Criminalist system. Methods of criminalistics

This publication is a summary of crime lectures. Detailed consideration of the issues of investigation, disclosure and prevention of crimes provide a reader a unique opportunity in a short time to familiarize themselves with the course of forensic crime as a whole, and also prepare for the successful passing of the exam or test on this subject. The present summary of crime lectures is intended mainly for students of higher and secondary educational institutions of legal specialties, as well as all interested in crime issues.

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Section I. General Theory of Criminalistics

Lecture 1. Subject, tasks and system of forensic

1. Subject and objectives of forensic

Criminalistics - This is a science that studies and summarizes the experience of combating crime, develops funds, techniques and methods of disclosure and investigation of crimes.

At various times, the definition of the forefinder, which was determined by the forefront, reflected various stages of the development of its theory and practice. In the modern period, the most successful definition of science of criminals was proposed by R.S. Belkin. In his opinion, criminalistics - This is the science of the laws of the crime mechanism, the emergence of information about the crime and its participants, collecting, researching, assessing and using evidence and based on the knowledge of these patterns of special means and methods of judicial research and preventing crimes.

This definition is not the only and indisputable. So, according to V.E. Kornukhova, criminalistics - This is a science that studies criminal activities and the activities of the investigator (generic object) to know the laws of the processes of reflection and knowledge and development on this basis methods of practical activity: strategies and methodologies to investigate crimes, tactical techniques and their combinations for the production of individual investigative actions; Family forensic means and technical techniques for the detection and fixation of the traces of the crime and expert methods for the study of material evidence.

V.A. Samples believes that criminalistics - This is the science of technology and means of practical follow-up (search and cognitive activity in criminal proceedings).

E.P. Ishchenko, A.P. Toporkov believes that criminalistics - This is the science of the laws of the mechanism of committing a crime, the emergence of information about him and its participants, the patterns of collecting, evaluating, research and the use of evidence and based on the knowledge of these laws of admission, methods and means of investigating crimes.

Thing science of frinldilistic consists of two parts.

First partincludes three groups of patterns:

1) the laws of the mechanism of the crime;

2) the patterns of information about the crime and its participants;

3) the patterns of collecting, research, assessment and use of evidence.

Ko second Partthe objects of criminalistics include special funds and methods of trial of evidence and preventing crimes developed in forensic.

In contrast to the subject, object criminalistics science serve criminal activities and activities law enforcement On the disclosure and investigation of crimes that make up their various processes and relationships, properties and signs.

According to Art. 6 Code of Criminal Procedure of the Criminal Procedure Tasks are:

1) protection of the rights and legitimate interests of persons and organizations suffered from crimes;

2) Protection of the personality from the illegal and unreasonable accusation and condemnation, restrictions on its rights and freedoms.

Since the legal basis of science of criminalistics is criminal and criminal procedural legislation, their common task will be the task of criminalistics - assistance to their means and methods to deal with crime.

Criminalistic tasks are divided into general(for all sciences of the criminal crime cycle), which is named above and specialtasks.

Special crime objectives arise from its overall task. Special tasks include:

1) a further study of the objective patterns of the forensic forensic, the development of its general and private theories; receptions and recommendations on disclosure, investigation and judicial review and prevention of crime;

2) the development and improvement of the organizational, tactical and methodological foundations of the preliminary and judicial investigation, criminalistic expertise, studying the investigative and judicial practice;

3) the development of criminalistic means and methods of preventing crime;

4) Study of achievements of foreign criminologists and their use in solving specific tasks and scientific research.

In addition to common and private tasks, criminalistics at each stage solves specific temporary tasks.

2. Criminalistics system

Like any science, criminalistics is a single complex of interrelated sections and parts. The criminalistics system developed and improved throughout the history of its origin and development. This process continues to the present.

Currently, the framework of forensic science consisting of five parts is more justified.

1) introduction to science, or general theory of forensics;

2) criminalistic technique;

3) criminalistic tactics;

4) criminalistic technique (investigation and prevention technique separate species crimes;

5) criminalistic issues of organization and investigation of crimes.

This structure is also presented in most textbooks. Based on the foregoing, the following sections can be distinguished in the curricula of criminals:

1) introduction to forensic, or general theory of forensic- This is a system of its ideological principles, theoretical concepts, categories, concepts, methods, definitions reflecting the entire subject of forensic. It contains provisions on the subject of science, its tasks, structure, law of development and place in the system of scientific knowledge;

2) general Theory- is the methodological basis of criminalistics;

3) private theory- refers to one of the parties of the forensic forensic (to its part). As a result of the generalization of private theories, their common theory is created, and on the contrary, new private theories are out of general. An example of private theories may be the doctrine of forensic identification and diagnosis, the mechanism of consequence, the forensic characteristic of the crime, etc. due to the development of science, the number of private theories is constantly growing.

Forensic technique - this is a system of scientific provisions and developed on their basis technical means, techniques and techniques intended for collecting, researching and using evidence and the realization of other measures of disclosure, investigations and prevent crimes.

The forensic technique is divided into the following industries:

1) criminalistic photography, filming, video;

2) criminalistic trazology;

3) a criminalistic study of weapons and traces of its application (criminalistic weapons);

4) criminalistic habitoscopy (the basis for using signs of appearance for disclosure and investigation of crimes);

5) a criminalistic study of documents (criminalistic documentology);

6) Criminalistic study of micro-lectures and criminalistic odorology.

Organization of disclosure and investigation of crimes - This is an independent section of science of criminals, consisting of scientific provisions and recommendations on investigation planning, interaction of the investigator with operational and search apparatus and other internal affairs services, the use of public assistance and other activities of the investigator, which are mainly organizational in nature, i.e. providing maximum Efficiency of work on disclosure, investigation, preventing crimes in general, regardless of their type and group.

The following subsections or private criminalistic theories can be included in the organization of disclosure and investigation of crimes with a full basis:

1) forensic versions and investigation planning;

2) criminalistic registration;

3) the interaction of the investigator with criminal investigators, specialists - criminologists and employees of other ATS services;

4) search part of the investigator;

5) use of the population and media in the disclosure, investigation and prevention of crimes;

6) the study of the personality of the suspect, the accused, defendant;

7) the prophylactic work of law enforcement agencies;

8) the basics of applying a computer in the disclosure and investigation of crimes;

9) Foreign and pre-trial testing of materials containing signs of crime.

Criminalist tactic - This is a system of scientific provisions and based on them of recommendations on the most rational conduct of investigative and judicial actions, which are aimed at collecting and studying evidence in accordance with criminal procedure legislation. These are tactical techniques for interrogation, searches, inspections and other procedural actions.

Forensic tactics as a section of science of forensic science is divided into two parts:

1) General provisions of forensic tactics (sources of forensic tactics, its connection with other parts of criminalistics, the basic concepts of forensic tactics);

2) The second part is the tactics of individual investigative and judicial actions (interrogation, searches, presentation for identification).

Criminalistic technique - this is a system of scientific provisions and developed on their basis practical recommendations based on the study of the laws of criminal, judicial and investigative activitiesthat optimize the organization and implementation of the investigation of certain types of crimes (murders, robbery, rape, theft, etc.).

The forensic technique is a final part of the forensicism and at the same time affects the development of the general theory of criminalistics, other sections and, in particular, organically links technical means, methods for their use and tactical techniques for the production of investigative and judicial actions with the specific methods of investigating various criminal encroachments. .

So, the forensic technique reveals the mechanism for the formation of traces of hands, but it does not specify, on which objects they most often remain in the commission of intentional murders or theft.

Forensic tactics are developing the instruments of interrogation of victims, but does not answer the question of what the peculiarities of the victims of the victims are concluded, for example, about encroachments on the sexual inviolability of the individual, the personal property of citizens by fraud.

The generalization of such features is the task of the criminalistic methodology of the investigation. In other words, the subject of criminalistic technology and tactics serves as a general, and the forensic technique - a special characterization of work with sources of evidence in order to investigate specific types of crimes.

Lecture 2. Methodological foundations, methods of forensic and criminalistic activities

1. Methodology and methods for solving criminalistic tasks

In science, under the methodology, the system of receptions, methods and principles of the knowledge of the objects of research are understood. The method is a method of research, knowledge of objects of reality. Criminalistics uses the main provisions of dialectics on the ability of matter to reflect.

The classification of forensic methods is carried out on various reasons. According to the principle of generalitymethods are divided into fundamental, general and special. Fundamental method Used in all sciences without exception is a dialectical method. General methods - These are the methods used in various branches of science and spheres of practical activity. These methods include:

1) sensual-rational, in which they allocate:

a) Observation is the perception of an object or phenomenon carried out in order to study it. Such objects may be people, their actions, physical evidence at the crime scene, etc.;

b) a description that is indicated on the signs of any object. Such a description may have a strictly mounted form (for example, a description of the appearance according to the method of verbal portrait) or to be carried out in an arbitrary form;

c) comparison is a comparison of signs of two or several objects;

d) Experiment - recreation of phenomenon or events in order to study it. The most common type of experiment in the investigation of crimes is the investigative experiment;

e) modeling - replacement of the object its model, i.e., artificially created analogue. With such a model, the necessary actions and research are manufactured, and then the resulting conclusions are transferred to the original object;

2) logical methods to which the analysis includes, synthesis, deduction, induction, as well as analogy;

3) Mathematical - measurement, calculation.

Special methods criminalistics are divided into two groups:

1) methods used in other sciences - physical, chemical, biological, anthropological, anthropometric, sociological and number of others;

2) Methods developed directly by science of criminalistic - the method of criminalistic identification, methods of criminalistic techniques, methods of investigative planning, methods of dactylocopying, etc.

2. Criminalist identification and diagnostics

Identification it is a procedure for establishing the identity of the object by the set of its signs assigned to the display of the object. Identification is based on a number of scientific provisions, primarily in the position of the individuality of each object, according to which each object has a combination of signs inherent only to him. Objects also have the property of relative stability, i.e. the ability to maintain their properties for a fairly long time.

In the process of investigating a crime to the investigator, the task of establishing an object on the displayed track is often arises, for example, to establish a criminal in the footsteps of the fingers or shoes left at the scene. However, it should be borne in mind that the fact of establishing the identity does not mean the guilty of the suspect, but also proves any connection with the investigated event (the fact of identifying a person in the footsteps of the fingers of the hands in the apartment of the sacrifice only the fact that the person ever was in this apartment ).

