The protocol of the inspection of the scene is one of the evidence in the criminal case file. Its compilation is the first of a list of actions committed by police and other authorized bodies in cases of suspected commission of a crime.
Normative regulation
The Criminal Procedure Code has reserved several articles on the protocol for the inspection of the scene. The process of filling it is regulated not only by the rules of the CPC, but also by the work of law enforcement officers.
The law gives sufficient freedom of action to include in the document the information that is relevant to a particular case. As for the inspection methods, everyone chooses the one that, in his opinion, is better.
Purpose of compilation
The protocol for the inspection of the scene is drawn up in order to identify traces of the crime and document them, photo and video materials taken during the inspection are attached to the protocol. It is carried out on the ground, in a dwelling, in another room.
Inspection of the home is permitted with the consent of the owner or with the permission of the court if the owner does not agree. Entrance to other premises is provided without such, but during the inspection the representative of the owner, in particular, the administration of the organization, has the right to be present.
Prologue
The scene report begins with the introduction:
- date and exact time of the preparation of the document;
- title and full name of the officer who wrote the protocol;
- F. I. O. of witnesses and other persons who took part in the process, their ranks and positions;
- a note on the explanation of rights and obligations to witnesses;
- The address and location of the site or facility that was inspected.
Descriptive part
It includes:
- a description of the terrain or premises, indicating their location relative to each other;
- a description of the situation, its elements, traces of the crime, the position of the corpse, vehicles, etc .;
- other relevant information.
Final part
Here are displayed:
- drawings, drawings, schemes are indicated;
- a list of items and materials seized during the inspection;
- an indication of the use of technical means for fixing traces, their brand and number, the name of the company that produced the device;
- statements and comments of witnesses or other persons who participated in the preparation of the protocol;
- signatures of participants with decoding F. I. O., place of residence of citizens.
Protocol Requirements
According to the Code of Criminal Procedure, the protocol for the inspection of the scene describes the actions committed by members of the investigative-operational group and the procedure for their commission.
The law, when using technical means of fixation, obliges law enforcement officers to inform citizens about this. The protocol is presented to all participants in the procedure, and then they are signed.
As a result, the document should fully reflect the situation and the picture of what happened.
When filling in the protocol of the scene, it is advisable to divide it into sections if there is a lot of material revealed during the inspection. So, first a description of the room, then the corpse and other elements. The text is divided into relevant sections.
If technical means were used during the inspection, then video and photo materials, their carriers, for example, negatives, floppy disks or electronic drives (“flash drives”) are attached to the protocol. They are put in an envelope, if necessary, sealed.
What does the protocol look like?
Filling in the form of the protocol of inspection of the scene, the employee acts according to the established scheme. The paper is filled during the inspection, sometimes it is done immediately after the inspection. If the first option is used, then the form is filled out manually.
Protocol Properties
Filling in the form of the protocol of inspection of the scene, officials should remember about admissibility and relevance - the requirements for evidence in a criminal case.
Admissibility is compliance with the law. In particular, the real situation is recorded in the protocol, the investigator does not add anything, but he does not ignore it either. The witnesses who took part in the inspection were indeed at that time at the scene of the incident.
Relativity obliges to record information related to the incident in the protocol. That is, the document can be reliable, but not reflecting things that are not important for the investigation and consideration of the case (for example, what color is the grass in the forest or a detailed description of the tree, etc.).
Finally
Filling in the protocol for the inspection of the scene is a procedure that requires careful and scrupulous treatment. All information entered in the document will be relevant in the investigation process and will be checked, including in court.
The investigator and the forensic expert are responsible for the compilation. The document reflects the procedure carried out by the investigator and his assistants. Both their complete data and information about witnesses (F. I. O. and place of residence) are indicated.
Before signing, citizens are required to read the protocol.