Types of forensic identification by mental image. Theory of forensic identification

Identification studies are divided into several types.

• 1. By the nature of the established identity:
  • - individual (in the process of it questions about the identity of an individually defined object are resolved) belonging;
  • - group affiliation (It has already been noted that the group affiliation of an object is established, and the term “group identification” is incorrect, since an object can only be identical to itself. In this case, we are talking about the object belonging to a certain group, that is, its similarity with some other objects. Therefore, we need to talk about "establishment of group membership"). The collective concept for categories of homogeneous objects is the term "group". The establishment of group membership is carried out either as the initial stage (the first stage) of any individual identification, or as a solution to an independent problem.

A kind of classification by group affiliation is the definition of a common source of origin. In such a study, the belonging of two or more objects to the same group (mass) is established. Such objects can be ink in a fountain pen and in strokes of text; pellets seized from the corpse and shot in the cartridges of the suspect, etc.

In other cases, a common source of origin is established on the basis of a comparison of external features. Similar studies are carried out quite often in relation to the so-called mass-produced products. Establishing a group affiliation helps to narrow the range of objects being checked and thus more purposefully conduct a search for a specific object.

The probative value of the results of group identification is inversely proportional to the number of objects included in the identified classification group: the narrower the group, the more valuable the conclusion about the group affiliation of the object under study.

• 2. By the nature of the identifying objects, there are:
• 1. identification by a mental image stored in a person's memory;
• 2. identification by material-fixed representations of the object;
• 3. identification of the whole in parts.
• 3. Subject:
  • - investigative-operational, judicial (when special knowledge is not required to solve a problem, an example is the presentation of an object or person for identification, etc.).
  • - expert.

It seems that a specialist can also act as a subject of identification. For example, when examining the scene of an incident, he can identify one or another trace or object.

• 4. Identification by object of study:
  • - face;
  • - material objects (including buildings, structures, terrain), substances;
  • - animals.

As objects of research, forensic records can be used (registration of criminals, unidentified corpses, missing persons, as well as fingerprint files and various collections).

• 5. By belonging to a certain branch of forensic technology, to which the object under study belongs:
  • - phototechnical;
  • - traceological;
  • - forensic ballistic;
  • - handwriting;
  • - identification of a person, etc.

In the theory and practice of forensic identification, 2 forms of reflection are distinguished:

• 1. materially fixed (objective fixation of signs in material objects): traces of hands, feet, drawings, photo, film, video images of physical evidence, crime. objects, terrain...
• 2. ideal (psychophysiological).

It is subjective in nature and consists in imprinting the mental image of an object in the memory of a particular person.

Forms of forensic identification:

expert (according to material-fixed characteristics);

operational-investigative, judicial (presentation for identification, identification of the object according to the description during the inspection, search, and other next actions, presentation of evidence);

accounting and registration (according to forensic registration).

Objects of forensic identification

The object of forensic identification is an object that has a set of properties, on the basis of which it can be isolated from the surrounding material world, and related to a criminal event.

A necessary prerequisite for identification by traces is the interaction of objects, therefore, in any case of identification, there is both an identifiable and an identifying object.

Thus, in the identification study, several objects are used, the identification role of which is different.

• Group 1 - identifiable (identified) or sought objects, the establishment of the identity of which is the purpose of identification (most often these are objects, they appear in criminal cases as material evidence; also identifiable objects can be people, premises, terrain, animals). For example: establishing a specific brand of a car tire by traces (casts of traces) from the scene, a pistol by traces on a shot bullet, etc.
• Group 2 - identifying (identifying) objects:
  • - most often these are samples for comparative research, objects with the help of which the identity of the desired object is established (shot bullet and cartridge case, shoe print, fingerprint, handwritten text ...),
  • - forensic registration data,
  • - separate parts that previously constituted a single whole (parts of a torn document, a fragment of a headlight on a MP during an accident).

In the literature, as the use of traces as identifying objects, a number of researchers also consider “ideal traces”. These intellectual, memorable traces act as an identifying object, through the study of which, in the process, for example, presenting a suspect to the victim for identification, the latter will be identified. (Baev O.Ya. Fundamentals of criminalistics: a course of lectures. - M .: Exam, 2001, p. 108). The identification of a person who committed a crime is often based on the results of his direct identification in a mental image (including with the help of his subjective "portrait"). (Samples V.A. Identification and exposure of the criminal. - M .: Yurist, 1997, p. 233). The “psychophysiological form” of reflection or “identification of an object by a mental image that is identifying” is called this type of identifying objects in the fundamental textbook on forensics T.V. Averyanova, R.S. Belkin, Yu.G. Korukhov, E.R. Rossinskaya (Textbook for universities. Under the editorship of the Honored Scientist of the Russian Federation, Professor R.S. Belkin. - M., 1999, pp. 86, 99).

It seems logical to classify geographic maps, diagrams, plans, drawings, and artistic images as identifying (identifying) objects. (Samples V.A. Identification and exposure of the criminal. - M .: Yurist, 1997, p. 234).

For identification, not all properties of the identified object can be used, but only those that are displayed in the identifying object. They are called identification properties.

Forensic identification- this is the process of establishing the presence or absence of the identity of an object by comparing, examining the features inherent in it, and capturing their display to obtain evidence or take into account other facts that are important for the disclosure, investigation or prevention of crimes.

Identification possible due to the following basic properties of material objects: due to their individuality and originality; due to the relative stability and immutability of objects; due to the fact that objects as a result of interaction display their features on other objects.

Spheres (forms) of application of identification: 1. Procedural (judicial and inquiry and preliminary investigation). Forms of identification: - presentation for identification; - identification examinations; - inspections and surveys; - search, seizure. 2. Non-procedural (operational-search and administrative activities). Forms of identification: - forensic and operational records; - identification research on operational materials; - verification (establishment) of identity according to documents; - other operational-search activities.

