Forensic technical expertise: facilities and methods

Manufacture of forensic building technical expertise due to the need to obtain an opinion fromExperts who have special knowledge in a particular area. They are not generally known and generally available and are acquired in the process of special training or practical activities. Special theoretical knowledge in the legal proceedings does not include theoretical legal material.

Description

Forensic, construction, technical, value examination is a procedural act. It consists in carrying out studies of different subjects on behalf of an authorized person. Based on the study, the expert provides an opinion on the questions posed to him. Conducting judicial construction and technical expertise is considered as an investigative measure. This is due to the fact that it involves a cognitive process, regulated by the CCP and leading to the receipt of a specific source of evidence. As the last, in fact, the conclusion of a specialist. Information presented in the form of conclusions has a significant meaning in it. Judicial-technical expertise acts as an important procedural measure.

Distinctive features

Forensic Expertise involves the study of materials using special knowledge. This event goes beyond strict legal regulation. In fact, forensic examination) is aimed at giving to thethe person of those scientific provisions that can serve as a basis for resolving issues arising at the stage of preliminary investigation and in the course of a direct hearing at a meeting. During the procedure, the "hidden" information is extracted in the subject of research by means of special knowledge and brought to a state in which it becomes accessible to perception at the level of public knowledge.

Specificity

In the process of research, a specialist, basedon the available knowledge, receives data that allows to explain the nature of the tracks and the mechanism of their appearance, to formulate other factual data conducive to the establishment of truth. In a broad sense, the procedure does not involve the discovery of any new patterns. As a condition for the specialist's formulation of a conclusion on the questions posed, there is an inner conviction in the truth of the conclusion, which, in turn, is subjective. At the same time, when analyzing the results obtained, the expert bases his knowledge on objectively characterizing the relevant scientific and practical field relevant to the study.

The Inner Persuasion

It involves a certain state of consciousnessspecialist, which is achieved during the study. Internal conviction is of great importance in the activity of the subject, and extracting information for evidence, and making a decision, on the basis of a comprehensive and complete study of the submissions. Along with this, the expert formulates his conclusions on the basis of only a certain part of the objects available to him. The research is limited to certain frameworks, limits of competence, the nature and volume of subjects of study, the original data. This is due to the fact that the body or employee who made up application for forensic examination, preliminary estimated the reliability of all available materials and provided only those of them, the study of which can provide useful information for the proceedings.

Variety of types of procedures

The studies differ depending on whether,what goals it pursues. The subject of the study determines the direction of the process. He points out, in order to reveal what kind of facts and circumstances, research is intended. Objects of judicial construction and technical expertise can be studied for different purposes within the framework ofdifferent types of procedures. Each of them will have its own research subject. For example, a charred board is studied as an object of examination of materials and substances to detect traces of combustible liquid and other foreign compounds on it. As part of the botanical research, it is used to establish the age, species and other characteristics of wood. If it is necessary to identify the mechanism of ignition, forensic fire-technical expertise. In the course of it, the depth of burns is established, the circumstances in which they arise are analyzed.

Classification

Virtually any forensic technical examination involves the solution of forensic problems. Accordingly, there is a basic science for all types of research. It is forensics. At the same time, experts combine it with other basic disciplines: chemistry, physics, biology, etc. The list of subjects and things that fall into the sphere of attention of subjects of proof differs in a rather large variety. In cases of fires, for example, may be appointed expertise: technological, electrical, psychiatric. If necessary, studied fuel and petroleum products. Forensic research is mandatory. It includes, in particular, forensic technical examination of documents. In cases of fires other than those specific tothese procedures questions, you need to find out the role and the relationship of the studied materials, their characteristics and properties with the circumstances of the incident. These issues are considered key when conducting fire and technical examinations. In determining the distinctive features of such studies, one should proceed from the current ideas about the subject of forensic science. In the framework of this science, the laws governing the mechanism of crime, the emergence of information about it and the participants in the act, the particularities of collecting, analyzing, and using evidence are studied.

Forensic characterization

When addressing issues that arise whenInvestigation, the expert must have sufficient knowledge of the patterns of the mechanism of the formation of traces when committing crimes. A set of information about typical methods of preparing, carrying out acts, hiding signs of encroachments associated with fires, forms a forensic characteristic. It includes data on:

• causes of fire in the outbreak;
• conditions of flame spread and their connection with careless or intentional actions / inaction of persons;
• material traces of burning and so on.

Forensic characterization is a set of significant features on the basis of which the key tasks of the investigation can be solved.

