The Forensic Theory of Causality in the Establishment of the Trace Creation Mechanism: Philosophical and Theoretical Aspects

The article considers causality as a philosophical category. The mechanism of crime is a key category of forensic science; it is considered to be the main, central, synthesizing component of a socially dangerous act. The dynamics of commission of a specific crime is the main question which requires solution during investigation. Therefore, it is necessary to emphasize the universality of the concept of the mechanism of commission of a crime. As far as aspects of causality are concerned, it should be recognized that they have traditionally been studied in the context of criminal law and criminological aspects of cause-effect relationships. Considering the theory of causality in terms of a forensic approach, one must first focus on the mechanism of trace creation, as the event of a crime, namely the mechanism of its implementation, is a continuous sequence of actions in space and time, and the reflection of these actions in their connection can be considered as the trace picture of a crime. That is why the mechanism of a crime mostly relates to the objective aspect of corpus delicti. Without a detailed forensic analysis of both the circumstances of a crime as a whole and its trace picture in particular, it is impossible for law enforcement officers to react promptly and accurately to the commission of new crimes. As for the role of philosophy in the formation of fundamentals of forensic science, it is correct to mention reflection as a conceptual category that forms the foundation of forensic science, namely, the concept of a trace. Forensic science, in addition to the 'trace picture' itself, explores some causal relationships, e.g., preparation for the commission of crimes, including the stage of detection of intent, other actions aimed at concealing a crime and other counteraction to investigation. The mechanism of trace creation should also be studied in terms of causal productivity since any crime event can be represented as an interaction of physical bodies and occurring material processes. Aspects of studying causality in forensic science should primarily focus on research of its particular manifestations, e.g., explanation of the origin of a material trace, not only on the more traditional interaction with the criminal law aspects of a causal relationship. Thus, in terms of forensic science, the study of causality directly contributes to the establishment of circumstances of the emergence and development of the mechanism of a crime, which is an objective evidence factor. Various statements on cause-effect relationships are important for theory and practice and, above all, for the search and cognitive activity of relevant officials while disclosing, investigating and preventing crimes.

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