14 forensic identification as a general theory. Forensic identification theory

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THE THEORY OF CRIMINAL IDENTIFICATION: STATUS, PROBLEMS, DEVELOPMENT PROSPECTS

Forensic identification

The theory of forensic identification occupies a special place among the general theoretical issues of criminology, as it is the scientific basis for the study of a number of areas in criminology, for example, the forensic doctrine of a person’s appearance, forensic research of traces and others.

In addition, its role is great in practical activities.

It should be noted that this topic presents a certain complexity, since the purely theoretical issues being considered are based on a basis of philosophical concepts.

In the presented work, whenever possible, the widespread use of identification, establishment of group affiliation and diagnostics in the investigation of crimes will be revealed.

The scientific nature of forensic identification is substantiated, the main provisions of which are theories of knowledge about individuality, the relative stability of objects of the material world and their ability to reflect their signs on other objects.

Concept and scientific basis forcriminalistic identification

Any crime is committed in the conditions of reality and, at the same time, inevitably in the environment where this or that crime is committed, various traces (images) are formed due to the universal property of matter as a property of reflection. And when solving crimes, there is often a need to determine from traces or other images the connection of a person, object (burglary tool) or other object with the event under investigation.

For example, in the city of Cheboksary, personal property was stolen from a private house. Upon receiving a report of a crime committed, a task force immediately went to the scene, consisting of: an investigator, a criminal investigation officer, a forensic specialist, a dog handler, and a local police inspector.

When examining the scene of the incident, they found: on the door - traces of a burglary weapon, on the box - traces of hands, near the front door - a key that did not belong to the owners of the apartment.

The dog handler and the local police inspector followed the trail of the criminal and came to one house, which was located 800 meters from the scene of the crime.

The key found at the scene matched the lock to the door of the house. During a search in the house, a number of things were confiscated from this MP and from other places of thefts, and burglary tools were confiscated - a crowbar-nail puller.

Subsequently, examinations established that fingerprints taken from the scene were left by the suspect and traces of a burglary weapon found on the door were left by a crowbar-nail puller seized from the suspect.

In the above example, identification (identification) of a person, an object with the event under investigation is carried out.

The term “identification” comes from the Latin word “identificare” - identical, the same and means establishing the identity of an object (person, thing, phenomenon, etc.).

To identify, to identify - this means using a comparative research method to determine whether a certain object is the one being sought.

Forensic identification is the process of identifying a single specific object from its various images from many other similar objects for the purpose of investigating and preventing crimes.

From the definition it is clear that, first of all, identification is a research process. Since it is a research process, certain individuals participate in it and establish this single specific object. They are usually called subjects of forensic identification. They can be various participants in the criminal process: investigator, investigator, judge, expert, victim, suspects, etc. Each of them solves identification problems in accordance with its procedural position and means permitted by law. For example: a) an expert, conducting a ballistic examination, determined that the bullet was fired from a given pistol; b) witnesses saw the criminal, remembered his appearance and can recognize him by mental image.

The definition indicates a way to establish a single specific object - these are various mappings of these objects.

It is known that each object has many properties and characteristics (shape, size, color, composition, etc.).

In forensic identification, not all properties and signs are studied, but mainly their external signs, features of the external structure of objects. These features of the external structure of objects, under certain conditions, are displayed on other objects. For example, the features of an ax blade (irregularities) are reflected in the cut mark on a tree, the features of a person’s appearance are reflected in the memory of another person, in a photograph, etc.

Thus, object mappings exist in various forms, namely:

1) display in the form of mental images that arise in people’s minds as a result of visual or other perceptions (signs of the criminal in the memory of the victim, features of the sound of a shot).

2) display in the form of descriptions, drawings made at the moment or after the visual perception of objects by the observed themselves or, according to their testimony, by other persons (investigator, artist, etc.) (orientations, subjective portraits).

3) display, as recording the reproduction of developed skills, for example, writing skills and handwriting in manuscripts, the method of criminal actions in the environment.

4) photographic displays and displays in the form of mechanical recordings of human speech and voice (phonograms).

5) display in the form of parts of objects and particles of matter (parts of a burglary weapon, fragments of headlight glass at the scene of an incident).

6) display in the form of various types of traces (traces of hands, feet, burglary tools, vehicles).

Depending on what display was used for identification, the type of identification itself is determined.

Types of forensic identification.

Depending on the nature of the display of the characteristics of the object whose identity is being established, there are 4 types of forensic identification.

1. Identification of objects by mental image. Presentation for identification is widely used in the practice of crime investigation when conducting an investigative action.

2. Identification of an object by its description. It is used mainly to search for criminals and stolen things, identify unidentified corpses, and also in forensic accounting.

1. Identification of objects by their materially fixed representations (traces, photographs, manuscripts, etc.) is the most common case of forensic identification, carried out in the process of conducting forensic examinations.