Identification objects: any material objects that have a certain system of individual properties and relatively stable features that allow them to be distinguished and distinguished from all similar ones.

Objects studied during identification are divided into two groups:

a. identifiable objects, or the desired objects, the establishment of the identity of which is the purpose of identification, i.e. those objects that need to be checked (for example, fingerprints found at the crime scene, odor traces, spent cartridge cases);

b. identifying objects– objects with the help of which the identity of the desired object is established. Such objects can be objects (for example, a gun barrel, shoes).

Types of forensic identification:

1. By character results identification can be subdivided into complete, with the establishment of a single object, and incomplete, when it is possible to establish only the belonging of an object to a certain group, i.e. his group affiliation.

2. By properties(features) of identifiable objects:

1) according to the signs of the external structure, it is possible in cases where the external structure of the identified object has a cognizable individual complex, the components of which are the dimensions, shape, nature of the surface (relief and microrelief). This type of identification includes the identification of a person according to the features of his appearance, the relief of the skin of his hands, and the planer or chisels - according to the structural features of the cutting edge.

2) functional-dynamic complexes organically inherent in the identified object; is determined by the fact that not only the object itself as a whole can have individuality, but also how its parts interact. Such functional-motor complexes include handwriting, human gait, features of the sewing machine, etc.

3) the structure and composition of the object. Here it is necessary to take into account two groups of objects: total whole (a pistol and a holster, sheets of one notebook, cigarettes from one pack) and amorphous objects (loose and liquid). The production, creation, coexistence and simultaneous impact on the entire object of various external factors gives such objects a set of properties that allows for identification.

3. By nature identifying object:

1) by material-fixed mappings; is used when the identifying object displays the external structure of the identified object. This is identification by traces of hands, feet, teeth of a person, tools of hacking, by photographs that contain information about the desired object recorded in material form. - identification in the presence of an identifiable object and one or more identifying objects. For example, the suspect's shoes and several plaster casts of the footprint of the shoe, made during the inspection of the scene; - identification by materially fixed display of signs without an identifiable object: an identifiable object was not found, but there are identifying objects - for example, two spent cartridges were seized at the scene, but a weapon (identifiable object) was not found;
2) parts of the whole; When identifying whole in parts The features that make up the identification complex are the edges of the separation line of these parts, the surfaces of the separation planes and the internal structure of the divided parts, the identified object is the whole that existed before its dismemberment (separation) into parts, i.e. a single object or a composite object (including a set of objects), and by identifying objects - parts of this whole;
3) mental image; Object identification by mental image is based on the fact that the object of identification can be imprinted not only in the trace, but also in the perception of a person, in his memory.

4) description of features; Numerous information on a criminal case is recorded and stored in the form of verbal descriptions. Among these descriptions, there are also those that display complexes of identification features of specific objects. This allows in some cases to make the description the basis of identification. Therefore, identification by descriptions is carried out most often in a non-procedural form (for example, the identification of a person by search orientations). Identification by descriptions of signs can be carried out by comparing the signs recorded in two descriptions (for example, in identification cards for a missing person and for an unidentified corpse), or by comparing the signs contained in the description with the signs of the observed object (for example, comparison signs of objects described by the victim, with signs of objects found during the search).

5) odor traces, refers to the non-procedural form. This type of identification consists in detecting objects and people who were at the scene of the incident with the help of a service-search dog by smell traces.

4. By subjects: a) an operative, b) an investigator, c) a prosecutor, d) a specialist, e) a court, f) an expert;

5. By evidentiary value: a) individual, i.e. during which the subject of the study establishes the fact that the detected trace belongs to a specific person (traces of hands, odor traces, blood, hair and other objects of biological origin, etc.). b) group. Such identification assumes a possible connection of the object with the crime event, it determines the class, genus, species, group to which the identified object may belong (for example, traces of spiked wheels at the scene of a traffic accident were left by a car, presumably GAZ-Z110 Volga) .

6 . Types of identification: 1. By materially fixed mappings. 2. By ideal mappings.

Forensic identification- one of the main most common means of establishing objective truth in the process of investigating a crime. It aims to identify the object under study with itself.

The essence of forensic identification consists in comparing such an object with its reflections in the form of materially fixed and "ideal" traces left by the criminal or his actions.

Identification objects are divided into:

• identifiable(person, object, animal, vehicle, weapon, tools, substances);
• identifying, i.e. containing displays of features and an identified object.

In relation to a person, these can be signs of appearance, mental images (used for identification), a set of skills in handwriting, traces of display in the form of traces of hands, feet, teeth, blood, subungual contents.

In relation to firearms - traces on a spent cartridge case, bullet, barrier; to the vehicle - traces of rolling, tire braking.

Types of identification

Depending on the basis of classification, identification is divided into the following types:

By legal nature, a) procedural, i.e. carried out within the framework of the criminal procedure law; b) non-procedural, i.e. carried out during operational-search activities, in the preparation of forensic records;

By subjects: a) an operative, b) an investigator, c) a prosecutor, d) a specialist, e) a court, f) an expert;

By the nature of the displays: a) identification by material-fixed reflections of the features of objects, b) identification by a mental image imprinted in a person’s memory (during identification);

According to evidence: a) individual (in the traditional concept), i.e. during which the subject of the study establishes the fact that the discovered ice belongs to a specific person (traces of hands, odor traces, blood, hair and other objects of biological origin, etc.). the fact of firing a discovered cartridge case from a specific weapon submitted for ballistic examination; b) group (otherwise it is defined as the establishment of group membership). Such identification assumes a possible connection of the object with the crime event, it determines the class, genus, species, group to which the identified object may belong (for example, traces of spiked wheels at the scene of a traffic accident were left by a car, presumably GAZ-Z110 Volga) .