Everything identification objects you can subdivide on the following grounds:

1) for role in the identification processthey are divided into:

a) identifiable - objects whose identity is established (people, premises, weapons, hacking guns, etc.);

b) identifying - objects with which identity is established (sleeves, traces of hands, legs, hacking guns, handwriting samples, etc.).

In the process of identification research, comparative samples are used - objects that are not directly related to the crime event and used when the comparison of the identifiable and identifying objects is difficult. This, for example, samples of handwriting, blood samples, sperm, experimental bullets, shot from the tested weapons, etc.;

2) for relevant to the investigated eventthey are divided into:

a) the desired - those objects that left traces;

b) checked - those that could leave traces;

3) according to the object of the studythey may be identifying humans, animals, items, areas of terrain.

Types and forms of identification. By the nature of the identifying object, identifying material and fixed mappings and to display signs in the memory of a person (by mental image).

By the nature of the identity installedidentification is group and individual. When group identification, an object belongs to a specific group. Such groups can be wide and narrow. For example, if, in the study of the corpse, it will be established that the extracted bullet was released from the TT system pistol, then the possibility of making kill with the use of weapons of another system should be excluded. In the process of individual identification, the identity of a specific object is established.

Form identificationit happens procedural and necrossal.

The procedural form is characteristic of preliminary investigation (presentation for identification, inspection, appointment and production of expertise). The necrossal form is inherent in operational investigative activities and is not regulated by criminal procedure law.

Forensic diagnostics - This is the establishment of the essence of the fact, the circumstances, the phenomena not related to the establishment of group affiliation or identification on the investigative case. The objectives of diagnostic studies are the definition of states and properties (for example, the state of affect, insaneness) of a particular object, the establishment of a causal connection between phenomena, the study of the circumstances of the event.

Stages of identification research.

1. At the preparatory stage, the question of the adequacy of materials received for the study, and their suitability for research is permitted.

2. Using the stage of separate research of objects, the maximum number of identification features is detected.

3. At the comparative study stage, such techniques are applied as comparison - placing objects in one field of view; Combining - Comparison of the display of the desired object in the trace of the object being checked; The overlay is a direct comparison of the previously interacting objects (as a rule, one of the objects with a transparent).

4. The stage of assessment and formulation of conclusions has its task to resolve the question of the presence or absence of identity. A positive issue of identity is solved in the case when it is established that the existing combination of signs is individual and unique, otherwise we can only talk about similarity.

At this stage, the expert formulates conclusions and gives answers to questions posed before him. The conclusions may be positive (this finger trail is left face, the dictator of which is presented for the study) and negative (this bullet is not shot from the pistol submitted by the expert), as well as categorical (the document is written by the face, the handwriting sample is presented) and likely (on weapons Blood was found, the group affiliation of which does not exclude its origin from the suspect).

3. Use of special knowledge in criminal proceedings

When investigating crimes, special knowledge is often required to successfully resolve the investigation problems. Under special knowledge it is customary to understand the knowledge acquired in the process of special education and professional experience. An example of such knowledge can be knowledge of signs of death, signs of a car malfunction, signs of shortage of any goods, etc.

Special knowledge is applied in criminal proceedings in two forms: procedural and necrossal.

The procedural form includes:

1) attracting specialists to participate in investigative actions;

2) appointment of expertise;

3) Production of inspections and revisions.

The necrossal form involves receiving certificates and consultations from knowledgeable persons. The choice of investigator of one or another form should be tactically justified. It is analyzed how important the fact is established for the case. If this fact refers to the circumstances of the subject of proof, in particular, it is important to verify versions extended, it is advisable to designate an examination.

The most common forms of applying special knowledge in criminal proceedings are the involvement of a specialist and the appointment of expertise.

A specialist and expert as participants in criminal proceedings have a number of similar features, but do not identify them, since there are significant differences between them. The specialist is a figure, procedurally dependent on the investigator, since by virtue of the direct indication of Art. 58 of the Code of Criminal Procedure, it is involved in conducting investigative actions to assist in finding, fixing and evaluating evidence. Expert is an independent personThe conclusion on your own behalf and is personal responsibility for him. In addition, the specialist does not constitute any written documents in the process of its actions. The expert is a written conclusion that has evidential importance. The expert is criminalized for the gift of a deliberately false conclusion, for a specialist is not provided for increasing accountability, except for the responsibility of the translator for the obviously false translation.

2. Criminalistics is a science on disclosure, investigation and prevention of crimes. Its main task is to be based on the study and generalization of advanced investigative experience, judicial and expert practices to develop techniques and methods for disclosing and prevent crimes.

The term "criminal" comes from the Latin word "Criminalis" - criminal (related to the crime).

For the first time, this term used Hans Gross in the XIX century. To determine the science on the disclosure of crimes. Under this science, he understood the preliminary investigation process.

As an independent branch of scientific knowledge, criminalistics from other sciences distinguishes its subject.

The subject of any science is the objective patterns of reality, which determine the occurrence, condition, development trends and changes in a specific group of phenomena, facts and relations.

The subject of criminalistics is a combination of objective patterns that include the patterns of information about the crime and its participants, as well as the collection, research, assessment and use of evidence.

The subject of criminalistics includes:

1) the laws of the mechanism of the crime.

Under the commission of the crime, it is necessary to understand the system of people interacting in a crime, material objects and processes, whose relationships are due to the preparation, committing and concealment of a crime.

The crime mechanism is a complex dynamic system that includes the following elements:

• the attitude of the subject of crime to their actions, their consequences and partners;
• object of criminal encroachment;
• method and means of committing a crime;
• place and time of the crime;
• criminal result;
• the forensic situation, i.e., the circumstances conducive to or preventing the commission of a crime;
• the behavior and action of persons who are random participants of the event;
• communication and relationships between actions (way of crime) and criminal result, between participants of the event, between actions and a situation, a subject of crime and the subject of encroachment, etc.;

2) the patterns of reflection in the environment and the consciousness of people of objects and facts relating to the event of a crime.

Elements of the crime mechanism, reflecting each other and the environment, form numerous traces of the crime event containing information about the incident.

The mechanism of the following is the process of reflection of criminal activities of a crime entity in the environment in the form of login information (traces), or as a process of reflection in the mind of the criminal, a victim or a witness;

3) the patterns of collecting (detection, fixation, seizure, preservation), research, assessment and use of evidence.

In order to use the information in order to establish truth, it must be found, assembled, in the manner prescribed by law, give it the power of evidence, to investigate, assess and use these evidence in the process of proof of the case;

4) the development of special funds, guidelines "to work with evidence, organizing and planning a preliminary investigation and judicial investigation, preventing crimes."

The objects should be distinguished by objects of forensics, i.e. facts, phenomena, processes that detect the actions of these patterns.

Objects include: criminal activities; Processes of testimony of witnesses suspected, accused; receiving testimony; activities to identify, disclosure and investigate crimes, etc.

Thus, it is possible to give the following definition of the concept of forensic.

Criminalistics is a science that studies the patterns of the crime mechanism, the emergence of information on the crime and its participants, collecting, research, assessing and using evidence and developing the means and methods of this activity on this basis.

Criminalistics, like other sciences, solves tasks using certain methods scientific research.

Methods of criminalistics are solutions. scientific tasks In the course of criminalistic studies of theoretical and applied nature.

According to its name, implementation procedures and some other features, forensic methods often coincide with the methods that are used in the practice of law enforcement bodies. However, the methods of science cannot be confused with methods of practice, it is impossible to replace the methods of practitiones of science methods and on the contrary, since one of others differ in the objectives and objectives, shape, subjects of application, circle and the nature of knowledgeable objects and conditions for obtaining knowledge about them.

The system of forensic methods is based on the provisions of dialectics on the ability of matter to reflect, on the relationship and interdependence of phenomena, on the relationship between singular and common.

Methods developed and used by criminalistics are very diverse and can be classified for many logical grounds.

Thus, the methods of criminalistics are divided into three groups.

1. Common. Methods that are used in many science and spheres of practical activity. However, depending on the object and conditions of the process of cognition, they are modified and acquire specific features, while maintaining their essence.

Total methods include:

1. sensually rational methods. They combine both sensual, and rational knowledge, since they are not only perceived as the sum of individual, isolated elements from each other, but as their totality systemitized in a certain way. Sensually rational methods include: observation, description, comparison, experiment method, etc.;
2. logical methods. They are characterized by abstract theoretical forms of material presentation. The study of objects, events, processes occurring in the surrounding reality, is carried out through the laws of logic. Methods such as analysis, synthesis, induction, deduction, hypothesis, analogy, synthesis;
3. mathematical methods. Methods such as measurement, calculation, geometric construction, modeling are distinguished.
4. cybernetic methods. They allow you to search and automatic processing of information, computer simulation.

2. Industry. These methods are used by the Group of Sciences, combined by virtue of the features of the subject of the subject in one industry.

They can be used without modification or be adapted to solve specific forensic tasks.

Among industry methods are distinguished:

1. physical, chemical and physico-chemical. Some methods, such as microscopy, luminescent analysis, diffuse-copier, etc., have long been used in criminalistics, and some began to be used only recently, for example, molecular spectroscopy, x-ray-structural analysis, chromatography, polarographic analysis, etc.;
2. biological. Thus, earlier, in the study in the traces, the fact of the presence of biological material (blood, saliva, sperm, etc.) was usually established and various group factors were revealed in them, now the methods of molecular genetics are being introduced into practice, allowing identification studies of biological origin objects;
3. anthropological and anthropometric. They are used in the development of a methodology for identifying the person who died through bone remains, in determining scientifically based criteria to assess the results of identification of people and corpses, in solving questions of the search and criminal registration;
4. sociological, for example, a survey about the circumstances of the case, etc.;
5. psychological, for example, learning and conducting analysis of records of diaries, or other written documents, etc.