2. Identification of an object by its parts. It is carried out in cases where it becomes necessary to establish that these parts constituted a single whole before the destruction (separation) of the object. For example, by fragments of headlight glass found at the scene of an accident and removed from a car's headlight, this car is identified as a participant in this incident.

The scientific basis of forensic identification is the theory of the individuality and relative stability of objects of the material world and their ability to reflect their characteristics on other objects.

Let us briefly consider these provisions.

Individuality is the uniqueness of an object, its identity, equality with itself. In nature there are not and cannot be two objects identical to each other. The individuality of an object is expressed in the presence of a unique set of characteristics that another similar object does not have. Such signs for an object or thing are size, shape, color, weight, material structure, surface topography and other signs; for a person - features of the figure, structure of the head, face and limbs, physiological features of the body, features of the psyche, behavior, skills, etc. Since the objects of the material world are individual, identical to themselves, then, therefore, they are characterized by individual signs and properties. In turn, these object attributes are displayed on other objects. Mappings, therefore, are also individual.

On the other hand, all objects of the material world are subject to continuous changes (a person ages, shoes wear out, etc.). For some, these changes occur quickly, for others - slowly, for some the changes can be significant, and for others - insignificant. Although objects change constantly, for a certain time they retain the most stable part of their characteristics, which allow identification. The property of material objects to preserve, despite changes, the totality of their characteristics is called relative stability. The next important prerequisite for forensic identification is the property of reflecting objects of the material world, i.e. their ability to reflect their characteristics on other objects in various forms of displays, which we discussed above.

Thus:

Identification of objects of the material world associated with a crime event plays an important role in the process of solving and investigating a crime;

The scientific basis of forensic identification is the provisions of the theory of knowledge about individuality, relative stability and the ability of objects of the material world to reflect signs on other objects.

Objects and subjects of forensic identification. IdentificationSigns and their classification

Objects of forensic identification can be any objects of the material world that have a materially fixed structure. These are mostly solids.

Any process of forensic identification necessarily involves at least two objects, which are divided into:

Identifiable (identifiable);

Identifying (identifying).

Identifiable are those objects whose identity is established. These are objects that can be displayed on other objects. They may be:

1) person (suspect, accused, wanted, witness, victim, etc.);

2) corpses of people requiring identification;

3) items serving as material evidence (weapons, burglary tools, shoes, stolen items, vehicles, etc.);

4) animals;

5) the area or premises where the event under investigation took place, etc.

Identifying objects are objects with the help of which the identity of those being identified is established. They can be any objects on which (or in which) the signs of the identified object are displayed. For example, for a person, traces of hands, bare feet, teeth, blood, etc. can be identifying.

There are two types of identifying objects:

1) Physical evidence. Most often these are objects with traces of unknown origin, anonymous letters, typewritten texts, etc. The appearance of these objects is associated with the event of the crime being investigated, they serve as a means of proof in the case and therefore they are irreplaceable.

2) Samples are materials for comparison with physical evidence, presumably obtained from the same source, i.e. identifiable object. Such samples will be fingerprints of a certain person, obtained for comparison with fingerprints found at the scene of the incident, manuscripts of a specific person, obtained for comparison with the handwriting of the author of an anonymous letter, etc.

Depending on the method of preparation, free and experimental samples are distinguished.

Free samples are those that are made without connection with the crime committed (samples of a person’s handwriting in his letters).

Experimental - obtained during the investigation. For example, a text written by a suspect under the dictation of an investigator. The procedure for obtaining them is regulated by St.186 of the Code of Criminal Procedure of the RSFSR.

The subject of forensic identification can be any person carrying out evidence in a criminal case: investigator, expert, court.

Forms of forensic identification.

Identification can be carried out in two forms: procedural and non-procedural.

Procedural are those forms that are directly provided for by the criminal procedure code of the RSFSR and other republics. They can be carried out when:

Conducting identification examinations (Article 28-91 of the Code of Criminal Procedure of the RSFSR);

Presentation for identification (Articles 164-166 of the Code of Criminal Procedure of the RSFSR);

Inspection and certification (Articles 178-182 of the Code of Criminal Procedure of the RSFSR);

Seizure and search (Article 167.168 of the Code of Criminal Procedure of the RSFSR).

The identification results, reflected in the expert’s report and in the identification protocol, acquire the value of evidence.

The non-procedural form includes identification carried out for operational purposes. These include:

Conducting an expert study (expert certificate);

Conducting by the investigator, independently or jointly with a specialist, preliminary pre-expert examination of physical evidence (determining a person’s height based on shoe prints, etc.);

Verification (establishment) of identity using documents; · use of forensic and operational records, etc.

Features of objects that can be used to identify them are called identification features. They are divided into general and private.

General characteristics are inherent not only in a given object, but also in all objects of a particular group (species, genus). For example, all axes have a certain size and shape of the blade, any handwriting is characterized by sophistication, size, slope, connectedness, etc. Identification based on them cannot be carried out; they serve to narrow the range of objects being sought.