A kind of identification is carrying out such identification on the grounds of a common origin, i.e. establishing the whole in parts (a document torn into pieces, part of a mechanism, unit, etc.).

The conclusion of the subject of research about the identity of the object is based on the totality of its relatively stable identification signs. These are divided into: a) private, which are usually the details of the object formed during its manufacture, operation, repair, elements of the papillary pattern of the phalanx of a human finger; b) general, which are inherent in homogeneous objects and allow you to attribute a specific object to a given group (for example, to establish a blood group).

Stages of forensic identification

There are four traditional stages of identification:

• Inspection of the object under study, during which all objects (identifiable, identifying), as well as samples for comparative research (free, conditionally free and experimental) are studied.
• Separate, detailed study of the object in order to identify the maximum number of general and particular features that characterize the object of identification. This stage may be accompanied by an experiment (eg, experimental production of shells or bullets from an identifiable weapon).
• Comparison of features of compared objects. At this stage, the identification of matching signs and signs of difference is carried out.
• Evaluation of the features of the object and the formation of conclusions about the presence or absence of identity. Conclusions can be affirmative or negative, reliable or probable.

The concept and scientific basis of forensic identification

In the course of investigating crimes, the task often arises to identify a specific person, object or other object that left these traces by traces-displays of such an event. Tasks of the same kind arise when it is necessary to establish whether the parts of an object found at the scene of an incident and parts seized from suspects and other persons belong to one whole, and also whether these or other objects related to the crime under investigation and of interest to the investigation, homogeneous and of the same type. The solution of these problems usually plays an important role in establishing the truth about the crimes under investigation.

The very process of research, aimed at solving most of these problems, was called "forensic identification". Identification is the identification of the object, identified during the investigation as the alleged source of these traces, with the object that really left traces of interest to the investigator at one time or another of the crime event. This is also the process of identifying the whole in parts; a group or species level of identification is also used, or an incomplete individual identification.

The concept of "" has several meanings: it is both a task and a process of cc solution; part of the general forensic theory and a special universal method of forensic science. As a special method and the process of its application, forensic identification must in all respects comply with the requirements of criminal procedural legislation. In particular, only those factual data that are obtained and recorded in accordance with the criminal procedure law can be used as source material for resolving the issue of the identity of objects in their tracks. This serves as a guarantee of objectivity and reliability of their origin. In the course of identification research, only such scientific tools, such techniques that do not contradict the general procedural provisions, can be used. Accordingly, the results of this study must be formalized in accordance with the procedural requirements (an expert opinion or a protocol of an investigative action).

In forensics, a theory of forensic identification has been developed, which is based on the provisions of the dialectical theory of knowledge about the identity of the objects of the material world, about the individuality and uniqueness of its objects and their ability to reflect their properties and qualities outside.

The dialectical and formal-logical statements about identity are connected with the conclusion about the limiting non-classification case of the equality of objects not only in terms of generic properties, but also in terms of their individual characteristics. Accordingly, to identify means to establish the same generic (species) property in different objects that make up a strictly defined group (class), or the same individual properties of the same object perceived in its various states.

In the first case, we are not talking about a classification study, but about group identification, or about establishing the group membership of an object, in the second - about individual identification.

With group identification, which is very important to emphasize, as in the case of individual, the question of identity (in this case, a certain classification group, sometimes called a “special class”) is investigated, and not about the classification similarity of objects that may belong to different such groups.

Identification process is impossible without the use of the method of comparison (comparative research) as one of the most important methods of forensic knowledge. It is during a comparative study that the general and individual that unites the compared objects, as well as the differences that exist in them, including those that separate them, are established.

Thus, forensic identification is based on the following basic theoretical principles about: a) the existence of individual and group identity; b) individuality or uniqueness of objects in all their manifestations; c) the individuality of a group of objects with special specific properties; d) the relative stability of their individuality for a sufficiently long time; e) the property of material objects to reflect their external uniqueness when in contact with other objects; f) the ability to maintain individuality in parts.

Types and objects of forensic identification

Identification features

Identification studies are divided into several types for different reasons. The most important basis for such a division is the end result or the nature of the identity being established. On this basis, identification is divided into two types: individual, at which the presence or absence of the identity of an individually defined object is established, and group(specific), establishing the group, or specific, affiliation of the objects under study.

The establishment of group membership as a stage of classification research is an indispensable stage of any individual identification. At the same time, the establishment of group affiliation can also be an independent type of identification. With group identification, as well as with individual identification, identity is established, and not similarity, because the identification of similarities between the compared objects cannot be considered sufficient to conclude that the object under study belongs to a particular group (objects of different groups can be similar).

Of greatest importance for the investigation is the establishment of individual identity. However, the definition of group affiliation can play an equally important role in the investigation process, because it allows you to narrow the circle of objects being checked, and if the classification group of the compared objects does not match, it can serve as a basis for terminating their further comparative study.

In order to minimize the scope of the classification group to which the object under study belongs, criminologists have developed a methodology for determining not only group membership, but also common origin as a form of group membership.

In the process of such identification, the belonging of the compared objects to one group, mass (shot, buckshot, ink in strokes and a fountain pen, etc.) or one batch of goods (mostly mass production) produced by a specific enterprise is determined, and sometimes its workshop, a specific machine tool is revealed. , day of production, work shift, etc. In this case, both the internal features of the object, its structure, composition, as well as traces reflecting the process of its manufacture and the mechanisms and tools used in this are subjected to a comparative study.

