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Theory and Practice of Forensic Science

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Vol 19, No 3 (2024)
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LEGAL AND REGULATORY FRAMEWORK

6-13 253
Abstract

The article deals with the comparative analysis of the procedure of forensic examination commissioning and carrying out in arbitration, civil and administrative legal proceedings. The author examines procedural codes regulating the expertise and identifies the differences in courts’ approaches to its commissioning and to judiciary powers, rights, and responsibilities of experts. Special attention is paid to court limitations regarding examination commissioning on its own initiative in the arbitral procedure as well as to its broader powers in civil and administrative proceedings.

The article also analyzes the need to unify the legal regulation of forensic activities, which in the author’s opinion will lead to increased predictability and transparency of legal proceedings, improve the quality of expert opinions and reduce the risk of legal errors. The author emphasizes that, despite the differences in legislation, basic principles of carrying out forensic activities remain consistent, which makes the measures on procedural norms unification not only possible, but also the necessary ones to enhance effectiveness of legal proceedings.

The paper proposes specific unification measures that will help eliminate existing legal uncertainties, improve the quality of justice, and create a more uniform judicial practice.

EDUCATION AND TRAINING IN FORENSIC SCIENCE

14-19 228
Abstract

The article reviews some actual issues of the theory and practice of the production of forensic portrait examinations: the tight deadlines of the preliminary investigation, the increased time expenditures to produce forensic video examination, the need for an integrated approach to the training of forensic portrait experts. The author proposes to revise some approaches to the training of forensic experts in the field of forensic portrait examinations. Along with the possibility of a comprehensive forensic examination, taking into consideration current needs of practice, more attention needs to be paid to software application for processing photo and video images processing in order to improve visual perception of the information displayed and to study montage marks and their detectability. All this will contribute to the evolvement of a portrait examiner as a specialist of double competence.  

THEORETICAL ISSUES

20-32 557
Abstract

The article examines the system of private theory of forensic activity digitalization from the standpoint of forensic expertology. The subject, objects, tasks of the theory and its place in forensic expertology are described. The paper presents the theory of forensic activity digitalization that can be attributed to several private theories, the provisions of which equally apply both to the process of expert examination in general and to expert studies of individual types of examinations as well. Two sections in the theory system are designated: forensic examination of digital footprints and information and computer support for forensic activity. The first section includes and considers the following: the nature of digital footprints, their properties and features and the mechanism of formation; forms of presentation and classification of digital footprints and their carriers as objects of forensic examinations; general tasks of digital footprints expert examination. The second section pays attention to the technologies of algorithmizing and digitalization of methods and techniques of forensic examination. The prospects for the introduction of neural networks to forensic examination and the related relevant problems are considered. In addition, the author notes changes in the methodology and technologies for developing expert methods in connection with the introduction of artificial intelligence algorithms. This section outlines the areas of application of neural networks for solving forensic problems. The reasons for erroneous conclusions related to application of neural networks in forensic examinations are analyzed. Particular attention is paid to the sources of model risk. To develop methods for solving typical expert problems based on neural networks it is proposed to create forensic datasets and repositories for consequent analysis and machine learning for various types of forensic examinations. The article also substantiates the need for new expert competencies: expert data analyst, expert data engineer and machine learning engineer.

33-46 295
Abstract

The article addresses the relationship between the concepts of “artificial intelligence” (AI) and “artificial neural networks” (ANNs) in forensic context. Over the past few years there has been some growing scientific interest in applying these technologies in forensic examination, which makes the issue of how these developments are currently impacting forensic practice and how they might influence it in the long term quite relevant. The identification of their specific characteristics is expected to facilitate a more efficient integration of AI and ANNs into forensic activities at the methodological, legal, and organizational levels. To illustrate the general relationship between artificial intelligence (AI) and neural networks, and to demonstrate how they differ, the author provides a brief historical overview of the development of AI concepts and a description of the operating principles of certain AI systems, specifically artificial neural networks. The author also proposes the ways to integrate AI and neural networks into forensic activities at both theoretical and practical levels.

47-57 292
Abstract

Digital transformation plays a significant role in the implementation of forensic activities due to significant current expansion of the body of evidence based on study of combined computer information received in the course of legal proceedings. The key areas of forensic activity digital transformation are considered. It is shown that the sizes of special knowledge must obligatory cover a competent understanding of modern information technologies, their functionality and development dynamics as well as their effective use feasibility in forensic activities. The combination of systematic and integrated approaches representing various aspects of expert examination makes it possible to fully implement the principles of its objectivity, comprehensiveness and completeness as key principles of forensic activities. The need in setting up and implementation of strategic projects on improving forensic activities in the context of digital transformation determines the evolvement of digital transformation doctrine of forensic science as one of the theories of forensic expertology.

METHODS AND TOOLS

58-68 217
Abstract

The article presents the disadvantages of the “risk analysis” methodology for fire safety assessment of buildings and its inadmissibility in forensic practice. The option of numerical modeling application for fire hazards evaluation in forensic fire-examination is analyzed.

69-78 710
Abstract

The article critically examines the common practice of wheeled vehicles valuation and substantiates complex forensic approaches and methods for determining their market value. Specific aspects of using a comparative approach to the valuation of wheeled vehicles are discussed, and the procedure for the calculation is substantiated.

Basic framework of vehicles average price calculation reviewed in the article can be used in the set of forensic vehicle commodity examination methods, which are now under development.

FORENSIC CASEWORK

79-87 257
Abstract

In recent years, forensic examination of odor traces (odorprints) has been increasingly commissioned in investigative practice. But the demand does not remove the issues of the name for the analysis, the definition of its object, tasks and place in the system of forensic examinations, the solution of which directly affects its purpose and production. In addition, there are some scientific disputes on the possibility and expediency of conducting a forensic analysis of odor traces and the evidentiary value of its results. The author gives a brief overview of the origin and development of this type of forensic examination, provides arguments and counterarguments regarding its conduct. The analysis of scientific literature has shown the need for a clear definition of the name of the examination – forensic examination of odor traces, as well as for designation of objects of this type of study – odor traces in the form of odorous substances. According to the author, forensic analysis of human odor traces is a type of examination included in the genus of forensic biological examinations of human tissues and secretions within the class of forensic biological examinations.

88-102 245
Abstract

In connection with innovation of modern biometric technologies in various spheres of life, both at the levels of individuals and of the State, there exists an increasing risk of serious negative consequences of potentially possible mistaken identifications. Such cases already happened both in Russia and abroad. In the course of legal proceedings on facts of mistaken identity and its consequences, forensic examinations are carried out in most cases. Depending on the type of biometric registration and identification system, forensic computer-technical, traceological, portrait, video technical examinations as well as forensic medical examination and other medicolegal examinations are assigned. The article gives an assessment of legality and scientific validity of performing forensic anthropometric examinations of photographs and video recordings of the suspects captured on them.



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