3. Special. These methods are usually used by one science: for example, forensic.

The most common features of forensic methods are most common:

• technical and criminalistic. Methods that are used primarily in the field of forensic technology: criminalistic identification, Tsusology (obtaining experimental objects of comparison, characteristics of the relief of traces, research of processes of consection, etc.), ballistics, criminalistic study of documents, etc.
• structural criminalistic. These methods are used to accumulate the source information necessary to build a structure, determine the paths of its deployment and use in practical activity. In this case, the source of the source information is the norms of the criminal and criminal procedural law; Information about the methods of committing and concealing crimes, on signs of the application of these methods, on the directions of the practice of disclosure and investigation of crimes.

In recent years, the following methods have been most common: Logic-legal analysis, system structure structure, principles of integrity, systematicism, historicism, interviewing and surveying, hypothesis, observation, measurement, description, experiment, modeling, identification.

The criteria for assessing existing and newly emerging methods of criminalistic scientific research are:

• efficiency. The criterion is that the use of the method ensures the achievement of the target and the necessary accuracy of the study;
• safety. The criterion is that the use of the method of necessary technical means should not jeopardize the life and health of the researcher or other persons. Safety is one of the elements of such a criterion, as the admissibility of the method;
• admissibility. The criterion is that the admissibility of the method is not exhausted only by its safety. Since criminalistics deal with a social phenomenon - a crime, in the field of view of a criminalist, not only objects, but also people may be. Given this, methods of criminalistic scientific research should be remedied with ethical standards, from the point of view of which and should determine the admissibility of this or that method;
• efficiency. Evaluating one or another method of scientific research, it is necessary to take into account how its use is saved by the time, strength and means of the researcher;
• scientific. The criterion is that it is unacceptable to apply methods that do not have a scientific basis.

None of the applied scientific methods cannot be absolutely transformed into the only possible, universal. None of these methods taken isolated from others cannot lead to a success in a scientific study or in practical activity. Only a set of cognition methods can ensure the achievement of truth.

Criminalistics to solve their special tasks widely and creatively uses the achievements of various areas of scientific knowledge: philosophy, logic, chemistry, physics, mathematics, anthropology, etc.

Modern criminology has its developed general theory, relevant research methods, their research object and its tasks.

Criminalistic tasks are divided into common and special.

The overall task of forensic science is due to its social appointment and place in the system of legal sciences.

The overall objective of criminals is the scientific support of law enforcement agencies for the prevention, investigation and disclosure of crimes.

Criminalistics provides a rapid and complete disclosure of the crime and the solution of all the objectives of the prevention and investigation of crimes defined by the Criminal Procedure.

The solution of the general problem is carried out by implementing special tasks characteristic only for forensic and reflecting its specificity.

These tasks include:

1. development and identification of general patterns of disclosure and investigation of crimes;
2. development of new and improving existing technical and forensic means, tactical techniques and guidelines for the collection, research and use of evidence;
3. development and improvement of organizational, tactical and methodological foundations of preliminary and judicial investigation, organizational and methodological foundations of criminalistic examination;
4. studying experience of foreign criminalistics and practices to apply its recommendations.

The total and special tasks of the forensics are implemented through the solution of specific tasks that are temporary and is due to a specific stage in the investigation of the crime (for example, the creation of a new search device or the development of a methodology for investigating a new kind of crime, etc.).

A specific task can be solved not only on the basis of all forensics as a whole, but also one of its partitions or even one of the parts of this section.

In the formulation of specific tasks, the trends of the development of forensics are manifested. These trends, in turn, mean the form of implementing the laws of development of forensic science.

Criminalistics system

Each science as a single integer consists of a set of elements that are in relations are associated with each other, internal unity is imbued and form its system. Criminalistics is no exception.

The criminalistics system is a single complex allocated on certain bases and interconnected partitions.

The criminalistics system in accordance with modern ideas about the content of this science consists of four sections:

1. general theory of forensic (or theories and methodology of forensic);
2. the forensic technique (or methods of investigating certain types of crimes).

1. The overall theory of forensics is a section of criminalistics, which is its methodological basis and reflects a system of theoretical concepts, categories, methods, concepts and terms. The content of this theory reflects the modern level of knowledge of the object of forensic.

The first section of criminalistics can be divided into two parts:

1) General - contains ideas about the foregoing of forensic, its tasks, purposes, laws of development, principles and place in the system of scientific knowledge, the concept and content of its common theory. This part is an introduction to the general theory of forensics;

2) special - includes individual provisions reflecting the results of the knowledge of the objective patterns of reality, which make up the subject of criminalistics and are the basis for developing criminalistic funds, methods and recommendations on the use of the latter in the practice of combating crime.

These provisions can be conventionally indicate as:

• criminalistic doctrine of the laws of the mechanism of the crime;
• the emergence of information about the crime and its participants;
• collecting evidence, their research, assessment and use.

2. Forensic technique - This section of criminalistics is developing technical means and methods of collecting, fixing, research and use of evidence information about the material traces of crime.

The main task of forensic equipment is to detect, fixation, storage and study of information on the event in the investigative event contained in the relevant sources (subjects and traces).

The second section can be divided into two parts:

1) the general provisions of forensic equipment - reveal its concept, tasks, meaning and role in the development of specific methods of preventing crime; Determine the legal framework for the use of forensic techniques; give the overall characteristics of scientific and technical methods and funds used in forensic;

2) Separate branches of this field of criminalistics - distinguish such industries of forensic equipment as criminalistic photography, cinematography and video, Tsusology, odorology, criminalistic ballistics, etc.

3. Forensic tactics - This section of forensic deposits represents a system of scientific provisions and developed on their basis of recommendations on the organization and planning of investigation, preventing certain types of crimes, determining the behavior of persons engaged in judicial research, and techniques for conducting individual procedural (investigative and judicial) actions, aimed at collecting and researching evidence, to establish the causes and conditions that contributed to the commission and concealing crimes.

This section includes the doctrine of the criminalistic characteristic of crimes, features of preparation and conducting individual investigative actions.

4. Criminalistic Methodology - This section contains a system of scientific provisions and developed on their basis of recommendations on the organization and implementation of the investigation and preventing certain types of crimes.

The forensic methodology introduces a system of scientific provisions of forensic equipment and tactics into guidelines applied under the warning, investigation and disclosure of certain types of crimes, taking into account the characteristics of each of them. "... The success of the criminal case investigation almost always depends on the ability to methodically construct and conduct work, the ultimate goal of which is the disclosure of crimes."

In turn, arising before the forensic tactics and methods of the problem of changing their tasks, using data from such sciences such as logic, psychology, game theory, etc., contribute to the emergence of new or change of existing technical and forensic means, tactical techniques and recommendations.

The methodology develops the most effective scientific and methodological complexes of disclosure of different types of crimes in various investigative situations, as well as the relevant complexes of solving the remaining objectives of the investigation, ensuring the creation of the necessary prerequisites for the proper application of the criminal law.

Place of forensics in the system of legal sciences

Criminalistics is also associated with the science of criminal law. Without a definition, it should be understood under the crime, without identifying its causes and conditions, without determining the signs of crime compositions, stages of criminal activity, the complicity cannot be given to the criminalistic characteristic of the crime, develop investigative versions and methods of investigating certain types of criminal acts and so on.

• the principle of the conditionality of criminalistic research by the needs of law enforcement agencies leading the fight against unlawful, socially dangerous acts;
• links and continuity between previously existing concepts that exist and forensic consequences;
• active, focused, creative study by criminologists of achievements of other sciences of legal and non-revocative profiles, adapting them for the purposes of their science;
• study of the achievements and best practices of operational-search, expert, investigative, judicial practice and use in scientific research;
• use and accounting for criminalistic data on status, structure, dynamics, trends in the development of socially dangerous acts in the country and abroad, data on other social processes under study;
• use in the scientific developments of the provisions of laws and the other regulatory materialregulating the fight against crime and other negative phenomena, as well as data on the effectiveness of its use in practice.

Forensic identification

Scientific fundamentals of forensic identification:

a) the individuality (uniqueness) of objects and phenomena of the material world, i.e., the presence of such a set of signs that there is no other such object (when the object with the environment, some signs are acquired, and others are lost);
b) relative immutability (sustainability) of objects of the material world (in a period of time, these changes are insignificant);
c) the relationship, interdependence of the objects of the material world (for example, cuts inside the barrel of firearms and traces in the form of scratches on the pool).

Forensic identification is classified in many reasons and primarily by types of identifying objects and subjects of this activity.

According to objects, objects distinguish identification:

a) on material and fixed traces reflections;
b) samples;
c) data of criminal (criminalistic) registration;
d) mental (perfect, commemorative) trails.

Subjects of identification are persons decisive

identification tasks: expert, investigator, judge, specialist, any other participant in the process.

Identification can be carried out in two forms: procedural and necrossal.

In procedural form, the identification is carried out in the form of an examination or during the investigative action (presentation for identification, inspection, searches). The results of identification reflected in the conclusion of the expert or in the presentation protocol for identification acquire the importance of evidence.

Necrossal form includes identification carried out at operational purposes. On the task of an operational employee, an employee of the Expert Forest Department conducts an identification study of the objects obtained by the operational way, and is a certificate of research. This certificate is not equivalent to the conclusion of the expert. It is not proof of the case and can only be used for operational purposes.

The identification carried out by the investigator independently or jointly with a specialist in the order of preliminary, additional research by the investigator is independently or jointly with a specialist. The results of this study are not recorded anywhere, do not have evidentiary importance and are used as orienting to build investigative versions, to appoint examination during other investigative actions (interrogation, searches).

Forensic diagnostics

In criminalistic studies, diagnostics usually precede identification. For example, in the footsteps of the legs, even before they identify the shoes, judge the direction of the human movement, the approximate speed of movement, the fact of dragging weights, movement in the dark, etc.

Criminalistic diagnostics is a process of study in order to identify signs of properties and state of objects, deciphering the dynamics of the event, the concepts of the causes of phenomena and processes related to the circumstances of the Investigated Crime.

Scientific basis of criminalistic diagnostics:

• the ability to know the event in its display;
• the pattern of occurrence of criminalistic information;
• data of science of criminals about typical models of reflection of the crime mechanism (personal properties, object properties, object interaction);
• methods and methods of criminalistic diagnostics.

The subject of criminalistic diagnostics is the cognition of changes occurring as a result of the commission of the crime, the reasons and conditions of these changes, on the basis of elective study of the properties and state of interacting facilities in order to determine the mechanism of the criminal event in general or individual fragments.