Particular features are those that are inherent in objects of one group and characterize the details of each object. For example, private signs of an ax blade can be nicks, dents, and private signs of shoe soles - cracks, scratches, patches, etc. They are the basis for identification. Sometimes a particular feature may be inherent in some other objects of a similar type. Therefore, during identification research, a set of both general and specific characteristics is used. Each sign is characterized by: size, shape, color, position, features.

Brief conclusions to question II:

in the process of forensic identification, various objects are examined, which are divided into two main groups: identifiable and identifying;

identification of objects is carried out by a set of characteristics inherent only to it, which are divided into general and specific.

Establishment of group affiliation and diagnosis, their significance

Establishing group affiliation in criminology is, first of all, a study as a result of which an object belongs to a certain group of already known objects. In this case (by analogy with identification) a distinction is made between installed and established samples.

If during identification one specific object is identified from a set of similar objects, then when group membership is established, the group (species, genus) to which the given object belongs is determined.

The establishment of group affiliation is carried out mainly on the basis of common (group) characteristics. With an increase in the number of signs, the circle of objects included in this group narrows (for example, a stain on a criminal’s clothing is left by blood, human blood, belongs to such and such a group, its origin is from such and such a place, etc.).

The establishment of group affiliation also takes place in the process of identification, being its first step, which serves to narrow the circle of objects among which a given object should be located.

Establishment of group affiliation is also resorted to in cases where:

1. The features displayed on the identified object are not sufficient to resolve the issue of identity (only group features were displayed, for example, shoe prints on crumbly soil).

2. The identified object has undergone changes to a degree that precludes identification (for example, the shoes that left a mark at the scene of the incident were then worn by the criminal for a long time, and its signs that appeared on the mark changed or disappeared altogether).

3. The mechanism for the formation of marks is such that they do not display features that individualize a specific object (for example, saw marks formed by a file, saw teeth, etc.);

4. When there is only an identifying one, the investigation has an identifying object (trace), but the object whose identity is to be established is unknown or not found.

5. When objects do not have the ability to be displayed on other objects, as they do not have a stable external form. These are most often granular and liquid substances. And sometimes there can be solids.

6. When determining group affiliation satisfies the objectives of the investigation (for example, determining the homogeneity of a shot found at the scene of an incident and seized from a suspect).

Group affiliation is established for:

1. Determination of the nature of an unknown substance. The issue is resolved using chemical, biological and other research methods, when the investigation is interested, for example, in what substance formed the stain on the suspect’s clothing, or what kind of liquid is in the bottle found at the scene of the crime.

2. Definitions of the essence and meaning of an object. In this case, forensic, technical and other studies are carried out in order to resolve questions such as whether this item is a firearm, whether this device is suitable for making moonshine, etc.

3. Assigning an object to a certain group, to a mass of substances. At the same time, various studies are carried out to determine, for example, the homogeneity of objects found at the scene of the incident and seized from the suspect.

4. Determining the source of origin or method of manufacturing an object (for example, counterfeit money).

The group affiliation of an object can be established by an investigator, a court, an operative worker both in a procedural and non-procedural form, by an expert only in a procedural form, and by a specialist only in a non-procedural form.

Types of establishing group membership are similar to types of forensic identification.

The concept of forensic diagnostics was first introduced in the early 70s by V. A. Snetkov. The term “diagnosis” is of Greek origin, which means capable of recognizing; recognition is the study of methods for recognizing diseases and the signs that characterize certain diseases. In the broad sense of the word, the recognition process is used in all branches of science and technology; it is one of the elements of the knowledge of matter, that is, it allows one to determine the nature of phenomena, substances, materials and specific objects. From a philosophical and logical point of view, the term “diagnostics” can be legitimately used in any branch of science.

The essence of forensic diagnostics can be defined as the study of the patterns of recognition of forensic objects by their characteristics (gender of a person by handwriting, distance of a shot by traces of the use of a firearm, height of a person by traces of feet, age of records by the properties of strokes, blood type by smeared traces of sweat, type firearms by traces on cartridge cases, type of clothing by the composition and properties of single fibers, etc.).

Being a special type of cognitive process, diagnosis differs from recognition and identification used in forensic practice.

When diagnosing an object, it is established by comparing the knowledge accumulated by science and experience about the group or class of corresponding objects.

In forensic identification, an object is identified by comparing two (or more) specific objects, each of which is individual.

The difference does not exclude the use of diagnostics in the initial stages of identification; moreover, it sometimes turns out to be useful for choosing the most effective identification method and assessing the significance of the identified signs.

Diagnosis can be carried out in procedural or non-procedural forms.

Diagnostics is especially promising within the framework of operational investigative activities carried out during the detection of crimes, as it provides operational workers and other persons with information to build versions of the search for suspects. Finally, such studies allow for rapid verification of persons suspected of committing a crime.

