MATERIAL EVIDENCES

From Big Medical Encyclopedia

MATERIAL EVIDENCES — objects or material traces of crime which at their detection or presentation, survey and a research can be a source and means of establishment of the actual circumstances on a criminal or civil case. EL use as proofs along with testimonies of witnesses, victim, suspect and defendant, the expert opinion, protocols of investigative and judicial actions. The criminal procedure legislation carries objects which served as tools of a crime to EL, kept on themselves its traces or were objects of criminal acts of the defendant. Treat such EL: a) a subject of encroachment — at its detection at the suspect; b) result of criminal action — signs of wound on a body, the counterfeit document etc.; c) the objects and traces revealing a situation and circumstances of the investigated event — its time, the place, a way of actions; d) the objects and traces convicting the particular person of commission of crime — fingerprints and hands on tools of a crime and the stolen things, imposings of particles of the soil, paint, plants and others, similar available on site incidents. Carry to EL also all other objects and documents which can be or the sensor of a crime and. identifications of guilty persons, or means: denials or mitigation of fault (Art. 83 of the Code of Criminal Procedure of RSFSR and relevant articles Codes of Criminal Procedure of federal republics). As EL there can be both objects, and marks and prints left by them and if their withdrawal is impossible, then the mold or the copy which are precisely reproducing features of a trace is produced. In civil process of EL will be required by court or are brought into court by the persons participating in business for establishment of the facts promoting settlement of disputes between the parties — the claimant and the defendant. EL, except independent value, can serve for check of other circumstances on business; their value is estimated in comparison to all investigative data.

Recognition or its material values of EL comes a subject in competence of investigating and judicial authorities next. In the presence of EL these bodies are obliged to make the protocol of survey and withdrawal of EL, and also the resolution or definition on their familiarizing with business. Except survey of EL, carrying out special, preferential laboratory, researches using modern scientific methods and technical means of i.e. production of examination is necessary. In the investigative and expert relation use of the receptions reproducing conditions and a situation of detection and withdrawal of EL is of great importance. It is carried out: a) careful recording of all circumstances of identification of EL, methods of their detection, withdrawal and packaging; b) photography; c) removal of prints and molds and use of other methods of fixing of EL, especially when they cannot be kept. The pictures made at surveys, searches and other investigative actions make the annex to the protocol and shall be considered as its component.

Origin of EL which are within the competence court. - medical examinations, depends on character and features of the investigated crime, on the used tools, means and ways of violence. The most frequent sources of receiving EL in court. - medical practice are: inspection of the scene, detection of a corpse or its parts; research of corpses; survey of the victims, suspects, defendants; survey of tools of violence, clothes etc. Court. - medical examination of EL determines the facts which assessment of the evidentiary importance demands special knowledge from the field of forensic medicine. Practically for representatives of investigation authorities detection of EL which are within the competence court. - medical examinations, a right choice of a method of their withdrawal and packaging it is reasonable to make court with participation. - the medical expert or the medical expert and also to use consultations of these experts for statement of questions at purpose of examination and an explanation of its results.

Proceeding from procedural definition of EL according to comments to the criminal procedure legislation, the research them is conducted in two directions. One of them is examination of traces of external mechanical, thermal, chemical and other impacts on a body of the person (bruises, grazes, wounds, fractures of bones, inflammations, necroses etc., and also specific imposings from tools of an injury on skin and clothes, characteristic changes of internals) that serves as establishment of the reason and type of violent death, and also a specification of the tool and mechanism of causing violence in certain complexes of data. This examination of EL is a fragment another (most often examinations of a research of a corpse) and is not followed by separate documentation, but at legal need and expediency drawing up the protocol on attaching to case papers of EL revealed court shall be made by investigating or judicial authorities. - the medical expert.

At the bruises which came from influence blunt the firm, sharp cutting, cutting, pricking and kolyushche-cutting objects, firearms, various parts of automobiles, EL for court. - medical researches can be: traces of blood, hair, parts of fabrics and human organs, traces of metallization, prints of contours of objects or their separate fragments, specific pollution (e.g., lubrication substances, parts of the soil, paint etc.), and also features of damages and their combinations (grazes, bruises, wounds, fractures of bones). Main objective court. - medical researches of these EL it is directed to establishment of origins of an injury and the specific subject which caused it. At a research of EL of the called group are applied: visual survey, light and luminescent microscopy, gist., cytologic and serological researches, photo, X-ray analysis, contact and diffusion method, absorbing and issue spectral analysis, chemical researches etc.

