During the investigation, in some cases there is a need for examination. It may be carried out in respect of the victim, the accused, the suspect and other persons.
Survey: Definition
The procedure acts as an independent procedural action. Survey is an examination of the body of a living person, as well as his clothes. This procedure is performed when a forensic examination is not required as part of the investigation . The forensic editions give a more complete interpretation of the concept. Survey is a set of certification and cognitive operations that are carried out by the inquiry officer or another person on his behalf.
Characteristic
The purpose of the survey is to identify on the body the traces of the crime, special signs, damage. The procedure is performed to determine the degree of intoxication, to identify other signs and properties that are relevant to the investigation. The basis of the survey is the decision of the authorized person conducting the inquiry. In some cases, inspection of the subject’s clothing can be performed if it is not possible to establish the origin of the marks on the body without this.
Survey Tasks
The procedure allows you to identify:
- Signs that are used to identify a person (tattoos, scars, birthmarks, etc.).
- Damage (bruises, bites, scratches, injuries, etc.).
- Particles of substances.
- Correspondence of damage on the body to the marks on clothing.
- Drunk.
- Other indications of material significance to the case under investigation.
Preparation
Despite the fact that the survey is an urgent procedure, it is important to properly organize its implementation. Preparation for the inspection comes down to:
- The choice of place, time and participants in the procedure.
- Cooking equipment.
- Briefing participants.
Like other investigative actions, inspection can be carried out in the office of the investigator. If the help of specialists is required, the use of technical devices, substances, equipment, the procedure is carried out in the laboratory and other places.
Members
As a rule, the procedure is performed by the investigator himself. However, it is allowed to involve a doctor or other specialist. According to the CPC, if the examination involves exposure of a person of the opposite sex to the investigator, then it is carried out exclusively by a doctor. Forensic experts may be involved in the procedure. For example, this is required to identify and fix on the body subtle or invisible traces. A chemical specialist may participate in the procedure. He discovers traces of fuels and lubricants during the investigation of cases of arson, etc. witnesses are considered to be optional participants in the investigative action. According to Art. 170 of the CPC, the decision to involve them in the procedure is taken by an authorized person at the request of the parties to the criminal proceedings or on his own initiative. For the examination of witnesses, their consent is required, except when this action is necessary to evaluate their testimony.
Technical means
Specialists can use different methods, equipment, performing the survey. This allows you to significantly improve the quality of the study. So, when using ultraviolet light on the human body, traces of sperm or blood can be detected. To identify traces of soot, soot, metal, electro-optical converters are used. It is allowed to use only those technical means that do not cause the subject an unpleasant or painful sensation, damage to the skin. It is forbidden to use chemical compounds that can cause burns. The actions performed by a specialist or investigator should not degrade the dignity and honor of a citizen, as well as pose a threat to his health or life.
General rules
The procedure begins with the identification of the citizen. After this, a decision on the appointment of the procedure is announced. This document is binding on the person being inspected. The subject is explained the procedure for the survey, its duties and rights. During the inspection, the sequence of actions must be followed. In accordance with the general rules, first of all, a general examination of the body is carried out. After that, its parts are successively examined from top to bottom: from the head, to the neck, to the shoulders, chest, back, stomach, genitals, buttocks, legs. Especially carefully inspect those areas where it is more likely to detect traces, predetermined by the event, or special signs. The search should be carried out purposefully, in accordance with the mechanism and type of crime committed. So, in the investigation of burglaries, inspection is carried out to identify microparticles from the scene: dirt, dust. Stains from them can be on the skin, particles of substances can be present in the ears, hair, and nose. If the crime was committed with the use of firearms, brushes and fingers are examined. Traces of grease, soot, etc. may be present at these sites. Various bodily injuries, blemishes, wounds, abrasions, and bruises are characteristic features of the crime. If such traces are detected, their location, shape, color, and quantity are described.
Features of the procedure as part of the judicial investigation
The main reasons for the survey are:
- Arguments of the participants in the proceedings about the inaccuracy or incompleteness of the earlier investigative actions.
- Falsification of inspection protocol or procedure itself.
- Collection of new evidence in the case, etc.
For citizens who have not committed acts in which there are signs of an administrative offense or criminal offense, the examination is used only as a measure of medical care. One of its varieties is a psychiatric examination. This procedure may be:
- Voluntary. This category can include any examination of a citizen by his personal appeal to a doctor.
- Obligatory. This kind of procedure has been established for entities wishing to exercise any of their rights. In the case of refusal of examination, a person cannot take advantage of one or another legal opportunity.
- Forced. Involuntary survey is carried out on the grounds provided for in Art. 23, part 4 of the Law on Psychiatric Care. For its implementation does not require the consent of the person.
Procedure recording
The Criminal Procedure Code prescribes to draw up a survey report. It reflects the process and results of the inspection. In the case of the procedure in respect of a citizen whose gender is different from the sex of the investigator, the latter is not present at the event. The protocol in this case is drawn up according to the doctor who conducted the examination. The document must contain an appropriate record stating that the investigator was not present during the inspection and the information was taken from a conversation with a specialist. Partial descriptions of clothing may be included in the protocol if signs are found on it that match the nature and location of the injuries. In addition to logging, it is advisable to use other methods of fixation. Such an opportunity, however, will depend on the subject being examined. In particular, video recording, photographing a citizen, if the inspection is accompanied by exposure, is allowed only with the consent of the person. These actions are carried out in accordance with the rules of forensics. In particular, photographing is performed using a scale bar. First, dirt or damage is recorded in areas not covered by clothing. Then other places are photographed after exposure of the body. For fixation, it is advisable to use during the examination of the scheme. They will fulfill the function of visualization, without affecting the individual interests of the subject relating to the demonstration of a naked body. Information that is provided by the inspection participants and has the nature of evidence is not recorded in the inspection report. However, statements of the subjects regarding procedural issues, comments on the completeness of the entries are reflected in the document.
Conclusion
Survey, therefore, acts as a separate investigative action. It is considered urgent and is carried out only in cases where examination is not required. Examination within the framework of a judicial investigation may be carried out in relation to both persons already examined and those who have not undergone the procedure. The purpose of the event is recorded in the protocol of the investigator or the court ruling. Despite the relatively small scope of the inspection, the specialist or official must follow their established sequence. If there is a resolution, an examination is a mandatory procedure for the subject. If a person refuses to undergo inspection, the event is appointed forcibly. As a rule, such a situation takes place during the appointment of a psychiatric examination. It can be carried out in the framework of both civil and criminal proceedings. If the procedure requires special knowledge in any field or the use of technical means, relevant specialists may be involved in its implementation. The results of the survey are mandatory recorded in the protocol and attached to the case file.