Valuable information for solving crimes and searching for those who commit them is provided by diagnostic studies of fibers and other micro-objects - particles of paint, glass, plant debris.

Thus, the introduction of diagnostic studies into the practice of internal affairs bodies is a very pressing problem.

As has been repeatedly emphasized in recent years in the works of various authors, the theory of forensic identification is one of the most mature and practically important forensic theories. (1) And there is every reason for such statements. Since the 50s of the last century, all prominent domestic criminologists (and not only them) have been engaged (and many continue to be engaged) in the problems of forensic identification as an effective means of collecting and verifying evidentiary information in criminal proceedings.

Such close attention paid by specialists to this topic (and hence the abundance of fundamental scientific works devoted to it) is explained by several reasons. Among them, first of all, it should be noted that this area of scientific knowledge historically turned out to be the first forensic theory that acted not as the sum of individual theoretical constructs, but as systematized, holistic knowledge, as an ordered system of concepts. “Systematization,” as noted by R. S. Belkin, “opened up prospects for further research in this area, gave a visual representation of the “blind spots”, unsolved problems and, thus, made it relatively easy to determine the points of application of forces and attract these forces.

As the theory of forensic identification was formed, its important methodological role in criminology and related fields of knowledge and its great practical significance became more and more obvious. This could not help but stimulate interest in the problem from ever wider circles of the scientific community." (2) While sharing the views of R.S. Belkin, reflected in the above quote, we are at the same time far from the blissfully enthusiastic, self-soothing assessment of the state of affairs that has developed in the theory of forensic identification. There is no doubt: a lot has been achieved. But not everything achieved meets strict scientific standards and fully meets the needs of criminal procedural practice. And the “blank spots” have been eliminated only in some part of them, and not along the entire front pressing problems.

Let us dwell only on some of them, which, in our opinion, require priority, in-depth and impartial analysis. 1. The modern concept of forensic identification is based on the fundamental idea of S. M. Potapov, according to which the practical solution of the identification problem is a study, as a result of which a conclusion can be drawn about the presence or absence of identity of any object. Moreover, “this process,” wrote S.M. Potapov, “is a comparative study of the attributes of a thing that are mentally separated in the imagination, but precisely those attributes that determine its identity and distinguish it from all other things.” (3) Subsequently, the mentioned signs were called identification signs. (4) There are various classifications of identification features proposed in the scientific literature.

The most general, in our opinion, is to divide them into external and internal characteristics. Traditionally, criminology theorists in their works have paid and are paying the main attention to the problem of identifying objects based on signs of external order (signs of the external structure of objects - in traceology, signs of a person’s appearance - in habitoscopy, etc.). The results of research carried out from the perspective of this approach played their main, determining role in the development of general and specific models of identification technologies, principles and conceptual apparatus of the theory of forensic identification.

However, in modern conditions, much of what has been created in this regard, in our opinion, needs to be rethought from the position of involving in criminal proceedings many different, previously unknown objects of research, and the latest achievements of scientific and technological progress. The fact is that the general provisions of theory, technology, and identification methods in a certain part no longer reflect the realities of today and are not adequate to them in all respects. The current situation is most clearly visible when looking at the theory of forensic identification from the perspective of achievements in the field of genoscopic (genotypskopetic) identification, based on original, fundamentally new conceptual provisions (principles, objects, methods, etc.).

Drawing attention to this issue, E.P. Ishchenko rightly states that research in the field of gene identification will inevitably influence the further development and enrichment of the theory of forensic identification. “The transition from identification by external signs (traces of contact interaction, as well as images imprinted in the memory of eyewitnesses) to identification by internal, essential characteristics (genotype of a biological object, physicochemical features of the structure of the surface and volume of objects of inorganic nature), adds the said author , “will mark a qualitatively new level of development of criminology and will put on the agenda the issue of improving the norms of the current Code of Criminal Procedure of the Russian Federation.” (5)2.

New times and new life not only dictate the need to fill existing gaps in knowledge, but also often form the task of reassessing those values that previously seemed unshakable, primarily in relation to the subject of our analysis. The foregoing relates to the issue of clarifying ideas about the essence and characteristics of some traditional, but dilapidated concepts from frequent use.

In this regard, the issue of developing optimal definitions of forensic identification as a method and process for solving practical problems seems very relevant. In most cases, the definitions of these concepts formulated by various authors are based on the ideas of S. M. Potapov. Their essence boils down to the fact that identification as a process of cognition is a system of real actions performed in a certain sequence to establish the fact of the presence or absence of identity of any material object (person, object, etc.) investigated in criminal proceedings. (6) It is noteworthy that all definitions of this type contain elements of tautology, because to identify in translation from Late Latin means to identify.