According to the nature of the initial information underlying the comparative study, one distinguishes between identification by materially fixed representations of an object, identification of the whole by its parts, identification by a mental image preserved in a person's memory (recognition).

When identifying the whole by its parts, separate parts of the damaged object (fragments, fragments, parts, scraps of paper, etc.) found at the scene and seized from suspects are compared and compared with each other, along the lines of their separation, microrelief on the combined parts , on signs of structure, physical and chemical properties.

A variation of the identification of the whole in parts is the identification of capacity, volume and storage, found in a suspected person, by comparing the contents of the container, volume, storage with traces (parts) of liquids, loose and other substances found at the scene. For example, it is necessary to establish that the kerosene found at the site of the arson was taken from a can (canister) seized from the suspect, etc. information that the liquid he had (kerosene, etc.) or substance was only in this confiscated container, he had no other storage facilities.

According to the nature of the signs used in the comparative process, the following types of identification are distinguished: a) according to the features of the external structure; b) according to the features of the internal structure; c) according to functional and dynamic features; d) according to the characteristics of the smell.

By the subject of identification and the nature of its procedural regulation distinguish between investigative, expert and judicial identification.

Investigative is carried out by the investigator in the process of individual investigative actions (when objects are presented for identification, comparison of objects found and seized during inspection, search and seizure, etc.), when special knowledge is not required to solve identification problems.

Expert identification is carried out in the form of an examination.

Judicial identification is carried out during the judicial investigation both with the help of direct perception of the object, and by proving.

According to the object of comparative study, the identification of a person, a corpse, vehicles, objects, things and animals, areas of the terrain is distinguished.

Taking into account the branch of forensic science to which the compared objects belong, the following types of identification can be distinguished: traceological, fingerprinting, forensic ballistics, handwriting, authorship, typewriters and other multiplying means, document materials, according to the features of a person’s appearance, etc.

Above were listed objects of animate and inanimate nature of the material world and their individual structural elements that can be identified. There is another group of objects directly related to the methodology of forensic identification, which play a different role in the identification process. These include objects whose identity is established; objects in which traces are displayed, by which identification is carried out, or parts of some whole object; sample objects, whose identity is established.

To the first group of objects, participating in the identification process, include objects whose identity is established. In forensic science they are called identifiable(identifiable). Until these objects are identified, they are referred to as desired. When solving the problem of identification, the concepts of "identifiable" and "sought" merge into one. Objects that, due to the circumstances of the case, could leave traces found at the scene of the incident and are assumed to be sought are called verifiable. The number of recent objects can be significant. In this case, the required object may or may not be among the checked.

The second group of objects constitute objects that reflect in themselves external and other properties (signs of other objects (identifiable - sought), by which it is possible to solve the question of identity). They got the name identifying(identifying). Such objects can be traces of fingers, bare feet, teeth, lips of a person on various objects, traces of shoes, vehicles, hacking tools, a spent bullet or cartridge case, handwritten or typewritten text, separate parts that previously formed a single whole (shards of a headlight glass, fragments of parts of a car, a knife, parts of a torn document, etc.), as well as some object - a representative of the desired classification group. Identifying objects contain the source material, without which identification is impossible.

In one material (identifying) object, heterogeneous properties (features) of different identifiable objects can be displayed. For example, the handwriting features are displayed in the manuscript, according to which the executor of the manuscript is identified. At the same time, it contains signs by which the author of the manuscript can be identified. These individuals may be different. As a result, two different sets of features are formed in one object (manuscript), which can be used to identify different objects. Such sets of signs in forensics are called identification fields(one and second identification field).

Third group of objects composed from comparative samples objects to be scanned. Such objects are not a mandatory element of the identification process. They are necessary when a direct comparison of the identifying and identifiable objects is impossible or significantly complicated. For example, the identification of firearms by rifling marks from zeros of the rifling of the barrel bore on a fired bullet cannot be carried out without a comparative study of these marks on the investigated bullet and the sample-bullet obtained during an experimental shot from an identified weapon. A direct comparison of the indicated traces on the bullet and the rifling inside the bore is impossible.

In the case of group identification of materials, substances and products, samples (samples) of the objects being checked are taken (selected) as samples for a comparative study.

As samples, only undoubted reflections of the features of the checked objects and their carriers, containing a sufficient amount of their features and being comparable with the identifying objects, can be used.

Depending on the method and conditions of obtaining, comparative samples are divided into two groups: free and experimental. Free samples are objects that did not arise in connection with the crime committed and its investigation, but usually related to the period preceding the investigation. These are the most valuable comparative samples. However, they can be obtained only from such identifiable objects that are associated with the need to constantly display their individual properties to the outside (samples of handwriting, signatures, typewritten texts, etc.).

Experimental samples are specially obtained for comparative study from the suspect, the accused, the witness and the victim in the process of investigating crimes. For example, the accused or the suspect perform a handwritten text under the dictation of the investigator or at his request; forensic expert shoots bullets from a tested pistol.

A clear separation of these objects creates the necessary prerequisites for the methodologically correct implementation of identification research.

One of the important elements in the theory of forensic identification is the concept identification mark. As noted earlier, each object has a large number of properties and traits. For identification, not all can be used, but only those properties and features that are displayed in the trace of the object of interest to the investigation. So, to identify the person who performed any text, only those features of the handwriting that are displayed in this text can be used. In turn, to identify the author of this text, it is no longer necessary to have signs of handwriting, but signs of written speech that are displayed in it. Therefore, identification features are understood as the properties of an identified object that are displayed in its trace and can be used to identify it.