Crime diagnostic facilities:

a) diagnosed (desired) (for example, condition);
b) diagnostic (checked) (for example, signs reflecting the state).

Diagnostic research can be carried out:

a) with the direct study of the object;
b) study of the mappings of the object;
c) analysis of the situation as a whole (integrative diagnostics).

Objectives of forensic diagnostic research:

• determining the properties and state of the object, its conformity (inconsistencies) of the specified characteristics: for example, from which metal is made of a ring; Lee is a castle;
• establishing the fact and reasons for changing the initial state of the object or its inconsistency of the specified characteristics (for the study of the circumstances of the action): for example, which part of the barrier is produced; Documents were subjected to partial changes;
• analysis of the criminal situation: the circumstances of the place, time, the mechanism of interaction between subjects, objects, causal relationships, the mechanism of the criminal event: for example, the establishment of a mechanism for the emergence and development of a fire, causal relationship between short circuit and the emergence of fire.

The aim of criminalistics is complete and timely technical and forensic support and support of the disclosure and investigation of crimes.

This goal is implemented on the basis of comprehensive use of achievements. modern science and technology. Criminalistics ensures the activities of the bodies of the inquiry, preliminary investigation, the court and accompanies the process of criminalistic examination by scientifically thoughtful means, adoptions and methods of combating crime.

Based on this, the following individual crime objectives can be distinguished:

1. The identification and study of objective patterns and phenomena in the practice of committing crimes and activities to investigate them.
2. Development and improvement of methods and means of practical activities to disclose, investigate and prevent crime.
3. Development of organizational, tactical and methodological foundations of the preliminary investigation.
4. Development of criminalistic funds and methods of combating crime.

Functions of criminalistics

1. methodological - ensures the correct understanding of the subject and maintenance of forensic science, its role in the process of knowledge and practical activity; allows you to establish the faithful ratio of science and practice;
2. explanatory - lies in the disclosure of the essence of the subject of knowledge, its parties and elements, that is, in the scientific reflection of the subject of criminalistic science;
3. synthesizing - the reflection of the general processes for the integration of scientific knowledge - consists in ordering the accumulated empirical material by its synthesis, detecting the internal unity of the information obtained (systematization and generalization of this material as a synthesis background);
4. predictive - the basis for the theory of criminalistic forecasting, one of the forms of the practical application of data from criminalistic science in the practice of combating crime.
5. international exchange of experience in the disclosure of crimes.

Criminalistics system

Scientists traditionally allocate five components of criminalistics: general theory, forensic techniques, criminalistic issues of the organization of disclosure and investigation of crimes (new section), forensic tactics and a criminalistic technique.

General Theory of Criminalistics

The general theory of criminals is the system of its ideological principles, theoretical concepts, categories, concepts, methods, definitions, and terms, reflecting the whole subject of criminalistics in their totality. The general theory is the methodological basis of forensic. The general theory includes the scientific apparatus of criminalistics, the systematics of criminals and private theories (teachings).

The language of science is the basic definitions and categories that determine the terminological apparatus of criminalistics, including the system of the most important concepts - forensic categories. Systematics includes the principles of organizing accumulated knowledge and the adopted classifications of various criminalistic objectives (for example, traces, types of handwriting, tactical techniques, investigative situations)

Under private theories, scientific provisions are understood regarding one of the parties to the forensic forensic and the basis for the development of specific funds and methodologies of the investigation of crimes. As a result, the generalization of private theories is created by the overall theory, and on the contrary, new private theories are derived from the general theory. Examples of private criminalistic theories are the teachings on criminalistic identification and diagnosis, the mechanism of consequence, the method of crime, forensic characteristics, versions and planning of the investigation, etc., as well as the doctrine on methods of criminalistic scientific research and their relationship with practical methods. This list is constantly updated, since the development of science leads to new private theories.

Forensic technique

Criminalist equipment

Forensic technique - a section of criminalistics, which is a system of scientific provisions and funds based on them and methods intended for collecting and researching evidence in the process of proceedings in criminal (as well as civil) cases, other measures of disclosure and prevention of crimes. Some authors (for example, M. S. Stirovich) are reduced to forensic techniques.

The forensic technique unites various ways to apply natural science and technical knowledge during the investigation of crimes. For example, for a criminalistic study of documents, the detection of invisible human eye substances on clothing The object under study may be studied in infrared or ultraviolet rays. To obtain data on the composition and structure of the object, the distribution of elements on its surface is used by a spectral luminescent analysis. Common method of criminalistic study of liquids and gases is chromatography.

An independent branch of criminalistic technology is a criminalistic photo - a set of methods for using photography for the purposes of forensic. Methods of forensic photography in the very general Can be classified to capturing and exploring. The first pursue the purpose of fixing visible evidence: for example, a photo of a crime scene. The second methods include photographing using special techniques, such as invisible rays or contrasting photography. The same goals serves a forensic video.

Crime tactics has its own system in which two parts are distinguished: the general provisions of the forensic tactics and the tactics of individual procedural actions. The general provisions of forensic tactics include the definition of the subject, tasks, the system of criminalistic tactics and its sources, communication with other sections of criminalistics and other sciences, entities and types of tactical techniques, tactical combinations. Tactics of individual procedural actions include a system of tactical techniques aimed at ensuring the optimal activities of the subjects of investigating and judicial consideration of criminal cases to obtain proof information in typical situations of the organization and production of individual procedural (primarily investigative and judicial) actions. Currently, criminologists have developed a tactical basis for the production of such procedural action as inspection, investigative experiment, searches, recess, interrogation, full-time, presentation for identification, testing testimony, control and negotiation record, detention of the suspect, the appointment of forensic examination.

Criminalistic technique

The fourth section of forensic studies studies the patterns of study of the crime event in relation to specific types of crimes. This section consists of two subsections: a common part and a special part, consisting of a methodology for investigating specific types of crimes (methods of investigating the killings, the investigation methodology, the method of investigating bribery and so on). The methodology for investigating certain types of crimes is considered issues: the criminalistic characteristics of the crime, the typology of investigators, typology of versions, features of individual investigative actions and operational-search activities during the investigation of the crimes of one category or other category, eliminating the conditions that contributed to committing a crime.

The main criterion for the classification of private criminalistic techniques - on the criminal law, which allocates certain types of crimes. According to this criterion, methods of investigating specific species and groups (crimes against personality, crime against property, etc.) of crimes are allocated. In addition, methods of investigating various types of crimes combined by any common or essential feature may be allocated. For example, due to the features of the personality of the accused (suspected), methods of investigation of crimes committed by minor or organized criminal communities are separately developed.

History of criminalistics

Number

Although the moment of birth of forensics as science is considered the end of the 19th century, examples of investigation of crimes using the scientific knowledge existing at that time (primarily medical) are known from the times of antiquity. On the ways to determine which wound on the body is fatal, wrote a hippocrate. After the murder of Caesar, his body examined the doctor who established that only one was dead from twenty-three wounds. In the XIII century in the University of Bologna, forensic medicine was officially recognized as a specialty. In the XVI century, he received fame as a forensic medicine specialist, a French surgeon Ambruz Pare.

During the industrial revolution, discoveries were committed, which allowed to achieve significant progress in the investigation of crimes. Johann Ritter in 1804 discovered ultraviolet rays. Since the end of the XIX century, studies have been conducted that led to the creation of a spectrophotometer. A number of discoveries belong to the German chemist Robert Bunzen, who has developed ways to determine the chemical composition of substances and separate the components of the mixtures from each other. In the 1880s, the French police officer Alphonse Britilon came up with the anthropological method of registration of criminals, based on measuring the human body of 11 parameters (it became known as "bertillion"). The breakthrough was the discovery of Dactyloscopy. Since 1858, the colonial employee William Herschel forced the Hindus to certify his signature fingerprint, noting that each Hindu imprint is individual. In 1880, the similar effect described in the article in Nature Scottish physician Henry Fulds. After a few years, Francis Galton and Juan Vuchetich offered a fingerprint classification, and thanks to the latter in 1891, the registration of fingerprints was introduced in the Baenos Aires police. In the early years of the 20th century, Dactyloscopy as the method of registration of criminals was introduced at the UK police stations, Russia and other countries and displaced Berrilonzh. In 1889, Evgeny Burinsky created the first forensic photographic laboratory in St. Petersburg, he effectively used a court photo to study the documents.

The history of the development of forensic in Russia

Period until October Revolution (first half of the XIX century - 1917)

The pre-revolutionary period of the development of criminals in Russia was a period when criminalistic knowledge was not systematized, as a whole, research in the field of criminalistics was reduced to attempts to provide recommendations for effective judicial investigation. In particular, "the basis of criminal proceedings with the application of the" Rules and forms on the production of consequences compiled by the Russian Criminal Procedure ", E. Kolokolov (1850), and others, were published," Rules and forms on the production of consequences, and others. Serious influence on the development of pre-revolutionary criminals The book of the Austrian scientist and the practice of Hans Gross "Guidelines for judicial investigators" (the third edition - "Guide for judicial investigators as a criminalistics system"). The work of Gross includes a common and special part. In general, questions are considered about the judicial investigator, its tasks, rules of behavior, interrogation, on the production of inspection, about what actions should be taken when preparing for the exit to the scene. This includes recommendations on auxiliary to the judicial investigator tools (knowledgeable persons, daily printing), about the necessary knowledge (as criminals can change the appearance, simulating diseases, about their secret signs, thieves, jargon ...), some artificial techniques that the investigator can benefit "When working with traces, at the scene, when reading encrypted letters." A separate section is dedicated to some crimes in particular (television-name damage, theft, fraud, arson, accidents on railways, factories, etc.). When writing his work, Gross often applied to examples from real practicing, as a result of which the "manual ..." became simple, understandable and easily readable. This work was so popular among criminologists, which is still reprinted with some additions caused by the current state of forensic science. Hansa Gross himself is sometimes called the "Creator of Criminalistics".

Translated into Russian and works of other authors, "Scientific technique of investigation of crimes" A. Reis (1912) and "Criminal tactics. Guide to the investigation of crimes "Waingart (1912). In general, criminalistics in the Russian Empire developed weakly, criminalistic knowledge was fragmented, most of them were borrowed from foreign studies. It is possible to call the mentioned work of the Burinsky and brochure B. L. Brazol "Essays on the investigative part. History. Practice "(1916).

