CC BY
78
About value of material evidence during the investigation of crimes
In accordance with the Federal constitutional law «About order to ensure guarantees of state protection of rights and
a human rights commissioner in the Russian Federation» [5], freedoms of citizens, adherence to and respect of them by state
a position of a Human rights commissioner is instituted in bodies, local self-government bodies and their officers.
References:
1. FL № 42-ФЗ as of 05.04.2010. «About amendments to the article of the FL “About general principles of organization of legislative (representative) state bodies of the subjects of the Russian Federation”».
2. Decree of the Government of the Russian Federation № 725 as of December 5, 2005. «About interaction and coordination of the activity of the executive bodies of the subjects of the Russian Federation and territorial bodies of the federal executive bodies».
3. Legislation bulletin of the Russian Federation. - 2007. - № 26. - Article 3074.
4. Kurmanov M. M. Dissolution of a legislative body of the subject of the Russian Federation by the chief officer of the subject of the Russian Federation because of non-conduct of a meeting of the legislative body of subject of the Russian Federation within 3 months.//State authority and local self-government. - 2010. - № 2.
5. Federal constitutional law № 1-ФКЗ as of26.02.1997. «About a human rights commissioner in the Russian Federation». -Part 1, article 5.
Tapalova Roza Bayshevna, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law E-mail: [email protected]
Daubasova Sulushash Shynzhyrkanovna, Al-Farabi Kazakh National University, senior lecturer, the Faculty of Law
Mussabekova Aigul Rustembekovna, Al-Farabi Kazakh National University, master of law, the Faculty of Law
Sultanova Ayman Asanbaykizi, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law
About value of material evidence during the investigation of crimes
Abstract: This article discusses the place of evidence
Keywords: crime, criminal, victim, micro-objects.
At fulfillment of the murder, bodily harm, rape, theft, traffic accidents with grave consequences and other crimes are always material traces. Traces of these diverse — by nature of origin, according to the mechanism of formation, functionality, size, etc. Carriers of these tracks may have different elements of the material circumstances of the crime situation: the offender, his clothes, shoes, instruments of crime, the means used by the perpetrator, the victim, his clothes, shoes, items belonging to the victim if the offense is committed in the indoor and outdoor areas — traces respectively, remain on the floor, furniture, earth, etc.
During the last century in forensic science developed branches — Trace Analysis, forensic ballistics, forensic explosion of maintenance, et al. In the framework of these research directions are given recommendations on detection, control, withdrawal of these traces (traces of hands, shoes, teeth, shells cracking, bullets, cartridge cases, traces gunpowder, explo-
in the investigation of crime.
sives, etc.) from the scene. Developed methods of the study of these objects, we know what the circumstances may be installed with the following hands, shoes, teeth, shells cracking, bullets, cartridge cases, traces of gunpowder, explosives, etc., all parties involved know what is their significance in the overall subject of proof.
But investigative practice there are situations when there is no trace of the traditional, but the crime is revealed, criminal expose by such material traces that are difficult to find skilled forensic work together with the investigator at the scene due to their microscopic size. However, as a direct or indirect result of the events related crime, criminal or victim, implements, tools of crime, they acquire forensic value and may even act as evidence in establishing the facts and circumstances of the offense. It is about these tracks, which belong to the micro-objects. Interest in various types of small and very small objects criminologists exhibited long ago. By H. Gross once pointed to
127
Section 15. Science of law
the need for the collection of dust particles. But over the past three decades, forensic significance of microscopic increased dramatically. This is due to the following reasons:
1) the overall development of forensic technology and, as a result, equipment investigative bodies perfect scientific and technical means;
2) the emergence of new expert methods, opening up possibilities for studies of small quantities of substances and materials (by scanning electron microscopy, and others.), they provide “receipt” of micro particles information, which was previously completely inaccessible;
3) during the investigation crime scene often lack such “traditional” marks, traces of fingers, soles of shoes display, damage from acts of hacking tools and instruments, traces can not be found due to the professional activities of the offender.
Meanwhile, the micro-objects with skillful work of investigators and experts in many cases can be found and used in the investigation. One of the features micro objects — impossibility of their complete destruction by the criminals, and this significantly contributes to the growth of “specific gravity” of micro among other tangible evidence. There is every reason to believe that, in the future value of the micro-objects in the fight against crime will continue to grow.
