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Theory and Practice of Forensic Science

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Vol 19, No 1 (2024)
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THEORETICAL ISSUES

6-19 1775
Abstract

Characteristics of the mental (psychological) state of the victims of criminals presented in this article was based on the analysis of the practice of forensic psychological and complex forensic psychological and psychiatric examinations related to phone fraud. Victims’ specific state of mind led to certain actions, including offences or the transfer of confidential information necessary to steal their money. The sociological and psychological mechanisms of how this condition is formed and develops have been studied. The authors have highlighted the basic principles of consciousness and behavior manipulation: appeal to significant values and motives, considering victims’ individual psychological characteristics, creating conditions for communication isolated from outside influences to form dependent behavior.

The study of the mechanisms of the victims’ psyche showed that the basic characteristic of their psychological state is delusion, which is based on the incorrect semantic perception and assessment of the situation under the influence of fraudster’s psychological manipulation. Depending on the procedural role of the victim in the trial – victim, plaintiff or accused – the legal significance of the forensic psychological assessment of such a condition will be different, which defines the expert concepts described in the article as sub subjects of forensic examinations with the participation of a psychologist.

20-24 561
Abstract

The purpose of the study is to identify expert errors in the production of traceological examinations to prevent them when conducting research on various objects. The author reviews the errors made by an investigator when appointing examinations, by an expert when conducting research. Various types of errors are distinguished: procedural, operational, technical and other errors related to the use of modern technologies. Special attention is paid to the errors in the study of digital traces.

DISCUSSIONS

25-38 984
Abstract

Currently, in connection with the social and scientific and practical metamorphoses, special attention is paid to the problems of differentiation of forensic expert’s and specialist’s specialized knowledge, as well as the results of their activities (expert and specialist opinions). This is facilitated by the relatively vague legislative structure that regulates them, as well as its very arbitrary interpretation in law enforcement. At the same time, the current judicial and investigative practice of using these institutions in legal proceedings cannot be recognized as fully consistent with the letter of the law and the tasks of justice.

In this article, based on the analysis of legislation, doctrinal sources and judicial practice, the criteria for delimiting the competence of a specialist and an expert, as well as the procedural documents emanating from them are considered. The authors note the widespread substitution of concepts and the substantive component of the specialized knowledge of a forensic expert and the conclusion drawn up by him based on the results of a forensic expert study, on the one hand, and the specialized knowledge of a specialist and his conclusion prepared on their basis, but without conducting a study, on the other. The streamlining and systematization of the considered sources of evidentiary information is carried out in strict accordance with the normative regulation.

The authors propose options of the definitive norms, revealing the content and purpose of forensic examination, specialist’s specialized knowledge, as a unified basis for sectoral procedural legislation, and also give other recommendations aimed at unifying law enforcement in the field of the use of specialized knowledge in legal proceedings.

It is recommended to differentiate “specialized knowledge” into: “specialist’s specialized knowledge”, “specialized knowledge of a forensic expert”, “specialized knowledge in an expert specialty (a specific expert specialty should be indicated)”. For example, a specialist’s specialized knowledge is a system of theoretical knowledge and practical skills in the field of specific science, technology, art, craft, which are acquired through higher education and practical experience in a certain field of social and legal activity (using specialist’s specialized knowledge to meet the needs of legal proceedings). It is also necessary to create a System of voluntary certification of the competence of forensic experts and specialists based on the Russian Federal Chamber of Forensic Experts, within which voluntary certification of the competence of specialists whose involvement is in demand in the administration of justice will be carried out.

Information about specialists certified as persons with specialized forensic knowledge (handwriting specialists, construction specialists, etc.) should be placed in a special Register of forensic experts and specialists to meet the needs of legal proceedings on the official website of the Russian Federal Chamber of Forensic Experts. The formation of clear rules and criteria for the involvement of persons with specialist expertise in the administration of justice, combined with strict compliance with the law, are necessary components for making a just and fair decision on a case.