Properties that reflect the external structure of an object (shape, size, type and surface topography, etc.), features of its internal structure (anatomical chemical properties, density, hardness, etc.) can serve as identification features. However, each of these properties can be used as identification only if it meets the following requirements.

The identification feature must be significant and specific. These requirements are usually met by such features that may not reflect the essential properties of the object, but are clearly individual, atypical and, accordingly, the most significant for resolving the issue of identity. For example, they usually recognize very peculiar and atypical deviations from the writing in the handwriting in which the manuscript is made; special signs of a person's appearance, etc. At the same time, the more peculiar the property, the higher its identification significance.

This feature should be relatively stable. The criteria for such stability of a trait are its constant reproducibility, or repeatability, under various conditions, combined with unambiguously transmitted information about this trait, as well as its slight variability over time within the identification period. At the same time, the rule applies: the rarer such a feature is, the higher its identification value.

The identification feature should reflect a relatively independent property of the object, which is mutually independent of its other properties (not important for the identification process).

Identification features identified and studied in the process of forensic identification are classified according to several criteria.

Depending on whether the features characterize the identified object as a whole or only its individual properties, they are divided into general and private. Common features express the most common properties of a group of homogeneous objects. Particular features mainly characterize the properties of individual parts of a particular object, allow it to be distinguished from a group of homogeneous ones and identified. At the same time, individual particular features can be repeated in objects of the same group. Therefore, the decision about identity or its absence is made on the basis of the selection and evaluation of an individual set of particular and general features.

Particular signs, depending on which aspects of the properties of the identified object characterize, are divided into signs external and internal structure.

Depending on the degree of display in the sign of the essence of the object characterized by it, identification signs are divided into necessary and random.

The necessary features display such important properties of the identified object, without which it would not be what it is. For example, among the necessary are signs of a person's appearance, called their own and which are its integral properties and inherent in a person from birth (general physical, anatomical and partly functional). It is these signs that primarily form the individual image of a person.

Random are those signs that do not affect the essence of the object, for example, a particular person. These include special signs. They can be the result of regular (congenital anomalies) and accidental (scars, burn marks, etc.) causes.

However, the above division is not related to the assessment of the identification value of necessary and random features. Both can be more important for successful identification.

Identifiable signs, due to various reasons (features of the mechanism of interaction of inanimate objects, situational factors of human behavior, etc.), are inherent variability and variation. These features are most clearly manifested, for example, in human handwriting. So, individual signs of handwriting can vary depending on the adaptation of the writer to various life situations (a business official letter, a careless lecture note, etc.). Accounting for such circumstances when identifying is important for the formation of the correct conclusion about the presence or absence of identity.

General methodology for identification progress

As already noted, the essence of identification consists in comparing the features of objects with reflections of their features. With investigative identification, which does not require special knowledge and appropriate technical means and instrumental research to solve identification problems, the identification process is based on the use of the simplest methods of the comparison method. Investigative identification is mainly in the nature of establishing group affiliation and is carried out both in procedural and non-procedural forms. Part of the conclusions about the identity, which the investigator comes to, is not recorded directly in the case file and is used by him most often to make certain decisions. Individual identification is carried out during such an investigative action as presentation for identification (people, corpses, objects, terrain). In this case, identification is carried out according to a mental image.

The most complex methods of expert identification. Each type of expert forensic identification has its own research methods. Some methods are used in forensic ballistic identification, others in traces, others in handwriting, others in identification by physical features, etc. In this case, the most scientifically developed methods are used using the most advanced means of technical and forensic research.

The forensic identification process consists of four stages: preparatory; separate analytical study of the presented objects; comparative study; synthesis, evaluation of research results and formulation of expert conclusions.

Preparatory the stage is reduced to familiarization with the materials sent for examination in order to find out whether the weight of the materials listed in the resolution (determination) on the appointment of an examination is presented to the expert, whether the questions posed for the permission of the expert are clear, whether the necessary procedural requirements have been met during execution, are suitable whether the objects of examination for a comparative study, whether there are enough samples for this. At this stage, a plan is drawn up and possible methods of identification are determined.

On the stage separate analytical study of the presented objects(one identifiable or several tested and comparative samples), each of them is studied separately. At the same time, the maximum number of identification features characteristic of each object under study is revealed and investigated. The importance, stability, relative independence, variation and other features are also checked. The complex of identification features inherent in each object under study is determined.

At another stage, there is comparative study identified and studied the same name identification features of objects. In this case, coinciding and differing features are determined. It is at this stage that scientific and technical means for comparative microscopic examination, various measuring instruments, photographic research methods, coordination grids, image alignment methods, overlays, etc. are widely used.

On the stage synthesis, evaluation of research results and formation of expert conclusions the data obtained as a result of comparing the identified set of features of the presented objects are synthesized, the synthesized results are evaluated and the expert's conclusion is formed.

Based on a comprehensive assessment of the results of a comparative study of the object that left traces, and its display depending on the importance, stability and number of matching features established in them, as well as the identified nature (including variation), quality and quantity of differing features, the experts come to one conclusion. from three possible conclusions: a) about the presence of individual or group identity; b) about its absence; c) about the impossibility of solving the problem of identification. These conclusions about the presence or absence of identity can be categorical and probable.

When evaluating these findings, investigators should keep in mind that in the process of proving, only the data contained in the categorical conclusions are considered as established facts for identification. Probable conclusions are mainly of search and orientation value. In the process of proving, they should not be discarded, but only used carefully and very thoughtfully, combining with other circumstances established in the case.

Studying an object presented in nature, the researcher perceives it

directly. In such a situation, knowledge about the object is formed on the basis of

its inspection, measurement, weighing and application of other methods

direct knowledge.