Classification of micro objects in the forensic literature decided to build on the source of origin [1]. On this basis, they may be divided into three groups: 1) an organic origin;
2) inorganic origin; 3) mixed origin.
The first group includes human and animal hairs, fibers, fabrics plant or animal origin, all kinds of particles of cereals, plants etc.
In the second group includes micro particles of various metals and metal alloys of silver, copper, iron, aluminum and so forth, and the coal particles, quartz sand, cement, asbestos and so on.
The third group is formed by micro particles consisting of compounds both organic and inorganic, such as the soil, dust.
Micro-objects can be differentiated on the micro traces and the microparticles. Ifthe micro-object is in the office (isolated), from worn trace form, they should be called microparticles, micro traces — a micro-objects, not separated (not isolated) from the subject-worn trace. Microtraces may include the following overlay inclusion, layering or implementation. Traces overlay are, for example, microparticles of hair, cell particles or other elements of the human body, as well as textile fibers “superimposed” on the murder weapon at the time of contact with the body and clothing of the victim. These traces can be saved for several months. Traces of inclusions in the form of tiny particles of metal and other objects can be found in clothes, in the human body, floor covering, household goods, and so on. Footprints layers occur most often in cases where the substance or layering has to be taken subject to varying degrees of adhesion. Footprints layering can form liquid or semi-liquid substance, and the dust, ashes and others. It should arise in the implementation of any intrusion of liquid (e. g., blood) in the tissue paper and other objects [2].
Detection and especially the study of microscopic require not only knowledge and experience, but also the use of different instruments. Therefore, the task of the investigator is to properly identify objects, which may be the next, and the timeliness of their withdrawal with cautions, excluding the loss of individual microparticles or, on the contrary, the appearance of new worn trace, “outsiders” microparticles. Investigation seized investigator - worn trace items (clothes, etc.) is carried out by an expert. Depending on the observed micro-objects, their nature, composition, structure, examination can be carried out in a complex with the participation of chemists, engineers, biologists, microbiologists, botanists, forensic, etc. The participation of specialists in the production of specific expertise is determined by the leading experts, whose task was the discovery of a microscopic object on worn trace provided by the investigator. Worn trace microscopic object can be clothes (shoes) to the offender or the victim, washing hands and other body parts of the victim or the offender, the crime weapon, elements of interior scene and many others Consider the example of how the discovery and study of micro allowed directing the investigation focused on the search for the killer and prove his guilt, in another example, set a specific vehicle hit a pedestrian. In the first example, in one of the areas of the city M. with an insignificant break on time (not more than a day), were found the bodies of two women subjected to sexual violence [3]. For the nomination version of the attack on the two women of the same offender had the following grounds — about the same time (about 23 pm local time), one territory on the scene, the two women had on the neck strangulation marks fingers. The investigator immediately sent for examination of materials, substances seized during the inspection of the scene clothes women before sending the bodies to the morgue. Remove clothing in both cases was packaged in accordance with the methodological requirements. The expert been asked for: Does the clothing of the victims represented by foreign layering, and the nature of their appointment. Expert in the study ofwomen’s clothing found microobjects particulate metal shavings. Comparative research of these particles with the scanning electron microscope “Stereoscan” showed that the indentations, the protrusions on the surface of the chips produced by the impact tool have identical distances configuration, electron microprobe analysis showed the same chip element composition metal shavings. During the time until the examination is being conducted, investigative steps to find the offender, there have been three more rapes ofwomen were fatal. Clothing women were immediately sent for examination, the study showed that the presence of similar chips. The presence of chips on the clothes have five victims, as well as the results of a comparative study of particle chips showed the professional activity of the criminal, that will narrow search. Operative treatment underwent working factories and workshops available on the site of the accident. During the arrest the offender was removed his clothes and assigned identification expertise that helped in exposing the criminal.
128
About value of material evidence during the investigation of crimes
In the second situation: the early morning workers N. and M. on the roadside in K. found a man’s body [3]. During the inspection of the scene investigators seized clothes of the victim and sent the corpse to the MEA. The cause of death of the victim, as shown by the forensic medical examination, was hitting the vehicle. This examination has also established the time of death — in a time interval of 24 hours. up to 00 h. 30 min. Operative by, it was found that around this time on this trail to carpool back two tractors DT-75 with numbers: B..2 ...B..3 ...The investigator has examined these tractors, but due to many years of their operation, the machine had multiple mechanical damage at the front and other details, making it difficult and made it impossible to establish the involvement of these tractors in the incident, but he took samples of their coatings, along with the clothes of the victim sent for examination.