Period of formation of new science (1917-1941)

The first years of Soviet power, NEP, 30s this time was a period of formation of new science - domestic forensic. At this time, criminology has become an opportunity to develop, serve as a weapon in the fight against crime. Already at the beginning of the 20s such significant works were created according to C. as "criminalistics. Guidance on criminal appliances and tactics "I. N. Yakimova (1925, reprinted in 2003)," Methods of investigation of crimes. Guide for police and criminal investigation authorities "V. I. Gromova (1929); "Criminalistics. Investigation of certain types of crimes "S. A. Golunsky, B. M. Shaleba. The first domestic textbook for universities criminalistics under the edit is published. A. Ya. Vyshinsky (KN.1 "Technique and Tactics of Investigation of Crimes" (1935); KN.2 "Methods of investigating certain types of crimes" (1936)). Translated literature is published, for example, "Crime Guide" E. Locar (1941). This period of the domestic k. The activities of such major scientists were noted as I. N. Yakimov, V. I. Gromov, S. M. Potapov, P. I. Tarasov-Rodionov, L. R. Sheinin. During this period, a two-member system of science (division into a common and special part) triumph in domestic forensicism.

Post-war period (1945-1960)

After the Great Patriotic War, Soviet criminalistics, despite the destruction of post-war years, was marked by the emergence of a number of new textbooks containing both practical recommendations and theoretical provisions, among them: 2nd, 3rd and 4th edition of the textbook "Crimestilding" B. M. Shaver and A. I. Winberig for medium law schools; The textbook "Criminalistics" in 2 parts (1st part under the ed. A.I Winberg and S. P. Mitrichiev (1950); 2nd part of the ed. S. P. Mitricheva and P. I. Tarasova Rodionova (1952)); The textbook "Criminalistics" for universities ed. Golunsky (1959). In addition, a number of reference manuals are created, including: the "desktop book of the investigator" under total. ed. G. N. Safonova (1949); Translated literature is published, for example, the "disclosure of crimes" A. Svenson, O. Ventel (1957). During this period, three membered criminalistics system is drawn up, private criminalistic theories are formed. Objective prerequisites are created to highlight the fourth element of the system of domestic forensic.

The period of consistent construction of socialist forensics (1960-1990)

During this period, the fourth section of criminals is created - "General Theory of Criminalistics" The active development of general problems of criminalistics leads to the streamlining of the structure of domestic forensics, the attachment of the systemity by criminalistic knowledge. Created a number of works devoted to common problems The theories of forensic and theoretical problems of its separate sections.

The current period of development of Russian forensics (1991 - at the present time)

Currently, in the field of forensic equipment, on the basis of widespread use of natural and technical sciences, the processes of differentiation and specialization of research tools are actively flowing, which is expressed in the creation of new equipment and tools adapted to solve problems of all kinds and types of criminalistic Examination, and inside species - for research some categories objects. The orbit of judicial research includes new objects, the proof properties of which were previously unavailable for investigators and the court.

Criminalistic tactics is currently experiencing a new stage of lifting and development caused by the need to further improve the methods of investigation. There was a need for theoretical substantiation of some tactical recommendations, the formation of tactical combinations and tactical operations, scientific, legal and moral foundations of investigative tactics are developed, are waiting for their solution to the problem of judicial consequences.

The current method of investigation of crimes is developing and enriched through the study of the forensic features of various types of criminal activities, ways to commit crimes, forming typical models of criminal activity, typical investigative situations and typical versions, summarizing the experience of investigating specific types of crimes. The scientific foundations of this section of criminalistics are actively emerging, methods of investigating crimes committed by organized groups and communities are being developed.

The history of the development of forensic countries in foreign countries

Separate recommendations for the conduct of the investigation appear in foreign countries, as in Russia, early XIX. century. A distinctive feature of foreign criminals was the development of predominantly of its part, which in domestic criminalistics is called criminalistic technique. General theoretical problems in foreign criminalistics are practically not developed.

see also

Notes

Literature

Literature to the whole article

• William J. Tilstone, Kathleen A. Savage, Leigh A. Clark . - ABC-Clio, 2006. - P. 3. - 307 p. - ISBN 9781576071946.
• Averyanova T.V., Belkin, R. S., Korukhov Yu. G., Russian E. R. Criminalistics. - m.: Norm - Infra-M, 2000. - 990 s. - ISBN 5-89123-302-9
• Course of forensic. In 3 tons / ed. O. N. Korshunova and A. A. Stepanova. - St. Petersburg: Publishing House "Legal Center Press", 2004.
• Belkin R. S. Criminalistic Encyclopedia. M., 2001.
• Belkin R. S. Course of Criminalistics. In 3 tons. - M.: Lawyer, 1997.
• Ivanov A. N., Lapin E. S. Criminalistics. Basic provisions: study.-reference. Location - 2nd ed. Pererab. and add. - Saratov: Publishing House "Scientific Book", 2006. ISBN 5-93888-788-7
• Criminalistics: Tutorial / Ed. A. G. Filippova. - 3rd ed., Pererab. and add. - M.: Spark, 2005.
• Criminalistics: Tutorial / T. ed. N. P. Appleov. - 2nd ed., Pererab. and add. - M.: Lawyer, 2001.
• Criminalistics. The team of authors, edited by Dr. Legal Sciences, Professor N. P. Yablokova. Publishing House "Lawyer", Moscow, 2005. Edition third, recycled and supplemented. ISBN 5-7975-0728-5
• Ishchenko E. P., Toporkov A. A. Criminalistics: Tutorial. Ed. 2nd, copy. and add. / Ed. E. P. Ishchenko. M., Infra-M, 2005.
• Rossinskaya E. R. Criminalistics: course of lectures. - M.: Norm, 2006.

Literature on the history of forensic

• Belkin R. S., Vinberg A. I. History of Soviet Criminalistics. M., 1982.
• Belkin R. S. History of domestic forensic. M., 1999.
• Winberg A. I. Black Dossier of Expert Falsifier. - M.: Jurid. lit., 1990.
• Krylov I. F. were the legends of forensic. - L.: Publishing house LHA, 1987.
• Krylov I. F. in the world of forensic. - 2nd scientific. ed., Pererab. and add. - L.: Publishing house LHA, 1989.
• Krylov I. F. Essays of the history of forensic and criminalistic examination. - L.: Publishing house LSU, 1975.

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Modern approaches to the definition of the object of forensic

annotation

The influence of modern methodological approaches to determine the content of the forensic forensic, which is due to changes in the norms and ideals of modern scientific research, as well as the requirements of the pragmatic approach to foreigners are considered.

INFLUENCE OF THE MODERN METHODOLOGICAL GOING IS EXAMINED NEAR OF CRIMINALISTICS, Which Are Conditioned The Changes of Norms of Norms of Modern Scientific Research and Also Requirements of the Pagmatic Going Near Criminalistics.

Keywords: criminalistics subject, patterns of criminals, methodological approaches, theoretical and practical forensic knowledge.

toy Words: Article of Criminalistics, Conformities to Law of Criminalistics, And Practical Criminalistics Knowledges.

methodological Approaches, Theoretical

riminalistics, like any other scientific discipline, is a phenomenon of a specific historical, a number of qualitative stages passing in its development, and its establishment of the dwelling historical process of toaling and practical testing of ideas, theories, teachings and methods1. At the same time, innovations and traditions act as two opposite dialectically related parties to the unified development of science.

The most discussion issues in criminalistics still belong to the definition of its subject. The success of the scientific study of an extensive complex of issues of theoretical and applied nature of the scientific study is largely depends on the solution of the problems of science, its nature and place among other, related sciences; construction of a clear criminalistics system, created and developing common and private criminalistic theories, reasonable forecasting of their prospects for

development and the like.

The ideas about the subject of domestic forensic crime remained unchanged for more than a century of its history. H.N. Behruz noted that "the subject of any science, like science itself, is quite dynamic, and, depending on the realities of the stages of the development of social relations, the configuration of issues included in this or that science is changing. If some questions seem relevant at one time, then at other times there are other issues, other problems as new aspects that complement the subject of one or another science "3.

In the period of the formation of forensics, its researchers stood on a purely pragmatic positions, noting that criminalistics developing technical, tactical and methodological techniques and methods of investigating crimes based on the generalization of the investigative practices and the use of data from natural and technical sciences. The idea of \u200b\u200bB.M. Shavera

1 See: Koldin V.Ya. Criminalistics: Theoretical Science or Applied Methodology? // Bulletin of Moscow University. Series 11. Right. 2000. No. 4. P. 9.

2 See: Chelyrava O.V. The gnoseological foundations of domestic forensic (theoretical and applied study). Author your author. ... Dr. Jeride. science St. Petersburg., 2003. P. 4.

3 Behruz Horn Comparative law state as an independent legal science and educational discipline // Journal of foreign legislation and comparative legal entity. Release of the second (No. 9). 2007. P. 38.

(1938) on the displacement of the accent in the wording of the object of criminals from the fact that it develops that the specified science studies, did not receive further development in those years and was not introduced into the conceptual apparatus of criminalistics1. Therefore, in the 50s. The last century of forensic focus was spoken mainly as a science on technical means, tactical techniques and methodological recommendations related to the collection and research of evidence to investigate and prevent crimes.

The model dominant among criminologists, the image of the forensic forensic in that period was largely based on empirism, according to which scientific knowledge begins with the fixation of empirical data on the subject of research, inductive generalization of the investigative experience and the use of these sciences in order to combat crime.

However, in 1967 R.S. Belkin and Yu.I. Kras-Nobayev2 It was proposed to be a fundamentally new definition of criminals as science on the laws of the occurrence of judicial evidence and the laws of their detection, research, assessment and use. These authors relied on the provisions of the science of that time that the subject of criminalistics, as well as any other science, should indicate the specific patterns inherent in these science, whereas the means, techniques and methods of working with evidence are the result of the manifestation of the laws studied by criminalism3. As a result, the traditional approach to the determination of the content of forensic criminalistics was changed in forensic. The forensic science began to be considered as "science on the patterns of the emergence, collecting, research, assessment and use of evidence and based on the knowledge of these patterns, funds and methods of judicial research and preventing crimes" 4. Thus, in criminal

two relatively independent elements of the object of refinery were released: 1) the patterns of objective reality studied by criminalistics; 2) forensic means and methods of judicial research and preventing crimes5.