In addition, if assessed from the standpoint of logic, they belong to the category of implicit, i.e. needing clarification. First of all, the question of which group includes those objects whose identity is being established needs clarification. In the scientific literature, this question is answered approximately as follows: a variety of individually defined material formations (in the terminology of R.S. Belkin) are bodies that have a stable external structure. (7) The indicated answer is overly general and needs to be specified based on the implementation of a logical operation, for example, the limitation of a concept as a process of transition from a concept with a larger volume, but with less content, to a concept with a smaller volume, but with more content. Some scientists have managed to successfully solve this problem.

One of the authors of this article substantiates the position that to identify or establish identity means to receive an accurate, evidentiary answer to the question that the trace(s) submitted for research were left by the person being tested, and not by some other trace-forming object. Recognizing the fact of the absence of identity means obtaining knowledge that the object being checked, the identity of which is assumed, is not the one being sought, and that the trace-forming role in this case is played by some other object, unknown at the time of the study. (8) In line with the same understanding of the issue lies the position of R. G. Dombrovsky.

“In its essence,” he notes, “criminalistic identification is a specific method of cognition in the investigation of criminal actions. Its task is to find the object that left this trace from the many possible objects left behind.” (9) Such statements are based on practical realities, reflect the practice of identification research, and serve the purpose of their optimization. Thus, everything that lies outside the scope of solving the problem of establishing the identity of the trace-forming object, in our opinion, has nothing to do with forensic identification.

A clear limitation of the focus and limits of forensic identification seems to be a very important matter, having great scientific, didactic and practical significance. Undefined, blurred boundaries of the target focus and field of application of this method inevitably lead to its replacement of other methods of evidentiary knowledge (the method of forensic diagnosis; the method of forensic reconstruction; the method of establishing a common source of origin, etc.), which leads to confusion of concepts, misunderstandings, fruitless discussions, erroneous recommendations and other undesirable consequences that do not contribute to the further development of the doctrine of methods, techniques and technologies of forensic science. 3. In the theory of forensic identification, it is generally accepted that one of the types of this identification is the establishment of the whole by its parts.

“A type of individual identification,” write the authors of one of the textbooks on criminology, “is the so-called “identification of the whole by its parts (fragments)” or, in other words, the establishment of the fact of mutual belonging of parts to a single whole. When solving this problem, fragmented parts of an object are combined with each other (fragments, fragments, parts, scraps of paper, etc.) and study the mutual display of signs of the external structure of parts on overlapping separation surfaces.” (10) We have serious doubts about the validity of this provision. Establishing the whole from its parts is an important, widespread practical problem, usually resolved within the framework of forensic research. However, in our opinion, it is not identification, but belongs to the number of reconstruction tasks.

Therefore, its solution is based on provisions developed not in the theory and technology of forensic identification, but in the field of theory and technology of forensic reconstruction. It is also important that the process of obtaining reconstruction knowledge itself does not involve samples for comparative analysis, knowingly obtained from the object being tested, the identity of which is being established. In addition, what is especially important, this object itself does not participate in this process.

But according to all the canons of the theory of forensic identification, the absence of an identifiable object (at worst, its full-fledged substitute, for example, a photograph of an identifiable person) excludes the very possibility of identification. In addition, the process of establishing the whole in parts is based only on the results of studying the characteristics of objects of the same order - parts of some unknown object at the time of the initial stage of research.

The parts under study belong to the category of traces-objects: either traces-documents, or traces-substances. According to the mechanism of their formation, they are divided into traces of separation and traces of separation (dismemberment). The subjects of establishing the whole from the parts under study do not have other materially fixed objects presented for direct perception. The truth of the axiomatic proposition that one part cannot be identical to another (others), just as it cannot be in a relationship of identity with the established whole, hardly needs argumentation.

The possibility of identity in the system “a set of parts and a whole” is also excluded. The whole can be identical (equal) only to itself and nothing (no one) else. (So, everything that is contained in a drop of sea water is also contained in the sea. However, a drop can never be in a relationship of identity (the highest degree of equality) with the sea. If only because the sea contains a lot of things that are not in a drop, in including a great many of the same, but not the same drops).

Therefore, the study of parts involves clarifying their connections and relationships with each other and their relationship to some kind of whole. Solving these problems goes beyond identification. It does not give knowledge about identity or lack of identity. Obtaining this knowledge formulates a new, fundamentally different task of identifying the object that contributed to the formation of parts as products, traces of its destructive impact on the whole. Consequently, deciding whether the indicated trace objects belong to some whole does not mean establishing under the influence of which object the parts under study were formed, that is, identifying the trace-forming objects.

And this task itself is not posed in this case, since we are not talking about the instrument, the means of the mentioned influence, but only about the connection of the elements with each other and their relationships to a certain whole that existed right up to the moment when the process of destructive influence on its material began. substance. 4. Based on the nature of the mappings used as means of identification, forensic identification is divided into two types: 1) identification by materially fixed mappings; 2) identification by mental images (memory traces). Life, investigative and forensic experience have long proven the validity from a logical and factual point of view, the scientific and practical significance of such a division.