Questions, which were to allow to the expert, were as follows: Are there any foreign accretions on the clothes of the victim, if there is, whether they belong to the lacquer coating vehicle. The second issue was the identification required to install the cover of the tractor B..2... or B..3. microparticles clothes belong to the victim. The difficulty was that the factory paint coating technique was identical tractors; according to the formulation of paint composition should have the same composition. Furthermore, the coatings have the same tractor blue color by visual and microscopic examination of the differences in color is not detected, furthermore, they have the same number of layers — layers 3, gray, brown and blue color of the upper, but chemical analysis indicated that the coatings are quite different binders — one covering the tractor B..2... was melamine alkyd, another the tractor cover B..3 ... — pentaphthalic. Clothes of the victim — jacket was examined using a binocular microscope, between the fibers of the fabric jackets were found paint particles, which had a blue color. Microscopic examination showed that the particles were laminated, composed of three layers, respectively, a layer of gray, brown and blue.
Further investigation showed that the microparticles paint coat had connections — melamine alkyd, the same elemental composition characterizing the pigment component and other signs coincide coated the tractor B..2 ... which together allow experts to formulate a definitive answer that the particle layers on jacket of the victim came from the tractor B..2 ... thus, the situation has been resolved.
Examples illustrating the importance of micro to establish the circumstances of the criminal case of murder, rape, theft, accident, etc. There are many, it should be noted that a situation where practitioners use microparticles as evidence, it is very difficult — there are no witnesses, no trace of the traditional. It is important to timely and proper withdrawal from the scene of the objects, things, on the surface as a result of the crime formed micro stratification. There are instances when due to neglect of the recommendations of the forensic value of micro-objects, rules of their withdrawal offender escaped justice.
Noting the importance of evidence in establishing the circumstances of the crime can be noted and their different categories, such as documents, physical evidence. This evidence is required to appear at the economic crimes [3]. But the way to make the information in the document for the implementation of criminal intentions depends on factors — who is the offender or offenders, that is the subject of a criminal assault (money, space, enterprise management, the means of production, finished products etc), the pattern of the (organized crime stable group, small group for a single criminal episode) and others. All of these factors necessarily reflected in the documents. To economic offenses in the documents may be a technical or intellectual fraud. Intellectual fraud occurs when an economic crime by persons having authority (the first head, their deputies, chief accountant). In these processes, the commission — the documents, their forms, some details — the signature, seal imprint, stamp no doubts about their authenticity, but h is making these false documents — the inconsistency content of the document of reality, which can be determined only by means of an audit or an audit check later can be further proved by judicial economic expertise. This article is dedicated to the physical evidence, we would like to draw attention to the technical counterfeiting, which may be complete or partial, depending on the capabilities of criminals. At full criminal forgery produces forms, making him the necessary details. In partial forgery offender has the original document and to carry out criminal intent in making the original partial changes. The theme the technical forgery of documents is very extensive, under Article it is impossible to embrace it all, let alone one of the very common ways to fake details of documents — a fake impressions of seals and stamps.
Prints stamps and seals are the most important details of documents issued by government agencies, enterprises and public organizations. The presence of the document stamps evidence of the legality of fixed it legal relations or legal facts. This special position stamps among other details of the document requires the relevant rules. In Kazakhstan there are state standards and technical requirements ST RK 1430 - 2005, according to which the original seals and stamps are available in public workshops on special — the same rules, determined by the order of storage of genuine seals, their use, etc. However, the criminals in order to achieve their selfish goals make fake stamps. There are different methods of making fake stumps, depending on whether the offenders technical skills, financial capabilities, and so on. In all cases of counterfeiting printing experts are studying the signs that appear in the seal impression on the paper. The study of signs of seals is directly dependent on the specific objectives of the study. So, when deciding whether printing is responsible, made in the workshop established for these product state standards — Explore signs printing, making the impression of identification sign. To solve the problem, whether the bearing seal of the seal on the document belonging to this institution, the study is, first, to study the signs of the test print on paper, and secondly, to establish
129
Section 15. Science of law
coincidence or evidence of differences compared objects — print on the test paper and print genuine print submitted by the investigator.