At a burn injury of EL help definition of a source of burns (hot liquid and steam, a free flame, molten metals and the heated objects). To such EL having diagnostic value refer (in the field of burns) existence of a soot, impurity to hot liquids, particles of metal, contours of a subject. The choice of a method of a research is defined by features of an estimated object according to a source of burn traumatization.

In examinations concerning death from action of low temperature of EL signs of a frostbite and results gistol, and biochemical, researches of the fabrics and bodies withdrawn at necropsy are.

At mechanical asphyxia there can be various EL, depending on its look. At strangulyatsionny asphyxia (hanging, strangulation by a loop, strangulation by hands) EL are a strangulyatsionny furrow, reflection in it structural details of a loop, a loop (its material, a way of production, feature of knot tying), injuries of skin and subjects of fabrics, a thyroid cartilage and hypoglossal bone (graze wound, hemorrhages, fractures).

For a research of the called EL biol. origins are most often applied: histologic and cytologic techniques; analyses are applied to differentiation of intravital or posthumous formation of a furrow issue spectrography and biochemical. At obturatsionny asphyxia of EL grazes and bruises on skin at openings of a nose, mouth and on a mucous membrane of lips and gums serve; at obturation of an oral cavity and an entrance to a throat — foreign objects. Small objects and loose substances on volume can be found in a windpipe, large and average bronchial tubes. If foreign substances have flowability (e.g., emetic masses), then their existence can be established visually in branchings of bronchial tubes, but laboratory researches are necessary for definition of character of such substances (microscopic, chemical, etc.). The special type of mechanical asphyxia represents approach of death from aspiration of liquid during the drowning; value of EL under such condition gains character of liquid or the particles weighed in it, in particular plankton that obliges the expert to carrying out microscopic, chemical, spectrographic and other examinations. At compression asphyxia (a prelum of a thorax and stomach) EL are the damages which are localized according to a prelum of soft tissues, a bone skeleton and internals and also changes of integuments, characteristic of this type of violent death, in an upper body and in tissue of lungs.

EL on site of incident at poisoning from the death are: the remains of poisons in ware and packagings or syringes, recipes and records of chemical formulas, devices for preparation of toxic and strong agents, the emetic masses and other allocations found near a corpse on his clothes or in adjacent rooms, and at food poisonings — the remains of food or products from which it is prepared. Laboratory researches are made for detection of EL at this type of poisoning: court. - chemical, spectral, pharmakognostichesky, botanical, bacterial, and others (depending on an estimated source of poisoning); the toxicant established at the same time also is EL of poisoning. At the poisonings which ended with recovery, EL find in the emetic masses, rinsing waters, in urine, excrements and other allocations.

At defeat electricity of EL are traces of damages and metallization on skin, clothes and the footwear characterizing places of penetration and a vykhozhdeniye of a current. Methods are applied to a research of EL of this group: visual, histologic, contact and diffusion, method of issue spectrography, etc.

Other direction court. - medical examinations of EL the research of objects biol, origins is. Treat these objects: traces of blood, sperm, vulval allocations, saliva, urine, excrements, meconium, women's milk and amniotic waters, bones and bone remains (fragments, ashes), and also imposings of elements of fabrics and bodies on tools of a crime, hair, etc. They are found on site by incidents, on a body and clothes of victims or the suspected persons, on the weapon and objects used for causing violence; at the same time the expert on the basis of visual identification of an object shall not define specifically its nature as there can externally be similar traces and objects of various origin.

Character and a combination of EL and a condition of their identification depend not only on a type of external influence, but also on features of a crime. At investigation of production of criminal abortion on site incidents can be found the medicines, chemical substances and tools used at abortion and also traces of blood and even a part of a fruit; at a research of a corpse of the woman who died in connection with criminal abortion — various foreign objects in generative organs, traces of chemical or mechanical influence. At the expertizes which are carried out at investigation of sexual crimes, EL can be: damages, the traces of blood and sperm, vulval allocations and hair found on site incidents, on a body and clothes of the injured person and the suspect of commission of crime. If object of examination are parts of the corpse which underwent a partition, a bone or their fragments, ashes (after criminal burning of a corpse), then they represent EL. At their research methods of a comparative anatomy and histology, different types of a X-ray analysis, issue spectrography are applied, etc.

EL are subject to a research only in special court. - the medical laboratories operating in structure of bureau court. - medical examinations in edges, areas, autonomous and federal republics. In laboratories departments for court function. - biol., court. - chemical and physics and technology researches, at the same time an opportunity for rational performance of a complex of techniques is created. Doctors, biologists, chemists, the physicists and other specialists working in these departments receive special preparation and periodically undergo improvement, a cut allows to implement in practice of researches of EL the latest scientific developments in the field of forensic medicine and boundary sciences.