Another thing that attracts attention is the obvious discrepancy in the levels of development of these areas of forensic identification. In the structure of long-term scientific research, the clear favorite (as it happens) is occupied by forensic identification using material-fixed displays. Numerous doctoral and master's theses, monographs, textbooks and a great variety of other literature are devoted to this topic, which examines the most diverse aspects from the field of general theory and certain types and areas of forensic identification based on traces of traceological, ballistic and other nature.

This abundance sharply contrasts with what has been done and what has been achieved in the field of tactical direction of the theory and practice of forensic identification by mental images. In both large and small works devoted to the theory of forensic identification, identification by mental image is discussed only in passing, in a few phrases, along with consideration of other issues. Until now, not a single serious comprehensive analysis of the numerous problems in this area of scientific knowledge has been carried out. As a result, the study of the relevant literature can and often does lead the inexperienced reader to the idea of the elementary, simplicity of the corresponding process of cognition, which is by no means true.

The provisions do not save, and the impressions do not change, and more or less active developments carried out in investigative tactics, devoted to the technology of one of the main types of criminal procedural identification by mental image, implemented in the form of such an investigative action as presentation for identification. The quality of these developments in a number of areas is still far from the desired level. To a large extent, this is due to the lack of development of general issues of identification by mental image, carried out both during the criminal procedural activities of the subjects of criminal prosecution and beyond, but in an area that is also directly related to the problem of fighting crime. In our deep conviction, largely dictated by the growing trend in the number of cases of mistaken identification, in modern conditions the task of creating a forensic doctrine of identification by mental image as a system of theoretical knowledge about this process, which, according to a number of provisions, principles, approaches, methods differs significantly from a similar process, which is based on the study of materially fixed traces.

Identification of the specified originality and specificity of the patterns of identification by mental image will make it possible over time to more purposefully and productively carry out applied research in this area of forensic identification. On the other hand, the results obtained will be useful for filling in “blank spots”, eliminating “black holes”, clarifying, deepening, and enriching knowledge in the field of general provisions of the theory of forensic identification (general theory), one of the most important components of which is the doctrine of forensic identification by mental image.

The need to adjust and clarify the general provisions of the theory of forensic identification is due to a number of circumstances, including the fact that a number of these provisions (procedures, principles, etc.) are not universal, comprehensive (for their level) in nature. This refers to those provisions that are not actually developed on the basis of the general laws of the corresponding types of identification activities, but reflect only the results of research into identification based on material displays and can not be applied in all cases, but only in this area of practical solution of identification problems and mainly during forensic examinations. 5. Among the “pain points” of the domestic theory of forensic identification is the problem of the so-called group identification (in the words of M. V. Saltevsky - groupification). Despite many years of discussion, this problem still remains hotly debated. The opinions of scientists on this matter are divided: some authors believe that it is legitimate to talk about forensic identification only in the context of establishing the identity of individual, one-of-a-kind objects, others are inclined to believe that, along with individual, there is also group identification as the process of establishing the belonging of the object being studied to to one or another group (set, class, genus, etc.).

From what was said above, it is not difficult to understand that we are convinced supporters of the first point of view. It is expressed by very succinct and precise judgments expressed almost 50 years ago by G.M. Minkovsky and N.P. Yablokov, who, pointing out the inconsistency of the term “group identification,” emphasized that “an object can only be identical to itself. In this case, we are talking about the object’s belonging to a certain group, that is, about its similarity with some other objects.

Therefore, we must talk about “establishing group affiliation (similarity of similarity).” (11) To what has been said, we should only add that in the modern view, what is still defined by some authors as group identification is actually classification recognition. (12) Identification has nothing to do with it, since any element included in any group of similar elements cannot be identical to any other elements, much less their totality. The inconsistency of the concept of group identification is especially clearly demonstrated by the example of the analysis of the results of the identification process according to a mental image (recognition, recognition).

If this process results in the determination that the object (or person) being checked, presented for identification, is the same, similar to the one that was previously perceived by the subject of identification, then this does not mean at all that the person being checked is the very object whose identity is installed. And it is unlikely that anyone will dare to call this result any kind of identification, since the concepts “similar”, “same”, as we noted above, are far from synonymous with what is meant by the words “the same”.6. Forensic identification is distinguished from other types of identification not only by the purpose and scope of the first, but also by other characteristics.

We are talking about a holistic set of certain characteristics, and not about individual characteristics, some of which may be characteristic of various types of non-forensic identification. This set is formed by the following circumstances: 1) objects of forensic identification are individually defined material substances that have a stable external structure; 2) forensic identification is carried out according to the corresponding mappings of the stable properties of the identified objects; 3) the scope of application of forensic identification is not limited to forensic research; investigators, other subjects of evidence and participants in criminal proceedings can act as subjects of identification; (13) 4) the solution of identification problems is carried out not only at the stages of preliminary investigation and trial in criminal cases, but also at the stage of initiating a criminal case. It seems that all these provisions should be taken into account when developing general and specific definitions of forensic identification. So far this has not happened. Among the existing definitions of the phenomenon under consideration as a method and process of cognition, the formulation of NA Selivanov most fully corresponds to the criteria of laconicism and specificity.