However, an object can be known even when

its direct perception is for some reason impossible or

inappropriate (for example, due to the fact that it is destroyed). In this case

the researcher can refer to an analogue of the object that replaces the original.

Such analogs are called models. A model is a material or

mental (ideal) analogue, substitute for an object that is currently

is not directly felt by the subject of knowledge. The model is another object,

not the same as the original. This is a different system, reflecting only one or

different measure of similarity with the original. The study of objects of knowledge on their

models is called modeling. Studying the model provides new information about

original, which cannot be obtained in any other way, which allows

eventually get to know him. The forensic model is

artificially created system that reproduces with a certain degree

similarity is the object it replaces, the study and verification of which allows

gain new knowledge about the original and use it to solve search engines,

cognitive, recognition, identification, management and other

tasks in the criminal process, as well as in scientific forensic

research. The originality of forensic models is determined

the specifics of search and cognitive activity in the criminal process

(features of its legal status and regulation, goals, objectives,

means and conditions for their achievement and other circumstances).

Like all other models, forensic models are divided into: 1)

material: 2) mental (ideal). A distinctive feature of the models

The first of the mentioned classes of models is that they

reproduce objects in a material-fixed form. These include

specially created unique forensic systems (designs,

items, etc.), as well as selected for use instead of genuine

samples-original items produced in the serial version. There are two

groups of models of the specified plan. 1) space-like: 2)

physically similar. Models of the first group (models, dummies, casts, etc.)

reproduce in nature the spatial properties and relationships of objects (their

relationship with the original is characterized by geometric similarity). In the same

group includes the so-called forensic reconstructions - complex

material recreations or reproductions of any subsystems, parties

cognizable events (the scene of the incident, individual circumstances, fragments

deed, etc.) in their wake. Material models of the second group

characterized not only and not so much by spatial properties

original. They primarily display the dynamics of the processes under study.

and phenomena, properties suggesting the sameness, similarity of physical

nature, the identity of the laws of motion. Material models are used

for forensic analysis of the desired, cognizable objects, construction

versions based on the results of analysis, development of programs for checking versions. They are

are also used in certain investigative actions (for example,

by presenting for review to the interrogated), certain complexes

investigative and other activities. Most frequently and most productively

search and cognitive activity uses mental models. And this

is easy to explain if we consider that all representations about knowable

objects from the category of past events, as well as ideas about tasks,

to be decided, future actions, further steps on the path of knowledge, about

about what and how should be done are only models.

These models appear before the mind's eye of the subjects

search and cognitive activity as judgments, images, pictures

objects, giving food to creative imagination and purposeful manifestation

internal and external activity. There are three kinds of mental models: 1)

models of objects and events of the past (for example, events that were previously

perceived by any person about whom he testifies during

his interrogation) 2) models of objects and events of the present (for example,

the investigator's idea of ​​what might be happening in the next room

during the interrogation, which is carried out by his colleague in the investigative

brigade); 3) models of objects and events of the future (for example, representations

investigator about what he has to do the next day). At

the construction of mental models uses knowledge of a different nature. By

this basis, models are distinguished that contain: 1) only positive

(reliable) knowledge: 2) only hypothetical knowledge; 3) and positive

(about some features of the object), and hypothetical (about other features)

knowledge. Models can be built relative to an event, an object in general, or

about individual sides, parts, elements of the object. mental model like

and material, is a system, but does not consist of

material-fixed, but from mental components. In knowledge she

performs the function of reflection, interpretation of facts, visual expression

representations, mediated source of information. The mental model can

be materialized in the form of a diagram, drawing, layout, formula, drawing,

descriptions. An important feature of the mental model, as a form of thinking, is

its property to be an analogue of still unknown circumstances, hidden connections,

unidentified relationships. This does not mean that the specified model cannot

reflect an already established fact, event, circumstance. Models containing

reliable, positive knowledge, occupy an important place in the structure

thinking of the subjects of search and cognitive activity. Acting as

the result, the result of cognition within the framework of the completed cycle of the specified

activities, they play an intermediate role between the final stage and

those legal decisions that are taken in this regard and are reflected in

documents (on the initiation of a criminal case, on the completion of proceedings on the case

and presentation of the collected materials for review by the accused,

victim, on drawing up an indictment and sending the case to

court for consideration, etc.). At the same time, models containing

positive knowledge built in the initial and intermediate stages

search and cognitive activity, act as a means of cognition

other circumstances unknown at the moment, solving its other tasks. AT

models that contain only hypothetical

knowledge that needs to be verified (hypotheses, versions), as well as combined

mental models that include putative knowledge about some

features of the object and positive knowledge about its other aspects. models,

cognitions built on the first stages usually contain disparate information,

are full of gaps. As they are tested, they are adjusted,

clarified, improved by eliminating some elements,

rethinking and redesigning others, incorporating previously missing

parts, links between components. The source of new knowledge of the model

become because in them, as in integrative systems, accumulate

and in a complex the collected factual data are linked into a certain integrity,

own practical experience of the subject of search and cognitive activity,

generalized practice data (collective experience). Practice shows that what

model efficiency. This, of course, does not mean that models

low efficiency. Much depends not only on

nature, content, volume of information contained in the model, but also from

how effectively this information is used by the subject

modeling. Like material models, mental models can be classified

for various reasons: 1) by types of simulated objects (event models and

object models); 2) according to the degree of abstractness (models of concrete,

one-of-a-kind objects and typical generalized models of certain

population groups, facts, events, etc.); 3) by the volume of reflection of the object

(models of the object as a whole and models of any of its parts, sides, features);

4) according to the purpose of use (search models, illustrative, didactic,

identification, etc.); 5) by area of ​​construction and use (models

scientific, practical models). Models are also grouped by subject

forensic modeling (models of the investigator, expert, etc.), according to

relation to the types and stages of search and cognitive activity (models

preliminary examination, models of preliminary investigation, models

the initial stage of the investigation, etc.