N.P. Apples pointed out that the main idea of \u200b\u200bdetermining R.S. Belkin was reduced to the fact that criminalistics is a science studying specific patterns and on this basis developing methods, techniques and means of investigating crimes6. A.A. Exarypulo emphasized that the main thing in the ideas about the foregoing of the criminalistics R.S. Belkin (and others based on it) lies in the fact that they are reflected not empirically perceived, but naturally occurring processes, i.e. Specific patterns of functioning of objects studied by criminalistics7. Thus, it was noted that it was the patterns that were the basis for the development of criminalistic recommendations addressed to practice. Thus, part of the researchers consisted of the opinion that the outcome of the objectivity of the foresight of the forefronts is the patterns of its subject, and not criminalistic recommendations (methods, techniques, funds). Thus, the active development of theoretical problems of criminalistics, which caused a certain waste of criminalistic studies from purely pragmatic purposes was justified.

However, not all scholars-criminalists belonged patterns to the subject of forensic. So, A.N. Vasilyev believed that the definition of R.S. Belkin does not reveal the nature of criminalistics based on the creative use of natural and technical sciences; Does not mention the specific appointment of forensic. A.I. Winberg, recognizing that some of the laws of objective reality are the subject of criminalistics, objected to their mention in determining the object of criminalistic science8. V.Ya. Coldin justified

1 See: Approok N.P. Object and subject of criminalistic study \\\\ Vestnik Moscow University. Series 11. Right. 1997. No. 1. P. 20-21.

2 See: Belkin R.S., Krasnobayev Yu.I. About the subject of Soviet forensics // Laws. 1967. № 4. P. 94.

3 See: Approok N.P. Decree. cit. 1997. No. 1. P. 21.

4 Criminalistics: Tutorial for legal universities / ed. R.S. Belkin and G.G. Zuykova. M.: Jur.Lit, 1968. P. 9.

5 See: Belkin R.S. Course of criminalistics in 3 tt. T. 1: General theory of forensic. M.: Lawyer, 1997. - p.115.

6 See: Approok N.P. Decree. cit. 1997. No. 1. P. 22.

7 See: Esarhopulo A.A. The subject and the criminalistics system: development problems at the turn of the XX-XXI centuries. St. Petersburg: Publishing House SPbSU, 2004. P. 18.

8 See: Vinberg A.I. O some theoretical problems Criminalistics // Leninsky principle of the inevitability of punishment and the task of Soviet forensic: materials of the scientific conference. Sverdlovsk, September 1979 Sverdlovsk, 1979. P. 10.

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criticized the theoretical model of domestic forensic, in which, unlike the purely pragmatic European models, successfully serving the work on the disclosure, the investigation of crimes, the most intensive development was obtained by attributes of science and fundamental science1.

In recent years, an increasing number of criminal scientists also marks the urgent need to revise traditional ideas about forensic and its subject (A.M. Larin, V.Yu. Sheypko, N.I. Vetovtova et al.).

It is easy to notice that the traditional definition of forensic forensics is not able to solve all the problems that faces this science on modern stage. In particular, it reflects not all the content of the subject of science of criminals, and mainly its essence, i.e. Certain patterns. Thus, it remains an open question about other elements of its content. In addition, it is still clearly clearly defined, how determined (allocated) the exhaustive circle of those patterns that are included in the subject of criminalistics, and represents the study of the laws of criminalistics the result of knowledge of its subject. The problem of ensuring real use in practice developed by criminalistic arsenal of anti-crime tools developed by criminalistics of the arsenal of crime struggle, implementation of research results into practice; Study of the mechanism for the integration of achievements of other sciences in criminalistics2, etc.

At the same time, according to V.N. Karagodin, in many discussions of criminologists, the logic of reasoning is increasingly inferior to the imperative statements, attempts to bring different opinions3, which is significantly

gets the search for truth, the choice of new research directions. The subject of criminalistics, as well as any other science, has a subjective nature, as it is a product of the activity of the cumulative subject of knowledge4. Therefore, dialogue and scientific consensus are the necessary conditions for achieving truth5.

In recent years has happened in domestic science Shift in changing the norms and ideals of a modern scientific study could not not affect the change in ideas about the foregoing of forensics. First of all, we are talking about spreading in criminalistics (as in any other sphere of scientific knowledge) the idea of \u200b\u200bthe inevitability of pluralism of truths. Since any event, phenomenon, any item has many sides, faces, aspects, accordingly, in knowledge, we can approach the subject of research by taking it in a particular aspect6. Any object of interest allows many different approaches, and different approaches correspond not only to different schemes of research and "logic", but also judgments about the "basics" also acquire multiple character. The choice of the subject of a particular aspect of the objective object is not absolutely inclusive: it is dictated by the conditions of its being as a particular social being8.

Acrossments are changing in researching the issue of scientific truth. So, V.G. Fedotova speaks about this as follows: "Contrary to classical epistemology, truth, currently, can be interpreted not as reproduction (cast) of the object in knowledge, but as a characteristic of the method of activity with it. Since such methods may be much, the pluralism of truth may be possible and, therefore, a monopoly on truth is excluded "9. F.V. Lazarev

1 See: Koldin V.Ya. Decree. cit. P. 3-19.

2 See: Volynsky A.F. Criminalistics: Science - Technique - Right - Specialist // Problems of Criminalistics and Methods of Her Teaching (Abstracts of Speeches of Participants of the Seminar Meeting Teachers of Criminalistics, Perm, June 14-15, 1994). M.: Yui Ministry of Internal Affairs of the Russian Federation, 1994. P. 10; Marcaryan A.A. Integration of achievements of natural and technical sciences in forensic: monograph. Izhevsk: UDGU, 1996. P. 8, 20, etc.

3 See: Karagodin V.N. The main features of the Ural Forensic School // Ural School of Criminalistics: the formation, current state and development prospects: Materials of the International Scientific and Practical Conference dedicated to the 50th anniversary of the Department of Criminalistics of Urgua (Ekaterinburg, February 1-2, 2007). Ekaterinburg: Ural State Law Academy, 2006. P. 25.

4 See: Chelyrava O.V. The gnoseological foundations of domestic forensic (theoretical and applied study). Dis. ... Dr. jurid science St. Petersburg., 2003. S. 201.

5 See: Lazarev F.V., Lebedev S.A. The problem of truth in socio-humanitarian science: Interval approach // Questions of philosophy. 2005. No. 10. P. 108.

6 See: ibid. P. 108 (P. 95-115).

7 See: Rats M.V. On the question of fundamental and applied in science and education. // Questions of philosophy. 1996. No. 9. p.171.

8 See: Lazarev F.V., Lebedev S.A. Decree. cit. P. 108.

9 See: Fedotova V.G. Classical and non-classical in social knowledge // Social Sciences and modernity. 1992. No. 4. P. 50.

and S.A. Lebedev agreed with the fact that "with an increase in the instrumental array of knowledge in modern science, it is equally impossible to deny and the presence of both in the sciences of nature and in the sciences of society and a person of the well-known manifold (pluralism) of concepts regarding the same subject knowledge. For modern science, it became rather norm than the exception "1. At the same time, it is not about the "boundless" pluralism of truths, but about a limited diversity of competing concepts.

In this regard, the opinion of V.A. is of particular interest. Zhuravel that the diversity of opinions on the subject of criminals is determined by the wealth of the content of the research subject, which includes different conceptual approaches, to the number of which includes:

pragmatic concept of forensic forensics as the science of receptions and ways of disclosure, investigations and prevention of crime;

theoretical-proof concept as a reflection of the methodological foundations of the patterns of consequences used in the investigation;

information and cognitive concept as a study and use of laws of information in the field of disclosure and investigation of crimes;

traditional concept as an expression of technological sides of search and cognitive activity2.

The so-called innovative concept of criminalistics, considering science criminalistics as part of innovation, which unites all processes from the creation of a criminalistic innovation (new reception, method, means) to its implementation and widespread use of criminalistic innovation in a single cycle, can be added to the indicated conceptual approaches.

Another fundamental shift is that science is finally turning into

a combination of advanced technologies that allow research aimed at solving topical tasks. E.V. Balatsky rightly notes that "today the world rejects" passive ", abstract knowledge, and more and more requires technological knowledge and specific skills that can be used for further creative activities4.

There is a change in the status of knowledge: the old ideal - the service of knowledge for the sake of truth - loses its significance that the utilitarian-pragmatic approach is becoming determining.

A number of criminal scientists rightly indicates that today's criminology is far from successful solving the tasks of creating funds and methods of combating crime, adequate to its modern nature and the complicated conditions for the activities of law enforcement agencies, which many of its recommendations are lagging behind the needs of practice6.

It is important to realize that the knowledge of the criminalistic patterns of its subject and gaining knowledge, adequate reality, is, although the most important goal of the cognitive process, but not the only one. Theoretical knowledge reflecting the patterns of forensic forensics should be considered not as a basis, but as a means that ensures further solutions of applied practices. Researchers should exit the deadlock of the contemplative approach to the forensicism, withdrawing it on the path of a tough pragmatic orientation, which manifests itself in the finalization of criminalistics to be the source of effective changes in the practice of disclosure and investigation of crimes.

It should be accepted with the opinion of V.Ya. Cali is that cripylastic patterns separated from problems are free and is unpromising, can only lead to relaying of general scientific provisions, but not to the development of criminalistic techniques and technologies7.

Thus, the knowledge of the laws of

1 Lazarev F.V., Lebedev S.A. The problem of truth in socio-humanitarian science: interval approach. P. 95-96.

2 See: Zhuravel V.A. Problems of Theormiy Thus The Methodology for Criminally Forecuting. Kharyiv, 1999. P. 29-30.

3 See: Balatsky E.V. Science and technology: new model of relationship // Scientific studies. 2008: Sat. Scientific Tr. / RAS UNION. Center Scientific Inform. Research on science, education and technologies; Ot. ed. Rakitov A.I. M., 2008. P. 132.

