To the expert can most fully in the short term to give an opinion on matters put before him, to draw attention to organizational and tactical features of preparation for a judicial review.
The appointment of expertise includes the following main elements:
1) collecting necessary for research materials;
2) timing of an examination;
3) definition of forensics;
4) formulation of questions for raising them before the expert;
5) the choice of expert institution or expert;
Collecting necessary to study the materials. These materials are investigated objects (exhibits, live person carcass or part, etc.), For which the investigator (the court) should clarify issues that require the use of special knowledge. Investigated objects collected during the investigation (legal) actions (inspections, searches, seizures, etc.) In compliance with the statutory rules of their collection.
Experts in some cases need to provide samples for comparative study. In preparation for the holding of investigative action specialist can help the investigator to determine which models and how many are needed for assessment, which are necessary conditions for obtaining them how best to implement their removal.
The investigator has the right to seek advice on these issues to expert. Of course, the professionals should assist in removing prak¬tychnomu samples and applying the necessary technical means.
Depending on the time and conditions of the samples are divided into free, conditionally – free and experimental.
Free samples – material objects that arose before the crime and not in connection with it.
Conditionally – free samples – material objects that occur after the crime but for the purposes of comparative study.
Experimental designs – material objects, obtained by investigators for the purposes of comparative study.
Materials to expert agencies deliver mail via EMS or courier.
Preparation for obtaining experimental samples for comparative study includes three aspects: organizational, procedural and tactical.
The registration includes the implementation of preparatory actions: – identifying the persons who will select designs; challenge and ensure their arrival at obtaining samples; ensuring the participation of specialists in obtaining samples. It should be borne in mind that some samples (eg blood) without receiving care professional (physician) is not desirable. Participating physician will ensure the health safety of the citizen, it makes sense both from a legal and ethical.
Procedural aspect consists of:
drafting resolutions for obtaining samples;
familiarization with the Resolution of the person from whom samples to be removed;
invite witnesses.
By tactical aspects include:
determining the place of receipt of the samples;
job training;
determine the mode and conditions of obtaining samples;
preparation of necessary materials and devices;
determination means to obtain samples.
Obtaining samples for expert research should be carried out in compliance with the following requirements:
ensuring human rights and freedoms;
obtaining adequate samples person in the prescribed manner;
providing certainty the origin of samples of a particular object, their reliability;
obtain samples of the required quality;
receipt of necessary quantity;
proper documentation of the course and results of investigative action.
Certainty the origin of the samples provided with relevant procedural design. Number determined by the rules set out in special techniques.
By the conditions for a quality samples include:
comparable capacity (model features make it possible to compare them with evidence of the investigated object);
completeness (property of the samples is the most accurate signs of the object that is identified);
tenure (ability to keep samples for a long time identification signs).
Also I would have noted that the completeness and objectivity and comprehensiveness of training and appointment of judicial examination, promote investigative skills to perfection using techniques to identify, review, fixation and removal of traces from the scene.
Suitable materials provided to the expert study should be sufficient in quantity (experimental and free, shareware free samples of writing for handwriting examination required amount of blood to establish its group, etc.).
All selected samples and exhibits intended for expert research, is a procedural issue and properly pack for transport. Errors allowed in the package, can lead to the inability production expertise.
Selecting the appointment of expertise. As a general rule forensics should be appointed in time. Timely appointment planning expertise provided by this investigative action.
Defining moment an examination must take into account:
1) state properties and objects of expert research;
2) the necessity and possibility of comparative samples;
3) features expert study (complexity, availability of appropriate methodologies, conducting et al.);
4) investigation of the situation.
Selecting the appointment examination involves determining its place in the other investigation. Purpose and examination is due to tactical considerations. Timing of the examination is due to the peculiarities of investigation of crime, investigation of the situation, the presence or absence of the necessary materials for the purpose of examination.
Definition of forensics. The subject of forensic examination – those circumstances could be clarified during the assessment, the actual data that are based on specialized knowledge and research of the case. Subject examination is determined by the questions posed to the expert investigator or the court.
The wording of the expert. In accordance with the law to the expert can be put only those matters for which the necessary scientific, technical or other specialized knowledge.
Ask An Expert must meet the following basic requirements:
1) do not go beyond the specific expert knowledge and have no legal character;
2) be defined, specific and concise;
3) have a logical sequence;
4) characterized fullness and be integrated.
Typically, when pry¬znachennya examination questions are formulated regarding such typical ob¬stavyn:
causal link between the phenomenon and its consequences;
time, direct action, speed, strength, consistency and other parameters of the process;
characteristics and condition of the objects (such as a criminal record, age, sexual maturity, serviceability weapons, etc.);
tribal affiliation and personal identity.
In formulating the question the investigator is guided by the following provisions:
– Clarify the circumstances of the essence to be set using expertise;
become familiar with scientific opportunities and methods of installation (receiving) information about the fact that it was established;
determine the presence of other methods of establishing the circumstances of the criminal case.
Thus investigator should pay serious attention to the formulation of questions relating to the expert. These questions can not go beyond the special knowledge of the expert. Report this formulation are the following questions: “What is the purpose forgery signatures were in the will?”; The answer to such questions – legal and does not require special knowledge – should be obtained during the investigation by investigators.
Ask experts should be formulated clearly and precisely. To clarify the issues and determine the amount of materials needed for examination in order to achieve accuracy, consistency and use literacy expert or professional assistance. However. the investigator should not hold them work to collect materials for examination. It is the duty of the investigator.
The choice of expert institution or expert. The choice of expert institution shall take into account the type of expertise, research facilities and the nature of issues to be addressed.
