Examination: definition, reason, purpose, objectives, procedure. Examination this...

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2018-04-02 06:18:14

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During the investigation, in some cases, there is the need examination. It can run against the victim, the accused, the suspect and other individuals. examination is

Examination: definition

The Procedure acts as an independent procedural action. Inspection – survey of a body of a living person, as well as his clothes. This procedure is executed when the investigation does not require judicial examination. In forensic journals are given a more complete interpretation of the concept. Examination – is a complex of identification and the cognitive operations that are performed by the investigator or other person on his behalf.

Characteristics

The Goal of the survey is to identify the body of the traces of the crime, special signs of damage. The procedure is performed to determine the degree of intoxication, detection of other signs and properties that are relevant to the investigation. As the Foundation of the examination is the decision of the authorized person conducting the inquiry. In some cases, may trigger an inspection of clothing of the subject, if without this it is impossible to establish the origin of the marks on her body.

Objectives of the survey

Procedure to determine:

  1. Signs that are used for identification of the individual (tattoos, scars, birthmarks, etc.).
  2. Damage (bruises, bites, scratches, wounds, etc.).
  3. Particles of matter.
  4. A Consistent damage on the body the traces on the clothes.
  5. Intoxication.
  6. Other characteristics of importance to the case under investigation.

Preparation

Despite the fact that examination is an urgent procedure, it is important to organise its implementation. Preparing for the inspection is reduced to:

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  1. Choice of place, time and participants of the procedure.
  2. Preparation of technical means.
  3. Mentoring of the participants.

As with other investigations, the inspection can be performed in the investigator's office. If you need the help of experts, the use of technical devices, substances, equipment, the procedure is carried out in the laboratory and other places. Foundation examination

Members

Typically, the procedure is performed by the investigator. However, it may be attracting physician or other specialist. Under the criminal procedure code, if the examination involves the exposure of the person of the opposite sex to the investigator, it is performed exclusively by a doctor. The procedure can involve forensics. For example, it is required for detection and fixation on the body hardly noticeable or invisible traces. The procedure may involve the specialist-chemist. He finds traces of combustive-lubricating substances when investigating cases of arson, etc. are Optional participants in the investigative action are considered witnesses. According to the article 170 of the criminal procedure code, the decision of bringing them to the procedure is taken by an authorised person at the request of parties to criminal proceedings or on his own initiative. To conduct the examination of witnesses requires their consent, except when such action is necessary for the data evaluation of the testimony. examination is

Technical resources

Professionals can use different methods, equipment, performing the examination. This allows to significantly improve the quality of the study. Thus the use of UV illumination on the human body can detect traces of semen or blood. For the detection of traces of soot, carbon black, metal used electro-optical transducers. Use only those technologies that do not cause the subject unpleasant or painful sensations, injuries to the skin. It is forbidden to use chemical compounds that can cause burns. The procedures performed by the specialist or the investigator, should not humiliate the dignity and honor of a citizen, and to endanger his health or life. purpose of examination

General rules

The treatment starts with identification of the citizen. Then declare a decree on the appointment procedure. This document is mandatory to inspect the face. The subject explains the procedure of the survey, his duties and rights. The inspection process must be respected the sequence of actions. In accordance with the General rules in the first place, is a General examination of the body. Thereafter, successively examines the part from the top down: from the head, neck, shoulders, chest, back, abdomen, genitals, buttocks, legs. Especially closely examined those areas where it is more likely to detect evidence predefined event, or special signs. Search should be implemented purposefully in accordance with the mechanism and type of crime committed. So, in the investigation of burglaries inspection performed to detect microparticles from the event: dirt, dust. Stains from them can be on the skin, particles of substances may be present in the ears, hair, nose. If the crime was committed with a firearm, around hands, fingers. These plots may contain traces of grease, soot andAve. as the characteristic features of the crime are different injuries, spots, wounds, abrasions, bruises. In case of such traces is described by their location, shape, color, quantity.

Features of the procedure in the judicial investigation

The Main reasons for that are subject to examination, is:

  • The arguments of the participants in the proceeding on the inaccuracy or incompleteness of the earlier investigation.
  • Falsification of a report of examination or procedure.
  • Collect new evidence in the case, etc.

survey definition

To the citizens who have not committed acts in which there are signs of structure of administrative violation or criminal offence, the examination is used only as a measure of medical care. As one of the varieties it serves a psychiatric examination. This procedure can be:

  1. Voluntary. This category may include any inspection of the citizen according to his personal address to the doctor.
  2. Mandatory. This kind of procedure for entities wishing to implement any of your rights. In case of refusal, a person may not use one or the other of the legitimate opportunities.
  3. Mandatory. Involuntary examination is performed on the grounds provided in article 23, part 4 of the Law "On psychiatric care". For its implementation does not require the consent of the person.

need examination

Fixation procedure

Of the CPC prescribes to make the Protocol of examination. It reflects the process and results of the inspection. In the case of a procedure against a citizen, whose gender differs from the sex of the investigator, the latter is not present at the event. The Protocol in this case is drawn from the words of the doctor who performed the examination. The document must contain a corresponding entry that the investigator was not present during the inspection and information taken from a conversation with a specialist. The Protocol may include a partial description of clothing, if it found signs that match the character and localization of injuries. Besides logging, it is advisable to use other methods of fixation. This possibility, however, will depend on the subject being examined. In particular, videotaping, photographing of a citizen, if the examination is accompanied with denudation, is allowed only with the consent of the person. These actions are carried out in accordance with the rules of criminalistics. In particular, the photographing is performed using a scale bar. First recorded contamination or damage in areas not covered by clothing. Then photographed other places after the exposure of the body. For fixing it is advisable to use during the examination scheme. They will carry out the function of clarity without affecting the individual interests of the subject concerning the demonstration of the naked body. Information that is disclosed by the participants of the inspection and have the character of testimony is not recorded in the inspection Protocol. However, the statement of the subjects concerning procedural matters, comments on the completeness of the records reflected in the document. inspection

Conclusion

The Examination, thus, serves as a separate investigative action. It is considered urgent and were carried out only in cases when you don't need expertise. Examination in the framework of the judicial investigation can be carried out in relation to the already examined entities and have not undergone the procedure. The purpose of the event is recorded in the Protocol of the investigator or the court ruling. Despite the relatively small amount of action during the inspection, the expert or official shall be obliged to maintain their sequence. In the presence of regulations examination is mandatory for the subject. When a person's failure to pass the examination, assign the activity force. Typically, this situation occurs when the appointment of a psychiatric examination. It can be performed under both civil and criminal proceedings. If the procedure requires special knowledge in any field or application of technical means in its implementation may be involved the appropriate professionals. The results of the survey should be recorded in the minutes and attached to the case materials.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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