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Theory and Practice of Forensic Science

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Vol 18, No 2 (2023)
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LEGAL AND REGULATORY FRAMEWORK

6-11 613
Abstract

The article discusses the issues related to improving the efficiency of joint operation of investigation, inquiry, experts, and prosecutors in investigating alcohol-containing liquids produced by non-industrial manufacturing method. The authors draw attention to the consistently high percentage of the non-industrial alcoholic beverages in the total number of objects submitted for analysis. Such liquids legally are not considered alcoholic products, so the presence of legal conflicts and gaps in the current legislation regulating the production and circulation of ethyl alcohol, alcoholic and spiritcontaining products in Russia, leads to difficulties in qualifying offenses and holding perpetrators accountable, as well as to additional expert examinations and longer investigation periods. The authors also provide some examples from expert practice.

METHODS AND TOOLS

12-29 1578
Abstract

The article considers the issues of applying specific research methods in forensic construction examinations. The authors propose a classification of methods and means based on various criteria, including the impact on objects and the principles of operation. The specifics of their use in field and laboratory research have also been considered. The authors pay special attention to the use of drones for expert inspections of construction sites and associated land plots. In addition, the following methods have been presented in detail: physical and mechanical (elemental, chemical, mineralogical, phase analysis), physical (thermal analysis method), physical and chemical (instrumental methods), mechanical non-destructive methods (methods based on Fizdel, Kashkarov and Schmidt hammers), mechanical destructive methods (using test presses, bursting machines, tensile testing devices), acoustic (ultrasonic, ground-penetrating radar), electro-physical (magnetic, electric, and electromagnetic), radiation (X-ray and gamma-ray), radio wave, thermal, holographic, computer tomography, and calculation methods. It is shown that a timely replenishment of a construction-expert’s instrumental arsenal with modern methods and techniques of examination based on the latest scientific and technological advances guarantees sustainable development of forensic construction examinations as one of the most demanded areas of expert activity in Russian legal proceedings.

TOPIC OF THE DAY

30-37 1270
Abstract

Active development and implementation of artificial intelligence technologies (AI) in various spheres of human activity have started the processes of qualitative change in public relations. This fact necessitates the development of legal and technical standards to regulate AI technologies. In this regard, the most controversial issue is the recognition of AI personality. The analysis of various opinions on the matter shows the lack of a consolidated approach in the existing legal doctrine. Creating the legal status for AI systems would provide for several options depending on its type and purpose – from technical means to the status of an “electronic personality” and recognition as a full-fledged subject of law.
Considering the specifics of criminalistics and forensic examination, it is better to position AI systems as technical means. Machine learning is considered a form of AI. It is the use of mathematical data models that enables computer training through specialized algorithms and training data. Algorithms can create or reproduce distortions and inaccuracies unintentionally embedded in the training data, which causes the manifestation of algorithmic bias. To eliminate bias of algorithms it is necessary to pay attention to the quality of training data. The author has developed special methods to prepare such data, which are presented in this article in relation to ballistic identification systems. Also, one of the elements of system technical solutions to the problem of bias of AI algorithms is the development of standards for minimizing unjustified bias in algorithmic solutions.

THEORETICAL ISSUES

38-44 901
Abstract

The issues of combating criminal activity cannot be considered in isolation from the situational approach, which is the most general and universal when assessing various social phenomena. The article argues for the importance of using this approach in forensic examination, since in cases when one is uncertain if the crime has indeed been commited and there is insufficient information obtained by the investigation, only an expert can assist the criminal proceedings. Basing on the analysis of investigative and expert practice, interviews with investigators and experts, the author concludes that at present situational analysis is rarely appointed. However, the author argues that its potential for obtaining essential evidentiary information is significant, as can be seen from the examples of past expert practice.
The article also highlights some terminological issues regarding the naming of this expertise: scientists use such terms as “situational”, “situationological”, “crime mechanism analysis”, “crime scene expertise”, but they are not always used as synonyms. From the standpoint of the norms and rules of terminology, the author gives some recommendations for resolving this methodological problem.
The article was written applying the fundamental principles of dialectic materialism, as well as general and specific methods of scientific knowledge, including historical and comparative, legal, logical and philosophical, generalizations, descriptions, and others.
The scientific and practical significance of this work is determined by the formulated provisions and conclusions, determining the value and role of situational expertise in the practice of solving and investigating crimes. The theoretical significance lies in the development and justification of a number of recommendations regarding the terminology used in situational expert studies. 