4 See: Balatsky E.V. Science and technology: a new model of relationships. Pp. 149.

5 See: Kondratyev V.M., Matronina L.F. Management of education quality (methodological aspect) // Scientific research. 2008: Sat. Scientific Tr. / RAS UNION. Center Scientific Inform. Research on science, education and technologies; Ot. ed. Rakitov A.I. M., 2008. P. 260.

6 See, for example: Bahin V.P. Criminalistic characteristic of crimes as an investigation element // Messenger of criminalistics / d. ed. A.G. Philippov. Vol. 1. M.: Spark, 2000. P. 16; Belkin R.S. Criminalistics: Problems of today. M., 2001; Bahin V.P., Karpov N.S. Modern problems of forensic preparation // Bulletin of criminalistics / d. ed. A.G. Philippov. Vol. 2 (6). M.: Spark, 2003. p.19; and etc.

7 See: Koldin V.Ya. Decree. cit. P. 18-19.

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minalistics cannot be considered as a final result of criminalistic studies, but only as a means that solving the problems of practices arising as a method that ensures the scientific development of an effective forensic arsenal in the absence of previously known means of solving practical forensic tasks. Accordingly, the forensic knowledge, reflecting the patterns of the forensic crime, acquires the status of knowledge that ensures the development and improvement of the criminalistic arsenal of means of combating crime.

It is obvious that practical workers dealing with the disclosure and investigation of crimes are more interested in not an objective understanding of the world, knowledge of its laws and patterns, and the technological solution of practical forensic objectives arising in their daily activities. Therefore, criminalistic methods, techniques and means acquire the status of fundamental knowledge, since only its direct use is capable of purposeful

lane to change the content of practical activities to disclose, investigate and prevent crimes.

If we consider the structure of the most criminalistic knowledge, it can be divided into two parts: 1) practical knowledge reflecting an axiological (or more precisely pro-design) aspect of the forensic forensic and representing a system of criminalistic methods, techniques, means and practical recommendations; 2) Theoretical knowledge of the object knowledge reflecting the epistemological aspect of the subject of science of forensic science and is a description of the results of the knowledge of the laws that constitute the content of the forensic forensic.

Criminalistics is currently experiencing a stage, which is defined as the transition of science from cognitive-theoretical to practically conversion activities in the field of criminal control, which should find adequate reflection in the concept of the content of forensic science.

Hawk sh.p. Crib in foreground. Part 1. General provisions / SP. Yastreb, V.E. Koryakina; under total. ed. V.E. Koryakina - Tula, 2018

Concept, subject and crime objectives

Criminalistics - Applied Legal Science About:

• regularities of the mechanism of the crime;
• the emergence of information about the crime and its participants;
• patterns of collecting, research, assessment and use of evidence;
• means and methods for studying such evidence;
• funds and methods to prevent crime.

Criminalistics learning objects:

• criminal activities and all that is associated with the preparation of the commission, the implementation and concealment of the crime;
• criminalist activity:
  a) activities to investigate crimes (the work of investigators, prosecutors, investigators);
  b) the activities of experts in the production of expert research;
  c) operational-search activities;
  d) Scientific and pedagogical activities.

Criminalistic tasks They are divided into two groups:

• The main task of forensic - It is to contribute to the fight against crime, ensuring the work of investigators, investigators, operational workers, experts and other persons necessary for this struggle by forensic means, techniques, recommendations and techniques.
• Special crime objectives:
  (a) Development of new and modernization of existing technical and criminalistic methods and means;
  b) improving tactical techniques, methods of investigating certain types of crimes, methods of expert research, etc.;
  c) Development of criminalistic and methods for preventing crime

Functions of criminalistics - Methods for solving crime objectives:

• Methodological - ensures the correct understanding of the subject and the content of forensic science, its role in the process of knowledge and practical activity;
• Explained by the scientific reflection of the subject of criminalistic science;
• Synthesizing- consists in ordering accumulated empirical material;
• Predictive basis for the theory of criminalistic forecasting.

Methods of criminalistics It is very diverse, and depending on the breadth of the coverage of objects of objects of objects, they can be divided into the following levels:

• universal method of knowledge - the philosophical method, which is based on the theory of reflection of the crime and its traces in the environment;
• general (or general scientific) methods, used in all or many sciences (including in forensic), as well as in all or many areas of practical activity - observation, comparison, measurement and calculation, experiment, modeling, logical, mathematical, cybernetic methods, etc.;
• special (actually criminalistic) methodsCriminalistic to solve their scientific tasks taking into account the specifics of objects and means of knowledge (for example, methods for studying the methods of crime, counseling of the investigation, traces of crimes of certain species, features of the personality of criminals committing crimes of certain categories).

History of forensics: The founder of the forensics of Hans Gross. The main scientific work is a guide for judicial investigators, the ranks of gendarmerie and police. Prior to this, the first mention of the data components of the criminalistics were in the ancient monuments of law (Russian truth, the judiciary 1550, the Cathedral Code of 1649) of many countries, religious sources (Bible, Evangilation, Quran). It is worth noting such interesting ways to register crimes as: knocking out the front teeth in ancient Egypt, burning alphabetic stigma in ancient Greece and Rome, cutting off the ears of theft, nose for robbery, fingers on the oath, etc.

Criminalistics system

Criminalistics system comprises:

• general theory of criminals;
• criminalistic technique;
• criminalistic tactics;
• methods of investigating certain types of crimes.

General Theory of Criminalistics - The main ideas, theoretical concepts, principles, the most common categories, concepts, definitions and terms in the field of forensic, as well as the methods of their knowledge.

• subject, method, problem and internal structure of forensics;
• the place of forensics in the science system and its ratio with other sciences;
• criminalistic doctrine of the mechanism of crime;
• historical aspect of its development;
• patterns of information about the criminal;
• patterns of collecting, assessing and using evidence;
• private forensic theories (theory of identification, diagnostics, theory of forensic version and planning of the investigation, criminalistic forecasting, etc.)

Forensic technique - Criminalistics section, which is a system of scientific provisions and recommendations aimed at creating and improving technical means, techniques and methods intended for collecting, research and use of criminalistic information. It includes:

• General provisions of forensic equipment;
• Tsusology is a criminalistic teaching of traces and laws of their occurrence;
• Odorology - the doctrine of odors, their sources, methods of fixation, seizure, storage, analysis, etc.;
• Criminalistic study of documents - exploring special technical methods and techniques for the study of documents in order to disclose and investigate crimes;
• study of materials, substances and products;
• Criminalistic olfactory;
• Criminalistic habitoscopy - the doctrine of the external signs of a person, means, methods and methods of their capturing;
• Criminalistic photography, sound - and video;
• Forensic phonoscopy - the doctrine of the methods and methods of human identification by voting;
• Criminalistic registration is a system of provisions and methods for registration, concentration and use of criminalistic-important information.

The main tasks of forensic equipment are:

• study and scientific generalization of the practice of applying data from natural and technical sciences;
• creation on this scientific and empirical base of new forensic methods and means, as well as practical recommendations

Criminalist tactic - the system of scientific provisions and developed on their basis recommendations on:

• Organizations and planning of preliminary and judicial investigation;
• Definition of the line of behavior of persons engaged in proving;
• Definition of acceptance of specific investigative and judicial actions aimed at collecting and researching evidence.

Forensic identification- this is the process of establishing an object identity by comparative study of the group affiliation of specific objects in order to obtain evidence attributable to a specific committed crime.

Identification of the object - establishment (detection) of its identity with himself at different periods of time or in different conditions using special means.

Identity - this is:

• equality of the object itself, his difference from others, its uniqueness;
• the selection process from a certain set of objects of the only one.

Significant signs of criminalistic identification The following may be considered:

• objects of criminalist identification are individually determined and have a steady external structure;
• criminalist identification is carried out by displaying the stable properties of identifiable objects;
• criminalist identification is implemented in the process of investigation, disclosure of crime and judicial review of the case.

A circle subjects identification Enough wide. Expert, investigator, judge, specialist, any participant in the process can be implemented forensic identification.

As objects of criminalistic identification People appear (accused, victim), various material objects (tools of crime, firearms, vehicles, buildings, structures, etc.), substances.

Identifiable - These are the material objects whose identity will have to be installed in the process of research on left-handed traces.

Identifying There will be objects with which such identity is established.

For example, determining a specific pair of shoes along the track trails found at the scene. An identifiable object in this case will be shoes, but by identifying the track of its traces.

Forms of forensic identification:

• procedural It is implemented in the production of individual investigative and judicial actions (for example, presentation for identification of people, subjects, documents, conducting identification examinations);
• necrosisthere is a place in the search activity of employees of operational-spot divisions (suspects are established, witnesses, victims, as well as other data that are important for business).

FINALISTIC Identification is classified:

• by the nature of the results obtained:
  a) complete when a unit object is installed;
  b) incomplete when only group affiliation of the subject is installed;
• by properties of identifiable objects:
  a) on the external structure (for example, a person on external signs, etc.);
  b) according to the function and motor complex (handwriting, gait, etc.);
  c) in structure or composition of objects;

Forensic diagnostics - recognition of features to establish properties and status of objects, circumstances and events related to the crime event.

For example, in the footsteps of the legs, it is possible not only to identify a person, but also to judge the direction of its movement, approximate speed, about the fact of dragging gravity, about movement in the dark.

The overall task of forensic diagnostics - establishment (definition, disclosure) of objective truth by studying and explaining the properties and states of the object (phenomenon).

The objectives of criminalistic diagnostics are classified on:

• establishing a spatial structure of the environment of a criminal event (where, in what situation a crime occurred, etc.);
• establishing the mechanism of individual stages of the event (direction and nature of the breaking of obstacles;
• establishing the temporal characteristics of the criminal event (when it happened; in which sequence actions were performed);
• identifying the properties of acting facilities (persons, guns, vehicles), their quantities (how many people were participants in the crime);
• the study of causal relationships (which could have caused a shot without pressing the trigger).

The structure of the process of criminalistic diagnostics:

• definition of purpose;
• preliminary study of objects;
• analysis of diagnostic signs;
• comparison by analogy;
• evaluation and adjustment of the results obtained;
• formulation of conclusions.

Diagnostic object - this is a condition established condition (subject, situation), and diagnostic objects - these are material carriers of signs displaying properties (system of properties, signs, etc.) and the impact on them certain conditions Event has occurred.