Essential elements

For specialist professional interestis to identify those signs that are within its competence. A complex of such elements is called a technical-forensic characteristic. The components are information that was obtained by applying special knowledge, tools and research techniques. The characteristic covers mainly those aspects that form the objective side. These include, for example, the parameters and specifics of flame propagation in space and its development over time, the mechanism of ignition, burning in the hearth, the means and methods of committing an act, preparing for it and hiding traces, orienting information about the persons considered to be involved in the crime. In the process of research, a certain combination of factors is determined that are recognized as sufficient and necessary for ignition. Based on the result of the examination, the qualification of the crime is performed. Accordingly, the results of the study may predetermine the outcome of the investigation.

Conducting judicial construction and technical expertise

This type of research can be carried out in a civil or arbitration process. The basis is, as a rule, the requirement of one of the parties. Forensic Expertise envisaged in disputes between the customer andcontractor, in cases of establishing the absence / presence of deviations from the rules and regulations, recognition of the right to real estate, its division (if it is in common / joint ownership), the allocation of a share, etc. Having considered the requirement of one of the parties to the conflict, the person authorized to consideration makes a determination. It is worth saying that the information that is necessary to carry out research is not always complete. Often the controversial structures are not mentioned at all. Meanwhile, their indication has not only informational, but also procedural value. In addition, the specialist receives, according to the established rules (even indirectly) in the framework of the case forensic objects. Accordingly, he is responsible for their safety. This, in turn, predetermines methods of judicial construction and technical expertise. If any structures are not specified in the definition, then the specialist is relieved of the responsibility, which is unacceptable in practice.

Procedural regulation

Sufficiency and acceptability of materialsto be submitted to the expert, established by the judge. The time of the research is determined in accordance with the terms provided for in the norms. The legislation allows for the expansion of the range of issues and the list of objects of expertise, the extension of the period of its implementation. To do this, the specialist must fulfill the procedural requirements. In particular, the regulatory framework makes it very selective to address issues relating to the possibility of researching structures that constitute a controversial household, and does not allow the expert to draw a conclusion about monetary compensation to one of the participants when, in fact, this action seems justified .

Nuances

Often in the property to be divided,included constructions erected without permission (unauthorized structures). According to the existing practice, such structures are not investigated. Accordingly, the expert does not take them into account when determining the value of the property, developing options for dividing up a household. This is due to the fact that the right of ownership arises when real estate is put into operation and is legally registered with an authorized body. Accordingly, prior to the implementation of these procedures, the issue of division cannot be resolved in court. The corresponding right to the construction did not arise, moreover, it may not appear if it is revealed that it was erected with a departure from the project or with gross violations of the existing rules, norms, regulations. At the same time, if a specialist, without any instructions from the court, confines himself to examining only buildings put into operation and registered, he does not take into account that the law allows for the division of objects not completed by construction. This occurs in cases where, given the degree of readiness of the structure, it is possible to identify the parts to be separated, with the subsequent possibility of completing the work. The court has the right to decide on the division of an unregistered object even when it is revealed that the developer does not intentionally take measures to carry out state registration. In this case, the goal will be to avoid a dispute with family members who participated in the construction of the structure.

Forensic-technical examination of documents

The need for it may appear during the proceedings of cases of any category. These include, among other things, disputes about:

• recovery of damages arising from the improper performance of obligations by one of the parties to the contract;
• assessment of the basis for the occurrence of debt, etc.

Often, persons participating inproceedings, they turn to arbitration with a statement of falsification of materials submitted by the other party as evidence. In this case, the court, according to the rules established in Article 161 of the AIC, is obliged to check the validity of such a report. The person authorized to try the dispute shall take measures defined in the legislation for this. Among them is present withforensic technical examination. It is performed to establish the methodcreation and falsification of the act, the definition of funds used for this. In addition, the examination allows to restore the contents of the damaged document, to study the material of the document. Types of research vary depending on the goal. In practice, expertise of requisites, imprints of seals / stamps, materials of documents are performed. The first allows you to determine the method and prescription of creating an act or its fragment, the fact of its change, the means used for this, to reveal invisible and poorly visible records. In the process of research expert solves diagnostic problems. Due to this, he establishes a method of making paper, the tools that were used for this. The solution of problems of identification character provides for the establishment of a text performer

New type of research

More recently, in practice,used forensic computer-technical expertise. Its occurrence is associated with the active implementation of information systems. This examination allows you to check the compliance of technical documents on the equipment, the integrity and suitability of devices to use. Recently, such research has become increasingly popular in the arbitration process. The subject of study is the determination of the fact of compliance or non-compliance of technical documents of the system with the norms and standards governing their development. For example, an agreement can be investigated that is concluded for processing or creating a software system, or for performing some other work with subsequent transfer to the customer of the result. If, after acceptance, the subject reveals any shortcomings, on the basis of which a civil dispute will arise, at the request of one of the parties to the relationship, computer-technical expertise may be appointed.