P.), according to forensic

murders, mental models in cases of murders committed in the conditions

non-obviousness). The named types, groups and varieties of models can be

subjected to internal grouping. Thus, models built in practice

subdivided into investigative, operational-search, expert, judicial.

Thus, in the process of classifying forensic models in

as the basis for their division, a variety of essential

signs of two systems: 1) the models themselves; 2) activities related to

construction, study and use of models (modeling). Method

modeling is one of the general, universal methods of cognition,

productively implemented in various fields of science and practice, including

forensic scientific research, as well as the practice of bodies of inquiry,

preliminary investigation, expert institutions and judicial bodies. Under

Forensic modeling is understood as the process of building, studying and

use of models of cognizable and cognizing objects in the criminal process.

Modeling is carried out during the preliminary check,

preliminary investigation, judicial investigation, in other areas

criminal procedure activity. Forensic modeling

promotes:

Recognition (forensic diagnosis) of signs

crimes, determining the type of the deed, the presence in it

signs of a specific corpus delicti, the correct criminal law

act qualifications:

Delimitation of crimes from other socially dangerous acts;

Identification and establishment of events investigated in the criminal process

(identification and exposure of persons who fled the scene after

the offense they have committed; identification of unidentified corpses;

identification of victims and witnesses whose whereabouts are unknown);

Search for stolen property, items used in

committing socially dangerous acts;

The establishment of the events that preceded, accompanied

socially dangerous act, followed him;

Establishing the goals, motives, situation, mechanism of criminal and other

types of behavior of various persons, traces formed in this case;

Establishing the origin and connection between facts, their temporal and

spatial characteristics, elimination of contradictions between facts;

Determination of the direction of search and cognitive activity, general and

private tactical, organizational, managerial tasks, means, ways and

methods for their solutions. The objects of forensic modeling can be

a variety of circumstances. They are divided into two groups: 1)

cognizable objects; 2) objects acting as means of cognition. AT

a group of cognizable objects are modeled a variety of events

(crimes, other types of human activity, acts of behavior, etc.),

as well as their individual elements, components of the latter, structure, external

connections and relationships (objects that functioned within the framework of criminal

events, results of criminal activity, signs of appearance

absent victims, suspects, defendants, lifetime appearance

dead people, individual signs of corpses, etc.). Modeled also

criminal and other situations in the criminal process. Main purpose

this type of practical modeling - to ensure optimal

solution of issues related to the subject of search and cognition, with the nature,

the circle and location of the objects to be found. Not less than

a wide range of modeling objects acting as means

search and cognitive activity (means of search, knowledge of this

activities and management). In the structure of such objects, modeled in

scientific and practical purposes, includes search and cognitive activities in

criminal process as a whole, certain types and stages of this activity, its

elements, certain combinations of elements, their characteristics, internal

structure (in particular, the structure of the expert study, stages

versioned thinking, the structure of the proof, the functions and relations of members

investigative-operational groups). Among the systems of this plan in the investigative

In practice, the most common are:

Investigative leads, forensic and legal solutions;

Separate investigative and other actions, their complexes, means

tactical support:

investigation situations; - operational-search activities;

Specialists and forensic experts:

Work plans developed for the next working day, several

days, plans for the stages of the investigation, etc.;

Decisions of investigators, protocols of investigative actions,

indictments and other procedural documents. Models

cognizable and cognizing objects are in close relationship and

interdependence. In the course of search and cognitive activity, there is a process

continuous interaction of those and other models, movement from models of one

order to models of another. This process involves both material and

mental models, for the construction of which various materials are used,

means and methods. The process of mental modeling is directly related to

construction and use of material forensic models, so

how before you build material models, you need to make about them

representation, substantiate and comprehend the mental images of future material

structures. The constructed material model is studied by the subject

simulation is displayed in his memory. Modeling starts with

posing a problem and making a decision to resort to this method,

definition of the problem to be solved with its help. The process itself

modeling consists of three stages: 1) building a model of the object; 2)

study of the constructed model: 3) implementation of the model (checking the model

information). To build a model of a cognizable object means, firstly, on

based on the collected evidence, personal and generalized experience

form a general idea of ​​the nature, nature and group

object belongings: secondly, determine the structure, fill

necessary details created a sketch "portrait" of the object (for this purpose

positive and hypothetical knowledge are used); third,

to fix in one way or another the constructed model (in memory, in a drawing,

drawing, etc.). The composition of the components (structural elements) of the model

determined on the basis of the idea of ​​which of them are

significant from the point of view of the successful solution of the task with the help of

models. In the process of studying the model, it advances to logical analysis and

mental experiment with derivation and mental verification of the deduced

judgments. In the course of a thought experiment, the subject of modeling highlights

conditions that affect the object, consciously and systematically changes

these conditions, determines what effect they have on the object and model,

and, comparing his judgments with established facts, carries out

model correction. Having comprehended the studied model, the subject of modeling

draws consequences from it, that is, judgments about facts that should

exist in reality, provided that the model is correct, and

starts checking it out. This verification involves

Forensic identification is divided into types depending on what is to be identified. It could be:

a) identification by materially fixed mappings;

b) identification of the whole in parts;

c) identification by signs of common origin;

d) identification by mental image.

Identification by materially fixed images is the process of identification by footprints, handwriting, photographic images, etc. This is the most common type of identification, in most cases carried out through the production of examinations.