Criminalistic situation

Criminalistic situation (investigative situation) - The situation of the investigation prevailing at a certain point.

Investigation situations can be classified on the following grounds:

• depending on the investigation phase:
  a) source;
  b) intermediate;
  c) finite;
• according to the degree of personality:
  a) typical - initial situations for all similar cases;
  b) specific - situations when investigating a particular case;
• according to the information constituent factor:
  a) favorable (simple);
  b) adverse (complex).

• Information (awareness of the investigator about the circumstances of the crime, the possibilities of their detection and expert research, places of concealment of the desired);
• Procedural and tactical (state of production in the case, the possibility of election of preventive measure, isolation from each other in the case of persons, a concrete investigative action);
• Organizational and technical (the presence of communication between the duty and the operational investigation team);
• The degree of professional competence of the investigator.

Thus, the content of the investigative situation includes everything that in one degree or another affects the course and results of the investigation.

Criminalistic importance It consists in the content of the appropriate potential, which allows to determine the optimal paths, means and receptions of the investigation.

Private investigative situations - The situation of the investigation of individual investigative actions and conducting individual investigative situations.

Criminalistic versions

Criminalistic version(Other definition) - reasonable assumption relative to a separate fact or group of facts that are important to establish the truth in the case.

Elements of the forensic version:

• The actual base is the proof or otherwise obtained by procedural or necrossal means, criminalist-significant information on the case;
• Theoretical base - data from science or experienced provisions that are used when building a version;
• The content (formula) of the version is an estimated judgment that explains the essence or individual circumstances of the event of a crime.

Properties of the forensic version:

• Consistency of established facts;
• Principled checability;
• Applicability to a wide range of phenomena installed during the investigation.

Stages version:

• Building (extension) version;
  a) analysis and generalization of the data investigator on the case available at the disposal;
  b) the conversion of the investigator to the existing professional knowledge and experience and their implementation;
  c) direct formulation of investigative versions;
  d) concretization of investigative versions - the elimination of each version of all consequences, the establishment of communication between them, the explanation and elimination of contradictions;
• Practical verification of alleged versionsThe goal is to confirm or disprove the assumptions contained in the versions.

Types of forensic version:

• By volume:
  a) General - this is an estimated explanation of an event having signs of a crime in general (which happened - murder, suicide, accident);
  b) Private is an estimated explanation of individual parties, the elements of this event (motive, the method of committing, time, place, personality of the criminal, etc.).
• By subject of extension:
  a) Investigative (general and private) - put forward the investigator. As a rule, several investigative versions are put forward during the investigation in order to ensure completeness, objectivity and comprehensiveness of the results of the investigation;
  b) Operational-search (private only) - put forward an operational worker in the process of conducting operational investigative activities. Version data is checked mainly by the necrossal pathway during various ORM;
  c) expert (private only) - expert assumption that put forward in the process of specific expert research;
• According to the degree of concreteness:
  a) typical (typical) - the most common, typical explanation of the event, when concrete information about it is still too little;
  b) Specific - nominated on the basis of a detailed study of materials of the investigated case.
• by time building:
  a) the initial - arise at the initial stage of the investigation before the start of the investigator on their inspection, often occur during the inspection of the scene;
  b) subsequent - arise at the subsequent stages of the investigation;

The practical importance of forensic versions:

• Are the basis for the planning of the investigation of the crime;
• Their check provides the completeness and comprehensiveness of the evidence study.

Requirements for checking versions:

• Verification on the basis of evidence;
• Ensuring a parallel verification of all put forward versions of the case;
• Accounting for the results of verification of each version and all their totals;
• The presence of unambiguous conclusions at the end of the check.

Investigation planning

Investigation planning - Activities for the definition of ways, means and methods of phased solving problems during the inspection of versions put forward in the case.

Investigation planning principles:

• Individuality - means that in all criminal cases should be drawn up its investigation plan, taking into account situations characteristic of this particular case;
• Dynothy - suggests that the investigation plan may change, refund, is supplemented even in the process of its preparation;
• Concreteness - the investigation plan should contain information about all matters to be resolved (mainly in the context of verification of versions extended);
• Reality - it is that it should not be simply linked to the versions of versions, but also provided with the resources necessary for them, guaranteeing the ability to perform the intended activities in the time limit;
• Optimality - It assumes that the investigation plan is at this stage of the investigation to be the most effective for achieving the goals.

Planning conditions - A complex of factors affecting investigation planning and predetermining investigation plan:

• The plan can only be developed on the basis of real information about the crime and the results of a professional assessment.
• The plan must be agreed with other plans of the investigation in production in the investigator;
• The plan must comply with legislation and provide measures to ensure the rights and legitimate interests of the participants in the criminal process.

Stages of the planning process:

• Definition of immediate goals and objectives of the investigation;
• Accounting for all means at the disposal of the investigator, their comparison with the tasks and objectives defined in the previous stage;
• Development of options for conducting procedural actions and analysis of possible results;
• Determining the timing and sequence of accomplishments of the planned actions and direct performers;
• Registration of the investigation plan;
• Combining individual plans to be developed for each version to a single investigation plan for the case and its design.

Investigation plan - Non-obscepted organizational document, compiled by the investigator in their chosen form.

An auxiliary graphic and registration materials can be attached to the investigation plan, for example, the schemes of criminal relationships, a list of criminal episodes of the face, etc.). Circuits scheme are usually compiled by multi-episode group matters. They help to systematize and through conditional designations to visually show which of the partners in which episode of the crime was involved. Schemes allow, for example, to trace the movement of smuggling items from the moment they are imported into the country to sales, which is often done through the chain of intermediaries. The investigator according to the scheme sees which episodes are worked out, and what additional checks need. This makes it easier to draw up a plan, an analysis of the case and the definition of its perspective.

Planning method - The method of rational and effective organization of work in a criminal case, which consists in building an investigation scheme.

Planning methods:

• Group method - combines the compilation of a general plan of investigation with the preparation of individual investigative plans by each investigator included in the investigative brigade on a specific case;
• Network planning - It is to build a graph containing a list of the actions of the investigator in a given sequence, taking into account the time presumably required for their conduct;
• Calendar Planning - Planning work for every day during a certain period (by calendar).

Process planning

The need to compile written plans is associated with conflict interrogations, when the investigator has to expose the questioned, seek truthful testimony. The implementation of uncomplicated interrogations almost does not require the compilation of written plans, a sufficient list of circumstances that need to be found out. It will also be useful to make a plan when the questioned does not intend to hide the truth, but it is necessary to receive information from it in many difficult circumstances.

Preparation for interrogation includes:

• Collecting source data - information about the person of the questioned, about his relationship with accomplices and other connections, about his role in criminal community; on the actions of extraneous for the interrogated persons to conceal the crime, etc.;
• Tactical provision, for example, the choice of time and place, determining the method of a challenge for interrogation;
• Technical support - preparation of the necessary blanks of protocols, paper, writing accessories, preparing the room, etc.

In terms of interrogation, it is necessary to provide:

• the circumstances of the case on which it is necessary to obtain the testimony;
• questions that will need to be asked if, when receiving shows, the answers will be contradictory, incomplete, or requiring refinement, detail;
• preparation of materials for presentation in case of detection of contradictions between them and the testimony of the questioned;
• it is also necessary to provide for the presence or absence of using video, audio recording interrogation

Faculty Planning

The following data must be enabled in the full-time plan:

• circumstances that are the subject of full-time stakes located in a certain investigator of the order of their consideration;
• the essence of the testimony of the questioned for each disputable circumstance made at the full-time rate;
• subject to proven and other materials;
• issues formulated by the investigator, indicating the order of their setting by part-time participants;
• taking part in the full-time face rate.

Examination inspection planning

In most cases, investigators are limited to mental planning to inspect the scene. However, this is clearly not enough when there is an inspection of extensive areas with multiple tracks, as well as in cases of destruction of large buildings, structures, causing death and harm to the health of a large number of victims. In the listed and some other situations, it is recommended to draw up a written plan, at least in the form of a list of activities, which is necessary on the preparatory and search and research stages.

Naturally, arriving at the scene, the investigator simply does not have the ability to make a detailed written inspection plan, but still need:

• determine the course of inspection, including the use of tactical orientation techniques in the crime event, determining the limits of inspection and direction of movement, the sequence of study of individual parts of the situation;
• elect a method for studying the material situation;
• completely place the participants in the inspection, familiarizing them with their rights and responsibilities and the actual role;
• take measures to establish the right psychological relations with other participants in the inspection;
• resolve the issue of interconnection of inspection with operational search actions;

Planning test check in place

therefore when planning testing testimony in place follows:

• calculate the purpose and content of this action;
• resolve the issue of the place and time of investigative action;
• determine the circle of participants, their role, to ensure their turnout;
• prepare scientific and technical search tools (if it is necessary to dig the land, waste items thrown into the water, etc.) and fixing the results.

Search planning

In the search plan it is necessary to include:

• collecting orienting information about the place of search or excavation production; persons who are supposed to produce; character of wanted objects;
• determining the search time;
• selection of participants of the search or excavation; determination of their quantity, based on the specific situation, the conditions for the implementation and availability of forces and means;
• preparation of technical means: various search devices, lighting equipment, photographing, etc.;
• studying in the process of investigation of traces, subjects, information on the signs of criminals, guns and means of committing a crime, abducted property for ensuring the focusing of the search;
• organization of communication between searches.

Planning of the investigative experiment

In the investigative experiment plan, you must include:

• objective (object) of the experiment;
• what special knowledge will be required for the experiment;
• place, time and conditions of the experiment;
• circle of participants, their role, measures to ensure appearance;
• general course of the experiment;
• sequencing;
• method of fixing the stroke and the results of experimental actions;
• questions that need to ask persons with the behavior of which is related to the experiment.

At the place of production of the experiment, the investigator should find out what has changed in the situation and take the necessary measures for its reconstruction; establish signals and means of communication between the participants of the experiment; Explain the participants of the investigative action, where they must be and what to do in the process of the experiment.

Planning appointment of expertise

The application assignment is included as follows:

• grounds for the appointment of forensic examination;
• surname, Name and Patronymic of the Expert or Name expert institutionin which it should be produced forensic examination;
• questions set in front of the expert;
• the materials provided by the expert.