DISCUSSIONS

45-53 523
Abstract

The task of establishing the cause of certain facts, events, or processes is one of the most common tasks that courts systematically assign to experts.
The article presents a methodological approach for justifying the cause during the preparation of a written opinion within the framework of forensic examination. This approach allows to identify the cause of the investigated event among various factors and can be useful in the context of forensic investigation both to justify conclusions about the cause and to verify the completeness and reliability of the conducted investigation as an express analysis. 

FORENSIC CASEWORK

54-61 724
Abstract

The article discusses the issues of analyzing objects of handwriting examination provided in electronic form. The authors describe the ways of obtaining such manuscripts and their features determined by the type of the electronic documents submitted for examination. They also provide some information on the possibility of establishing if the manuscript was made using the handwriting input option, the specifics of such objects, and their differences from digitized manuscripts. The peculiarities of the stage of separate research of manuscripts presented in electronic files are outlined, as well as the problems of formulating conclusions are addressed. Finally, the authors determine the directions for further scientific research on the matters raised.

62-67 849
Abstract

The article discusses the concept and classification of expert errors, as well as the concept and types of procedural expert errors. The author draws attention to their possible consequences. Some errors of procedural nature, which can be made by experts and revealed by lawyers, are shown on examples from expert opinions on forensic environmental expertise. Recommendations on how to avoid them are given. It is also noted that there are means of preventing expert errors within the framework of the theory of expert prevention.

68-77 1066
Abstract

 In a number of Internet sources, including Wikipedia, and even in some scientific papers, the role of AUE organization ([Ares’tantskoe urka’ganskoe e’dinstvo] – “Prisoner unity” or [Ares’tantskij uk’lad e’din] – “Unified prisoner order”) is quite underestimated. There the AUE is reduced exclusively to the pranks of teenagers aged 13-17 who merely imitate the criminal environment in form, but not in essence. From such explanations it is impossible to understand why this organization has been declared extremist and its activities are prohibited at the state level. Moreover, public danger of the AUE and harmful influence on one’s social adaptive processes remain unclear.
The materials considered prove, that the AUE movement is highly destructive. The article reveals the origins and principles of existence of the banned AUE organization, the features of its structural organization, and presents an expanded list of criteria for this criminal extremist community. The authors also provide examples of characteristic words and expressions that mark one’s belonging to the AUE. The specific features of citizens belonging to the AUE organization, their social and speech activities identified by the authors contribute to the qualification of controversial materials and texts as extremist and can be used by law enforcement practitioners involved in identifying such facts.

78-88 902
Abstract

 The article deals with the issues of formation, use and implementation of approaches and methods that have both traditional and innovative character from the scientific perspective into expert practice.
The experience of the scientific school of the Federal State Budgetary Institution – Russian Federal Centre of Forensic Science by the Ministry of Justice of the Russian Federation – in forming the basics of forensic expertise, developing relevant methodological materials, and introducing new types of forensic examination into expert practice is considered. The necessity of innovation development in the activities of forensic institutions, including accreditation, standardization, certification, creation and functioning of management system, the application of a risk-oriented approach is demonstrated. Prospects for the formation and development of land surveying, mineralogical, molecular-genetic, political scientific, religious scientific, ethics expertise, as well as labor safety and occupational health expertise within the system of forensic institutions under the Ministry of Justice of the Russian Federation are outlined. Ways to improve educational activities for public and private forensic experts are presented. The authors also discussed the prospects for the development of management system, standardization, accreditation, and the introduction of the risk-based approach to improve the quality and reduce the time of forensic examinations.



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ISSN 1819-2785 (Print)
ISSN 2587-7275 (Online)