basis for its initiation.
Residence and adjacent territories
The terrain, which is not the scene of the incident, is also carefully inspected. Even the area associated with the incident is only indirectly included in the types of inspection.Accidents can happen even very far from, for example, a caches, where the criminals are hiding, so you need to identify all the ways of approach and departure.
Next, we consider the study of the incident in the home. This is the third investigative action that is included in the types of inspection of the scene. Here it is necessary to proceed from the situation defined by the Constitution on the inviolability of the home. Therefore, no one has the right, against the will of the tenants to penetrate into someone else's house.
Victims usually do not object to the desire of investigators to inspect the scene of the incident, since law-enforced interests (robbery, theft, assault on a person, etc.) have already been violated by the crime. If objections arise (more often in suspects who do not want the traces of the crime to be discovered), then a judicial decision is needed to inspect the home. In fact, this situation allows the criminal to destroy the traces that expose him as a crime, since there is a time before the court makes a decision on the examination. It helps only the above law, which allows to recognize this investigative action as urgent.Then the inspection is done immediately, and it is here that the normative prescription and the reality overcome the collision.
What types of examinations are used most often? Of course, this includes the investigation of the scene of the incident, connected with the circumstances to be proved. These may not be dwellings, or even a crime scene as such. For example, outbuildings, garages, which were the place where the offender was waiting for his victim, guarded her. This can be any warehouse, granary and other premises where there are storage conditions for the stolen item.
Also, any office space, office of any organization where criminals could penetrate, all means of communication, locations of employees, places of access for visitors - all this may also be subject to inspection. Any trade module belonging not even to the organization, but to a private person, including stalls, can be carried out investigative actions in all non-residential premises. Thus, this is also included in the inspection (types of inspection). The inspection report is drawn up and signed in the same way by the witnesses.
Items and documents
The objects of investigative actions may be any material traces left: the instruments of crime, personal documents dropped and any other documents that are recognized as physical evidence by virtue of the place of detection. These are transport: rolling stock, airplanes, sea and river ships, vehicles, if an accident happens. The objects of inspection can be animals, even their corpses, if it is necessary to determine the owner by brand or special omens. This is the so-called main inspection. If there are too many items seized during the inspection and it takes a long time to study (to involve specialists, for example, technical means to apply), then documents and objects become an independent type of examination.
There are also cases in which documents and objects are seized during the search and seizure, which were not subjected to the initial examination, that is, the investigative actions were different, and if they were provided by the victim, accused or suspect to exercise their rights in order to join the criminal case, in this case, the inspection is a separate investigative action. Act (h. 2 and 3, Art.86 of the Code of Criminal Procedure of the Russian Federation) this concept and types of investigative examination are stipulated. A variation of it is also an element of the procedural actions in the form of a seizure, examination and seizure of telegraph and mail items (Article 185 of the Code of Criminal Procedure of the Russian Federation).
This is the sixth type of inspection, and this variety is regulated in the CPC separately from the others, since during such inspection it is necessary to observe a number of specific rules prescribed by law (Article 178 of the Code of Criminal Procedure of the Russian Federation). The determining condition here is the participation of a specialist (doctor or forensic doctor). In this case, the expert does not act as an expert, even if his position is so called (Article 168 of the Code of Criminal Procedure of the Russian Federation). It is possible to investigate the corpse during the inspection of the scene, but if, for example, the wounded man was taken to the clinic and died already there, the examination is an independent type of investigative action.
The same thing happens during exhumation - the removal of the corpse from the burial. Here, too, there are signs of an investigative action: its production requires an order, then a protocol is drawn up. There are witnesses, a forensic scientist or a doctor, and other specialists may also be involved (part 1 of article 178 of the Code of Criminal Procedure of the Russian Federation).However, the exhumation itself is not an investigative act, since it cannot provide the evidence base. Information is detected during the inspection - identification, obtaining samples, expert research. Exhumation is only a prerequisite for an examination or investigative action. Special requirements are met here: consent of relatives or obtaining permission by court. Expenses are reimbursed according to the law (Art. 178 of the Code of Criminal Procedure) to the relatives of the deceased.
This is an examination of people, only living ones, and it is carried out by an investigator according to a certain procedure. The examination is the examination of the body of the victim or witness, the accused or the suspect. His goal - the discovery of information or information that is needed for the investigation file. Examination, according to the law (Art. 179 of the Code of Criminal Procedure), is carried out only if a forensic medical examination is not needed.
Special signs or traces of a crime can be found on the human body: wounds, bruises, blood, scars, bruises and the like, as well as tattoos, birthmarks, scars after operations, some signs of a profession (for example, fingers in snipers).Physical injuries are only ascertained by the fact of their presence, appearance, location, and their severity is determined by the expert. Is determined by examination of the state of intoxication - alcoholic or narcotic - and other signs and properties that are significant for the criminal case.
Methods and stages of inspection
In forensic science, there are many methods of examination - eccentric, concentric, and others, and all of them provide thoroughness and comprehensiveness of inspection. From forensic techniques can be called the search for low-visible traces (dust, oblique light), the use of technical means.
Stages of inspection of the scene are: preparation, preliminary actions, general overview, inspection of objects, presentation of results, further actions. The whole procedure is thoroughly regulated, so that the evidence after the inspection is ensured by admissibility. This is primarily the participation of witnesses who observe the very fact of the inspection, its course and results. There are exceptions when investigative actions are allowed without witnesses (part 3 of article 170 of the Code of Criminal Procedure of the Russian Federation), but these are exceptional cases.