At the direction of EL in court. - medical laboratories along with the accompanying document shall be represented: the resolution of investigation authorities or definition of court on purpose of examination with a statement of the facts of the case, transfer of the objects sent to laboratory and the questions demanding permission; the protocol of survey and withdrawal of EL, the protocol of withdrawal of the samples represented for comparison; act court. - medical surveys (the victim, the suspect, the defendant) or researches of a corpse — in need of these documents; copies of the relevant medical documents from to lay down. institutions — at the direction of EL on court. - a chemical research.

Repeated and particularly complex examinations of EL are made in Research in-those court. medicine of M3 of the USSR; at the direction of EL for repeated examination the act of primary examination surely is submitted.

At receipt in court. - medical laboratory of parcel with EL for court. - biol., court. - a chemical or physics and technology research character and integrity of packaging and the seals is surely checked, at the same time pay attention to the text of a print. Registration of such data serves as the certificate in the relevant document that parcel came to laboratory in that look in what it was made and issued by investigation authorities or vessels; senders are immediately informed if disturbances of packaging and the press are found. At laboratory at the opening of parcel there have to be two employees, besides, checking of the list of EL specified in the resolution of investigation authorities or definition of court with the actual receipt of objects surely is carried out; at discrepancy of data by attendees the relevant document which is sent to the investigating or judicial authorities which sent to EL to laboratory is formed; if the called disturbances are not established, the research of EL is made. It consists in establishment of the nature of an object. Depending on character of an object and the questions posed specific and sexual differentiation is carried out it, group accessory is defined, data which specify accessory of an object to a certain person come to light; besides, questions of prescription, existence of damages, napr, a hair, bones, from external influences are resolved.

For establishment of the nature of an object, his specific, group, sexual, specific features in court. - medical laboratories the complex of the techniques applied in various combinations according to character and features of EL is used. Carry to these techniques morfol., gistol., cytologic, biochemical, serological, spectral and other researches (see. Medicolegal laboratory researches ).

The research of EL is made only for investigation authorities and court on the basis of «Rules of forensic medical examination of material evidences» and «Rules of judicial and chemical examination of material evidences in judicial and chemical departments of medicolegal laboratories of bodies of health care»; these Rules are approved by M3 of the USSR in coordination with Prosecutor's office and the Ministry of Internal Affairs of the USSR of 1/XII 1956 g.

In a special part of «Rules of forensic medical examination of material evidences» instructive-methodological instructions on a blood analysis, sperms, a hair, bones, tissues of a body of the person and animals, and also syrovidny lubricant, amniotic waters, meconium, a calla, urine, saliva, women's milk, colostrum etc. are stated. In a special part of «Rules of sudebnokhimichesky examination of material evidences in judicial and chemical departments of medicolegal laboratories of bodies of health care» the principles obligatory for the organization and practical implementation judicial chemical of examination of EL are stated. In addition to Rules according to scientific achievements and for quality ensuring examinations of EL biol, origins of M3 of the USSR are published and methodical letters become effective.

Production of examination of EL comes to the end with drawing up the official document consisting of introduction, a descriptive (legal) part and the conclusion. A descriptive part includes divisions: «The description of material evidences» and «Research» — at a judicial biol. examinations, and at court. - chemical researches — «External examination» and «the Chemical research». After conducting examinations in court. - medical laboratories with EL arrive according to «Rules of storage and destruction of material evidences in medicolegal laboratories» (The appendix No. 4 to the order M3 USSR No. 166 from 10/IV 1962 g).

See also Examination , medicolegal.


Bibliography: Bronnikova M. A. and A. S's Garkavi. Technique and technology of forensic medical examination of material evidences, M., 1963; Vinogradov I. V. and Gureev A. S. Laboratory researches in practice of forensic medical examination, M., 1966, bibliogr.; Zagryadskaya A. P. Definition of the tool of an injury at a medicolegal research of chipped and cut wound, M., 1968, bibliogr.; Karjakin V. Ya. Medicolegal research of damages by kolyushche-rezhushchimp-tools, M., 1966, bibliogr.; P and shk about in and V. I. Sketches of medicolegal osteology, M., 1963, bibliogr.; Tumanov A. K. Bases of forensic medical examination of material evidences, M., 1975; it, Serumal systems of blood, M., 1968, bibliogr.; Photographic and physical methods of a research of material evidences, under the editorship of H. M. Zyuskin and B. R. Kirichinsky, M., 1962.

V. M. Smolyaninov.

Яндекс.Метрика