Search actions in the system of investigative actions: a forensic aspect

The multidimensional nature of the investigation process requires a wide range of tools to facilitate solving forensically significant problems. These tools are, first of all, investigative actions which can be grouped in a relatively similar blocks. Given the active nature of the forensic tactics as a section that primarily accumulates information on investigative actions, it is expedient to classify investigative actions based according to the types of priority activities in their performance. Thus, all investigative actions are divided into five main groups: 1) communicative actions, i.e. questioning, confrontation (questioning by its very nature is the most common investigative action); 2) search actions, i.e. investigative inspection (inspection of the crime scene, examination of the corpse), inspection, search, seizure; 3) experimental actions, i.e. investigative experiment, presentation for identification, verification of testimony on the spot; sometimes this group of actions is called mixed, because it contains elements of two previous groups (elements of questioning and observation); 4) blocking actions, i.e. seizure of postal and telegraph administration, monitoring and recording of conversations, getting information about the connections between subscribers and (or) subscriber units; 5) research actions, i.e. examination (though classifying examination, even in terms of its purpose, as investigative actions is quite controversial). In search actions, without a doubt, investigative examination is basic. Along with other search actions, its study is the purpose of the article. In the forensic investigation of search investigative actions, their most significant element is the content, rather than the procedural regulation which, like any legal regulation, is a temporary phenomenon, and, therefore, is poorly objectified. Based on the above, the author offers another classification of search actions most relevant for criminology. Depending on the content of the search (object, conditions), there are the following actions: 1) crime scene analysis; 2) examination of the corpse; 3) physical evidence analysis; 4) muster; 5) residence search; 6) body search; 7) seizure. Investigative examination, including its particular variations, is recognized irrelevant to forensics as early as during the formation of forensic science. Also, it should be noted that in terms of search events (organization, content and effectiveness) the difference between the forensic examination of the crime scene and of the site is not actually observed. Differences between residence inspection and examination of the crime scene in a home are not of forensic but of criminal-procedural nature.

Keywords

Authors

References