THEORETICAL ISSUES
The article describes the problems in legal proceedings that impede effective use of special knowledge of speech necessary to qualify offenses committed by means of speech actions. Among them the imperfection of the current legislation on forensic expert activity is mentioned, where there are no uniform professional qualifications and requirements for state forensic experts and persons who are not the employees of state forensic institutions and who are quite often involved in the conduct of linguistic expertise, authorship and phonogram examinations. It is stated that due to the lack of professional training in forensic specialties of such non-state experts, the quality of their speech analysis does not meet the need of the legal community and civil society in objective and effective examinations, the results of which could be used in trial. If the incompetence of non-state experts is revealed, their opinions are recognized as an inadmissible evidence, reexaminations are assigned to the state forensic institutions, which significantly delays the proceedings. It is proposed to legislate the mandatory certification for nonstate experts, to unify the procedure of additional professional education in the field of specific expert’s specialties for state and non-state forensic experts. In order to solve the problems mentioned above it is proposed to develop and implement a passport for each forensic specialty, a single nomenclature of forensic specialties corresponding to the types of forensic speech examinations, to unify additional professional retraining and professional development programs.
The article discusses specific features of the ways of concealing iatrogenic crimes and traces indicating them. Concealment of information, destruction of crime traces, falsification of medical records, staging and mixed methods of concealment form a system of ways to cover up such crimes. It is noted that there is a direct correlation between the methods of concealment of iatrogenic crimes and the severity of the consequences for the patient. The greater the harm done to the victim, the more sophisticated the concealment methods are used to evade criminal liability. The need is recognized to create specific research methodologies for the destroyed traces and ways and tools of destruction of physical sources of information as well as the methodologies for forensic handwriting and technical examination of the falsified medical documents, forensic computer analysis of the altered digital data related to the event under investigation.
The evidence of the ways of the iatrogenic crimes’ and their traces’ cover-up are used when initiating leads and planning the investigation, choosing the techniques of interrogation, search, examination and some other investigatory actions. The solution and effective investigation of iatrogenic crimes require knowledge of the existing ways of concealing them, as well as of the methods of their detection and exposure.
INVESTIGATOR'S/JUDGE'S/LAWYER'S COLUMN
STANDARDIZATION AND QUALITY MANAGEMENT
METHODS AND TOOLS
FORENSIC CASEWORK
Circumstances having a significant impact on the quality of the conduct of fire investigations in forensic organizations of various agencies are considered. This mainly follows from the shortcomings of inquest and investigation on this category of cases, inadequate number of verified and recommended for forensic practice methods and computer programs, rare use of existing programs, contradictions of legislative acts regulating fire and explosion safety of different objects, from some experts’ insufficient qualification. Absence of data banks on fires and forensic examinations conducted on them as well as of courts’ decisions is common; there is no experimental base to research the fire risk indicators and physical and chemical properties of substances and materials along with the characteristics of their ignition and combustion considering all the conditions of the fire.
It is shown that further development of fire forensics and its effectiveness will largely depend on the progress in addressing the aforementioned shortcomings as well as on the success of the academic pursuits and of undertaking the necessary engineering research.
The course of a forensic analysis of long-term storage food products (canned vegetables) has been reviewed. The significance of the stage of external inspection, examination of the label is shown. The expertise objects are finished products of the canning industry in factory package (vegetable marinades and first courses). The objects were examined for compliance with the appropriate GOST requirements and technical specifications for organoleptic characteristics, net weight, mass fraction of ingredients.
As a result of determining the organoleptic properties of canned vegetables “Pickled beetroot” the presence of individual pieces with black firm beet tissue has been detected which indicates violation of technological patterns of production. The presence of a particle of an outside impurity has also been detected that is a particle of paint coating based on alkyd binder and containing calcium carbonate as a filler which is unacceptable. The deviation of the canned vegetables net contents from the nominal amount indicated on the label meets the requirements of the regulations. For individual cans from the sample provided for analysis the experts have found non-compliance with the technical specifications for the rate “Mass fraction of vegetables from the total mass of canned goods”.
When examining the canned good “First courses. Borsch with fresh cabbage” it has been identified that the samples have various labels on the consumer containers which indicates the presence of samples from different shipments.
Special aspects of MP3-recordings technical investigation are addressed. The following features of formation and research of MP3 phonograms are explained: traces of MP3 coding in time and spectral domain, special aspects of MP3-files structure analysis, detection methods of re-coding of MP3-recordings, methods of group identification of MP3-recorders and MP3-codecs.
MP3 coding leaves certain traces of its usage. Due to the psychoacoustic model inaudible spectral components are deleted from the signal spectrum. Traces of psychoacoustic codecs usage are also clearly seen via dynamic spectrogram as rectangular areas of zero spectral amplitude. The methods discussed in this paper enable the investigating expert to detect the exact position of the MP3 frame in the signal by its properties even without any information from the file header. This method reveals the coding itself, multiple coding and also audio editing by the investigation of the periodicity of the extracted frames’ positions.
MP3 file format specifies the structure of the frame header providing a perfect instrument to detect any periodicity of any peculiarities of MP3 frames. The tool based on this approach reveals MP3 frames disorder caused by editing in the “digital” domain – manual deletion of audio information using HEX editor.
DISCUSSIONS
ISSN 2587-7275 (Online)