Challenges to specialists’ involvement in an incident site inspection (organization and tactics) Cover Image

Проблеми залучення спеціалістів до проведення огляду місця події (організація і тактика)
Challenges to specialists’ involvement in an incident site inspection (organization and tactics)

Author(s): Victoria Yaremchuk
Subject(s): Criminal Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: organization of specialists’ involvement; tactics of specialists’ involvement; incident site inspection; specialists’ explanations; specialists’ activity recording

Summary/Abstract: Problem setting. The adoption of the Law of Ukraine «On national police»leads to substantive changes in organization of an investigator profession. Thesetransformations affect interactions between national police investigators andspecialists.Relevance of the research topic. Today it is important to analyze organizationand tactics of specialists’ participation in an incident site inspection in the context ofreforming criminal justice authorities, in particular, the national police, prosecutor’soffice.Recent research and publications analysis. A specialist’s participation ininvestigative actions (search activities), in particular, in inspection was explored byscholars such as R. H. Ardashiev, R. S. Bielkin, О. А. Levi, V. М. Makhov, І. V.Pyrih, V. V. Tsyrkal, V. Yu. Shepitko, М. P. Yablokov.Paper objective. The purpose of the paper is to explore organization andtactics of specialists’ involvement in an incident site inspection.Paper main body. At present specialists are important participants of anincident site inspection during investigation of various criminal offences.Investigators contact appropriate specialists even when planning an incident siteinspection. Depending on a type of the investigated criminal offence an investigatorinvolves specialists of a certain type.Involvement of specialists varies depending on their types. For example,organization of participation of cytologists with sniffing dogs requires optimization.It is wrong that the operational investigative group, which went to an incident sitehaving received a notice of criminal offence commitment, shall organize cytologistsso they arrive at this incident site. It runs counter to the provision on an incident siteinspection urgency. At present there are significant difficulties in organization of aforensic expert’s involvement in an incident site and corpse inspection. In practice,one forensic expert serves several districts in the city when is on duty. Thereforeinspections can be conducted even in a day following a person’s death. There is aneed to increase a quantity of Forensic Medical Bureau staff in order to make theirassistance to investigators effective. Difficulties also arise in organization of scubadivers’ involvement in water reservoir inspection and corpse search.It is also required to turn to issues on tactics of specialists’ involvement in anincident site inspection. Different attitudes on understanding of tactics of specialists’involvement are expressed in literature (А.V. Kofanov, V.М. Makhov). It shouldnoted that a specialist provide an investigator assistance in tactical techniquesimplementation during an incident site inspection.Practice knows false approaches to tactics of specialists’ involvement in anincident site inspection. In one case investigators refuse to examine before a specialistcomes. In another case a specialist individually examines before an investigatorarrives at the incident site and this investigator, not examining the incident place,makes records on detected objects according to oral information provided by thespecialist. Therefore it is advisable an investigator and a specialist to jointly inspectan incident site. If there are several incident sites an investigator and a specialistseparately conduct inspection, and this situation is incorrect. Though they will saveworking time, an incident site inspection is not fully conducted.During an incident site inspection we propose to use several specialists: (А)possessing various special knowledge; (Б) specialists who use special knowledge inone special subject area; (В) it is possible to involve a body of specialists; or toinvolve a group of specialists when simultaneously conducting inspection of severalincident sites.It is inadvisable to draw up two protocols by a specialist and an investigator. Itwill lead to piling-up of unnecessary criminal proceeding materials. Moreover, aspecialist will interfere in an investigator’s evidence activity when drawing up aparticular document. Therefore it is essential to reflect specialists’ research in theprotocol of investigative action (search activities).Conclusions of the research. Thus, the paper gives proposals for organizationof involvement of specialists of separate categories in inspection. Forensic sciencesrecommendations on tactics of specialists’ involvement in inspection are made.Discussed problematic issues on recording of specialists’ actions during an incidentsite inspection. Issues on tactical characteristics of specialists’ involvement ininvestigative actions (search activities) remain relevant and it specifies the need offurther development of appropriate topics

  • Issue Year: 2/2015
  • Issue No: 08
  • Page Range: 22-22
  • Page Count: 14
  • Language: Ukrainian