Another fairly common type of identification is the establishment of the whole in parts. When solving this problem, the fragmented parts of the object (fragments, fragments, details, fragments of documents, etc.) are combined with each other and the mutual coincidence of the signs of the external structure on the separated surfaces is studied. The concept of the whole is interpreted by criminologists quite broadly. In particular, it covers objects that have a monolithic structure (various products and materials) or biological nature (plants, pieces of wood), as well as mechanisms and assemblies consisting of several interacting parts. This also includes material

nye components, sets of things that make up an object of a single purpose (pistol and holster, jacket, vest and trousers, etc.).

When identifying the whole in parts, the object to be identified is the object as it was before separation (dismemberment), and the identifying objects are its parts in the state at the moment. Separation can occur both in the course of a criminal event (breaking the dagger at the moment of wounding the victim, losing the scabbard from him at the scene), and before it. For example, a wad found near the corpse was made from a page of a magazine found during a search of the suspect. In such cases, the establishment of the whole in parts makes it possible to find out the connection between the committed criminal act (stab with a dagger, shot) and the fact of dividing the whole into parts, and as a result, the person's involvement in the crime under investigation. Identification by signs of common origin is the establishment of the identity of the parts of an object and individual objects that previously formed a single whole, but do not have a common line of separation. For example: identification by bone remains, by sprout rings on a tree, etc.

Identification by a mental image is most often carried out upon presentation for identification of living persons, corpses and objects. The identifying person identifies the object according to a mental image stored in memory. The mental image serves as an identifying object, and the object itself is identified.

Along with identification, it is widespread to establish the group belonging of objects to a certain class, genus, species, i.e. some set. Homogeneous are those objects that, with differences, are endowed with a matching set of group characteristics (for example, knives that have the same external parameters and purpose). Establishing a group membership can be both the initial stage of identification and an independent task - the assignment of a particular object to a particular group.

The assignment of an object to a certain set is carried out on the basis of studying its group features and comparing them with the same features of other objects of this class. So, the shape of the cartridge case, its dimensions and design features make it possible to judge in which weapon system (model) it was used. Establishing a group affiliation has to be limited even when the traces do not contain a set of features necessary for the individual identification of the desired object.

A variation of the establishment of group affiliation is the determination of a single source of origin, when the question of the relevance of two or more objects to the same mass is being decided. In quality-

As an example, we can name the paste in a fountain pen and in the strokes of the text of the letter; buckshot taken from a corpse and found in the cartridges of a murder suspect. Here, the comparison takes place according to the features that characterize the internal, structural properties. In other cases, the establishment of a common source of origin is carried out by comparing external signs.

For example, using traces that reflect the manufacturing process and signs of production mechanisms, the issue of whether objects belong to the same industrial batch, produced on a specific machine for the period of time of interest to the investigation, is decided. Such studies are especially characteristic of mass-produced products (nails, screws, wire, buttons, glass containers, etc.).

In recent years, forensic diagnostics, oriented to the recognition of a state, event, phenomenon, process, has begun to play an increasingly important role. So, in the footprints of bare feet, one can not only identify a person, but also find out the direction and speed of his movement, the fact of carrying a load, defects in the musculoskeletal system, and physical condition. Based on the traces of hacking, they judge the method used, the professional skills of the burglar, his physical strength, dexterity, etc.

The concept of "diagnostic studies" includes: 1) determination of the properties and state of the object; 2) clarification of the circumstances of the incident; 3) establishing a causal relationship between known facts.

Diagnostic studies help to find out the actual state of the object (whether the fuse mechanism is working, whether the seal was re-crimped after opening), to establish its previous appearance (read the serial number stamped on the gun and removed by the criminals). Diagnostic studies often precede identification. So, before identifying an object by a trace, the expert determines its suitability for identification, finding out what features were displayed in it, what was the actual state of the object at the time of trace formation, etc.

Diagnostic analysis of the traces found at the scene of the incident may establish the circumstances of the criminal event. Based on the traces, it is possible to restore the mechanism of such an event or its individual elements, to find out the order in which traces were formed, and on this basis to determine the sequence of actions of the criminal. For example, by the shape, condition and location of blood stains, it is possible to determine: the place of injury to the victim, what position he was in, where his body was, in what position it was, etc. According to the traces of the shot, its direction and distance are established.

Diagnostic studies also include those studies that are associated with the analysis of the relationship between the actions performed and the harmful consequences that have occurred.

The definition of a causal relationship can be carried out in a variety of ways. Firstly, this is an establishment by the consequence of its cause: for example, what caused the fire of wool in the warehouse? Secondly, the clarification of a causal relationship between a known action and a known consequence. For example, is there a causal relationship between the actions of a subject who carelessly handled toxic or radioactive substances and the fact of defeating specific individuals. And, finally, the establishment of a causal relationship is advisable when the actions have been performed, but the dangerous consequences have not yet occurred. Here it is necessary to determine their nature, in particular, whether the storage of several ampoules with radioactive cesium in a thin-walled metal case created a danger to others.

The process of forensic diagnostics consists of several stages. First, the features of the object (phenomena, events) are studied by its reflections or in nature. Then, based on the conclusion about the characteristics (properties) of the object or the conditions for the occurrence of an event, a comparison is made with typical situations (typical model) of a similar criminal event. This makes it possible to understand what regularities appeared in this case, to explain the existing deviations from the typical variant. As a result, a conclusion is made about the causes of the phenomenon, the mechanism of the event, and the properties of the object. So, a comprehensive diagnostic analysis of the entire set of traces allows you to find out the dynamics of a traffic accident: the speed and direction of movement of vehicles until the moment of their collision; place, line, angle and dynamics of the collision of cars, the nature of their subsequent movement, etc.

Forensic identification and diagnostics are actively used in the detection and investigation of crimes as effective methods of establishing the truth in criminal cases.