METHODS AND TOOLS

39-56 364
Abstract

High-speed digital video cameras enable us to observe fast-flowing phenomena such as detonation, shot, and spark discharges; to visualize the stages of destruction and deformation; to produce accurate measurements of motion parameters, promoting improvement of the design characteristics for various products, revealing the nature of events and verifying scientific theories. High-speed video recording can visually complement the text of a scientific study or expert opinion, makes it possible to perceive processes and events, the presentation of which is difficult due to the significant volume of material or the complexity of its comprehension.

The analysis of foreign publications and the experience of using a high-speed video complex in the Department of traceological and ballistic examination of the Russian Federal Centre of Forensic Science of the Russian Ministry of Justice shows that this type of video recording is a promising method of expert and scientific research, has an advantage over textual description, as well as traditional photo methods and video fixation, since it provides documentary filming, visibility, high accuracy and objectivity of information transmission. It also serves as a tool for solving scientific and practical problems, since it provides higher-level information that contributes to increasing the reliability and validity of the results obtained.

57-66 647
Abstract

An urgent task for expert practice is to develop modern instrumentation and new quantitative methods of evaluation for objects of forensic ballistic examination, in particular, gunshot residues. The purpose of this work is to determine the capability of the MS-Unit computer vision hardware and software complex in quantitative assessment of the main and additional characteristics of a shot to solve the most frequently encountered problem - determining the distance of the shot. MS-Unit consists of an autonomous spectrozonal illuminator “Photobox 3138” with white light function with high color rendering index CRI= 97+, digital camera, computer, and a desktop app ImgOpinion. The authors have studied the functionality of ImgOpinion application when forming a “damage data sheet”. Based on the proposed algorithms for measuring colorimetric characteristics, the qualitative and quantitative characteristics of the close shot traces on test targets produced by shooting from a short-barreled firearms have been assessed. The presented software provides accurate mathematical calculation and analysis of the data on the soot deposition on targets, as well as an opportunity to illustrate the obtained results in the form of graphs and diagrams.

67-74 432
Abstract

The article outlines the problem of confirming the correctness of creating computer graphic models in forensic land management expertise. This problem is universal regardless of the program in which the computer graphic model has been created. The authors substantiate why it is necessary for experts to control the accuracy of created computer graphic models and to reflect the description of the process of its implementation in the expert’s opinion.

They also suggest a methodology for control of computer graphic model accuracy in the production of forensic land management expertise which includes quantitative comparison of distances between the selected points obtained using the model and calculated mathematically. The criterion of practical applicability for a constructed computer graphic model is given. The suggested technique will allow experts to track the model creation process, to verify its accuracy and the correctness of the computational algorithms of the computer program in which the simulation has been performed.

FORENSIC CASEWORK

75-90 738
Abstract

To improve the methods of portrait identification, the authors have analyzed the current state of the examination technology, requirements for the means and methods of its conduct. They have also studied the particularities of specialists’ interaction in the field of digital image analysis. The need to supplement the methodology with biometric and intelligent technologies is specifically noted. The importance of including in the research procedure the techniques for analyzing the digital media of portrait information to identify both the characteristics of the media itself and the parameters of formation, storage, and changes in the information on it is highlighted. Attention is focused on the expansion of the complex of features of a person’s appearance used in portrait identification with dynamic features for the study of which it is necessary to use mathematical comparison techniques. It is revealed that the solution of problems related to the identification of a person in the future should be carried out by comparing the entire complex of signs of anatomical and accompanying characteristics of the elements of appearance. In addition to traditional “qualitative-descriptive” research methods, it is necessary to use objective analytical methods, biometric recognition, artificial intelligence and involve specialists from related expert fields to develop methods of rapid diagnosis of facts specific to the study of digital portraits.

91-101 763
Abstract

The article suggests ways to determine time intervals based on video recordings obtained by shooting or capturing an image of the screen on which the original video is broadcast. The authors consider examples of determining the duration of inter-frame intervals based on such video, as well as cases from expert practice.



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