In his opinion, identification as a method of cognition is a system of principles and techniques that define the scientific approach to research aimed at establishing the presence or absence of identity in criminal proceedings. As for identification as a process of cognition, it is, according to N.A. Selivanov, can be characterized as a system of “real actions performed in a certain sequence to establish the presence or absence of identity.” (14) The above formulation of the identification method reflects modern ideas regarding the content of the method, as a typical information model, which includes a system of principles and rules that must be followed when solving any scientific or practical problem.

The definition of the identification process needs clarification, since in fact it characterizes not the process, but the method of identification. The fact is that method as a category of an ideal, individual order “always finds embodiment in objective reality through some rational methods or techniques.” (15) It follows that the concept of a process is broader in scope than the concept of a method for solving a problem. The last concept is one, albeit the most important, component of the first.

From this point of view, close to the truth, in our opinion, are definitions whose authors proceed from the understanding of forensic identification as the process of establishing the identity of an object being studied in criminal proceedings on the basis of a comparative analysis of the characteristics of the identified and identifying objects. (16) However, definitions of this type contain a common drawback, which we have already pointed out: they do not answer the question about the group membership of the identified objects.

In light of the above, it seems possible to propose the following options for forensic identification as a method and process for purposefully solving relevant problems in the field of criminal procedure. Forensic identification as a method of cognition is a product of scientific creativity, containing a system of knowledge (concepts, principles, procedures, techniques) about how in criminal proceedings a particular task related to establishing the identity of an individually determined trace-forming object should be solved.

Forensic identification as a process of cognition is a pre-prepared activity of the subject of establishing the identity of an individually identified trace-forming object, implemented in criminal proceedings, based on the provisions of the scientific model of the method of forensic identification. 7. The weak link in the theory of forensic identification still remains the problem of systemic characteristics of this theory. The vast majority of researchers silently ignore it. It is touched upon only in the works of individual authors, but not as a subject of special research, but as an insignificant component of the overall complex of issues being studied.

Thus, in the works of B.I. Shevchenko draws attention to the fact that, along with the general theory of forensic identification, there is such a less general subsystem as the theory of identification in forensic traceology. (17) A similar idea was reflected in the works of V.F. Orlova, who substantiated the existence of a general theory of forensic identification and a theory of identification in handwriting science (the theory of graphic identification). (18) Following them, R.S. Belkin came to the conclusion that there are two subsystems in the structure of the theory of forensic identification: a general theory and particular, in his words, sectoral theories of forensic identification.

Justifying his position, he quite correctly pointed out that particular forensic theories (particular in relation to the general theory of forensic science) can be differentiated depending on the degree of generality and the nature of their subject. They can be "more general" or "less general". Everything depends on the nature and range of phenomena and processes they cover, on the scope of the subject area of each. The general theory of forensic identification in this context has a greater degree of generalization than, for example, the theory of traceological identification. At the same time, the latter is a more general system compared to such subsystems of this area as the theory of mechanoscopic identification and the theory of homeoscopic identification. (19) Analysis of the proposed R.S. Belkin's construction ("the general theory of forensic identification - private-industry theories of forensic identification") shows that it does not have a sign of integrity.

This is indicated by the absence in it of such an important intermediate link as the doctrine of forensic identification by materially fixed displays and the doctrine of forensic identification by mental image. There is every reason to believe that the theory of forensic identification, being an integral systemic formation, consists of three parts: 1) the general theory of forensic identification (20) (general level); 2) doctrines of forensic identification by materially fixed traces and doctrines of forensic identification by mental image (special level); 3) sectoral theories of forensic identification (doctrines about identification in forensic traceology; doctrines about identification in forensic speech science; doctrines about identification in forensic tools, etc.) with all their less general components (individual level).

This model can be used as a guide to determine the main directions for further research in the field of theory and technology of forensic identification and to systematize existing and newly acquired knowledge.

Apparently, it makes sense to carry out the mentioned research in three directions. The first is problems related to the further development of the general theory of forensic identification. The second is problems associated with the need to clarify, expand and deepen knowledge in the field of forensic identification using materially fixed displays and mental images. Third, the problems of developing certain types of industry-specific forensic identification. The general goal of these studies at the present stage is to identify and eliminate contradictions, “blank spots”, “black holes” and “pain points” existing in this area of scientific knowledge.

