An investigative experiment is often necessary. In most cases, it is used precisely when it becomes necessary to verify empirically the data obtained during the investigation of a criminal case.
Investigative experiment
Forensics has been using it for a long time. Over the years, he improved and changed. An investigative experiment itself is nothing more than a procedural action carried out in order to verify the collected information and data that are important for the investigation of a criminal case. This experiment is conducted by reconstructing the circumstances and situation of the incident. The investigative experiment is provided for in Article 181 of the Code of Criminal Procedure of the Russian Federation. Note that in some cases, such verification of the collected materials is simply necessary.
Types of investigative experiment. The main goals in most cases overlap:
- setting the sequence of actions committed by the criminal;
- identification of the mechanisms that led to the appearance of traces of the crime;
- determination of whether it was realistic to commit the crime in the circumstances;
- confirmation of the fact that it was the accused who committed the crime.
In fact, investigative experiments are not carried out very often.
An investigative experiment can be appointed at the initiative of the investigator, the victim, or some other participant in the criminal process. In some cases, the results of an experiment not only help confirm, but also obtain certain new data. It often turns out that the suspect acted not alone, but in collusion with someone. It can be given out by the absence of any specific skills, the inability to perform any actions alone and so on.
An investigative experiment can be carried out under the following conditions:
- public order must not be disturbed ;
- the recreated environment should be as close as possible to that which was at the time the crime was committed;
- participants in the experiment should not be humiliated, and their life should not be in danger;
- the suspect must give written consent to participate.
In some cases, the situation changes on purpose - this helps to establish whether the suspect actually committed a crime (it happens that people, for one reason or another, slander themselves).
The timeliness of the investigative experiment is one of the factors of its success. With delay, it is likely that any changes will occur at the crime scene, the suspect will forget any important details or refuse to cooperate with the investigation at all.
An investigative experiment in itself is complex and time-consuming. That is why they resort to it only in cases where it is not possible to verify all the data through interrogation, search, and so on.
As a rule, special witnesses participate in investigative experiments. Best of all, if they have any psychophysical and professional knowledge, this will help them understand the meaning of what is happening. In most cases, more than two witnesses are involved in this kind of experiment. Sometimes, they are used by employees of the bodies of inquiry. If necessary, special psychologists or other specialists can be invited.
An attorney must also take part in the investigative experiment. It may be a victim, any witness.
The accused himself shows the actions taken at the time the crime was committed, or the understudy reproduces them. The victim is rarely involved in direct reconstruction of events.