Signs cliche print that appear on the print, consist of the total composition of a cliche (shape, size cliche presence box, coat of arms, the relative placement of text, graphics) and small features (parts of letters, drawings, lines, frame, coat of arms, their relative placement, microrelief features surfaces of letters, drawings, lines, frame).
Common signs printing include:
1) The outer contours of the pad (circle, oval, etc.).
2) The overall composition of the relief cliches (the ratio of the size of a cliche, text, graphics, relative placement of text, graphics).
3) The content of the text.
4) The overall shape and direction of the line of text lines (lines form line can be straight, curved, sloping, direction can be straight, rising, falling).
5) The general pattern of the emblem or logo.
6) The distance between letters or words, the height of the letters.
7) The general pattern of letters.
8) The circle printing diameter.
Private signs printing include:
1) Properties of the text. Since the placement of the text in all the seals (except stamp duty) is usually caused by a sketch of the customer, this feature is extremely important to individualize printing. Features of layout involves placing it relative to the central plate portion (text or graphic), on a text arranged in a circle.
2) Features of the mutual position of the pattern and the individual letters of the text, as well as the location of the letters and their parts with respect to the line.
3) Especially small parts of letters, drawings, lines frame (deformed portions of letters, the lack of individual elements, the gap frame lines, etc.).
4) Small surface microrelief features letters, drawings, frame lines (presence of pits on the surface of the letters, the shape of these recesses, etc.).
To solve the problem of identification is necessary to consistently resolve a number of issues, without which it is impossible to obtain a judgment about the presence or absence of identity. Addressing these issues occurs in stages consistently held identification:
1. Separate research;
2. Comparative research;
3. Assessment matching sings and different sings.
The most common method that is used in forensic research seals and their impressions is a microscopic (in the scattered and oblique light). At the scattered light with the
help of loupe and microscope it’s studying the structure of characters, size of characters and their elements as well as their mutual arrangement. This allows setting out the standard or non-standard characters. Microscopic examination also provides an opportunity to study the structure of print’s strokes, allowing determine the type of platemaking’s printing methods. In addition, this method allows to identify the individual characteristics of the structure of the seals and stamps, as in the objects themselves, as in prints.
Microscopic examination of stamps and dies in oblique light makes it possible to identify depressed strokes of characteristic prints, molded into a cliche made of hard materials. Research in oblique light can also define the boundaries of the printing elements and dent beyond them paint.
Signs and their elements can be accurately measured by a microscopic examination using a measuring eyepiece.
Research of the ultraviolet and infrared luminescence is used to detect traces of re-patterning seal or stamp or its application using a flat plate on a gelatin-based (cliche on photographic paper or photographic film — is often drawn cliche).
Small parts of the structure of signs of seals and stamps can identify and fix by a circular series of shooting in oblique light.
In the research of seals and stamps and prints are widely used by measurement method, and by the method of combining images and their parts.
For examination was presented diploma N., who was accused of murder. The investigator questioned on the authenticity of the seal. The expert was issued to establish the existence of technical forgery and application method print. The research used the following methods: microscopic measurement of the size of the print; study of the visible luminescence; studying and photographing paintings red and infrared luminescence.
Analyzed seal impression has the following features of the method of application: purple color; uneven distribution of the dye; pale purple fringing; the absence of the onslaught; edge strokes vague; Luminescence document field where print located under the influence of ultraviolet rays. These characteristics showed that the analyzed print applied by humid copy using a flat pad.
With further microscopic examination impression it was found that the stamp mark on the diploma has the following features of the method of manufacturing a cliche: size, pattern, the width of the same letters does not match the letters of typographic fonts; cutoff thin trunks are not available; touches are winding, start and end are dull; distance between letters and words is uneven. These signs showed that the investigated seal of the diploma applied by a flat plate manufactured of panache.
References:
1. Vander M. B. The Trial micrology (forensic aspect)./Malan’ina N. I. - Saratov, 1988. - Р. 45.
2. Natura A. I. Microobjects: concept, nature, and some features of their research Handbook. - Krasnodar, 1996. - P. 4.
3. Archival materials Kazakh Research Institute of Forensic ekspertise. 1957-2014.
130
