OBTAINING AND PREPARING SOME OBJECTS FOR EXAMINATION DURING THE TRIAL OF CRIMINAL CASES

Abstract

The article presents theoretical provisions and practical recommendations based on them aimed at ensuring the legality and effectiveness of the court's work with individual objects of examination, in particular regarding the selection of biological samples from the person and the preparation of materials of criminal proceedings for expert research. It is stated that the quality of the examination depends not only on the competence of the expert and the validity of the methods used by him, but also on the state and volume of the material provided at his disposal, which requires the judge not only to have knowledge of the relevant rules of procedural law, but also forensic methods for obtaining and preparing objects for expert research. In order to avoid a situation where an expert for lack of research objects or identification features and, as a result, the presence of some doubts is inclined to a certain answer to the question under the influence of information about the general situation in the case (for example, the recognition of guilt by a person), it is proposed to provide the expert with only data and materials of criminal proceedings subject to direct research. In order to normalize the procedure and conditions for obtaining biological samples from a person for examination, it is necessary to develop an interdepartmental legal act. Currently, when deciding on the forced selection of biological material for expert research, it is proposed to take into account: the degree of public danger of a criminal offense; evidential significance of the data that are supposed to be obtained using physical impact measures (in particular, the presence of other evidence of certain facts and circumstances); the possibility of alternative methods of obtaining samples; the presence of a properly recorded refusal of a person to voluntarily provide biological samples and its motives; risks to the health of the accused, the manner of the procedure and the physical pain and mental suffering caused by it, etc.