The questions we have raised do not exhaust the entire range of problems of the modern theory of forensic identification. A number of issues that require special detailed discussion remained outside the scope of our study. (For example, the problem of identification principles is directly related to them, as well as the discussion that has unfolded in the literature about whether forensic identification is both a method and a process of cognition, or only serves as a process for solving a cognitive problem).

However, what has been considered seems sufficient to form a very definite idea that the theory of forensic identification has not yet become an integral, complete and consistent system of scientific knowledge. There is still a lot to be done on the way to its advancement towards an adequate reflection of reality - its objective domain. It is unlikely that this goal will be achieved without a radical update of the conceptual foundations and clarification of a number of fundamentally important aspects of the traditional scientific paradigm (21) of forensic identification.

N.A. Selivanov defines forensic theory as a system of concepts, principles, concepts, knowledge about regular connections, “concerning problems both common to the entire science of criminology and related to its individual parts. The first represent general forensic theories (doctrines), the second - private." According to this author, the theory of forensic identification is one of the general forensic theories. Paradigm is the initial conceptual scheme, a model for posing problems and their solutions, as well as research methods that prevailed in a scientific society during a certain historical period.

Literature

1. “Forensics”, ed. R. S. Belkina, M., YuL, 1986.

2. “Forensics”, ed. N. P. Yablokova, V. Ya. Koldina, Moscow State University, 1990.

3. Koldin V. Ya. Identification in the investigation of crimes. M., YuL, 1978.

4. “Forensics”, ed. I. R. Panteleeva, N. N. Selivanova, M., YuL, 1988.

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When investigating crimes, there is often a need to use traces and other images to determine the connection of a person, object or other object with the event under investigation. For example, using handprints to determine who left these traces; to find a car based on the traces of a vehicle, etc.

Forensic identification(from Late Lat. identifiсo - I identify) means establishing the identity of an object or person based on a set of general and particular characteristics.

Identify (identify) an object- means, through a comparative study of mappings or fragments, to establish its identity with itself, at different moments of time and in its different states.

Comparison- one of the methods of cognition; the study of two or more objects of research in order to identify both common, unifying, and existing differences. Changes that cause differences may naturally follow from the actions of some factor (for example, age-related changes in handwriting characteristics) and arise under the influence of reasons unrelated to the characteristics of the object; significant (indicating serious qualitative changes that radically changed the object) and insignificant (causing a change in only some properties of an object that remained essentially the same).

Identification and assessment of differences between objects belonging to the same or different groups (genera) in criminology and forensic science is called discernment or differentiation. If a positive result of identification means the establishment of identity, then differentiation means its absence. Differentiation can also act as an independent task.

The term “forensic identification” is used in three meanings :

target(task) and the result of the research itself;

process research as a system of actions performed in a certain sequence to solve the problem of identification;

theoretical concept(theory) about the general principles and techniques of identifying material objects as a way of establishing truth in the process (criminal, administrative, civil, arbitration).

Identity or sameness of an object means, first of all, its uniqueness, individuality, difference from other objects similar to it. The theory of forensic identification is based on doctrine of dialectical identity, which comes from the recognition of individuality and uniqueness of objects of the material world. We can talk about the presence of similar objects, which are united on the basis of similarity into classes, genera, and species, but there cannot be two completely identical objects that coincide entirely. Forensic identification is one of the means to help establish the truth in legal proceedings.

Search and identification activities carried out by authorized persons in order to disclose and investigate the crime properly. It is aimed at identifying unknown material objects based on their traces and clarifying the connection of these connection objects with the event under investigation.

The specificity of identification in forensic science, in contrast to physics, chemistry, biology and other sciences, is that the goal of forensic identification is individual identification, i.e. establishing the identity of a specific (single) object. Identification in other sciences is considered establishment of class, genus, species, object. The object is “not the same”, but “the same”. The difference lies both in the very essence of the identification carried out and in the forms in which it is carried out.

Basic conditions for forensic identification:

Individual definition of objects;

The presence of stable signs characterizing them;

Carrying out identification by displaying these features;

Use of identification in forensic case research.

Forensic identification is carried out as in procedural(expert, investigative, judicial), and in not procedural(during preliminary examination of objects, checks on records, during operational investigative activities) forms.

Forensic identification should be considered in three aspects: as a private scientific forensic theory, as a research process and as a certain practical result.

private scientific forensic theory- this is the doctrine of the general laws of establishing the identity of materially defined objects to themselves in different periods of time, developed and used for the purpose of obtaining forensic evidence.

Forensic identification as study is a process of cognition that allows one to establish the presence or absence of an object’s identity with itself based on certain reflections in the external world, i.e. identify a single object related to the crime.

Forensic identification as goal or result– this is the establishment of the fact of the presence or absence of identity, which is evidence in a criminal case.

The scientific foundations of the theory of identification include the following provisions.

1. All objects of the material world are individual, i.e. are identical only to themselves.

The individuality of each object is determined by a set of properties inherent only to this object. Individual properties can and should be found in other objects, but taken together, as a complex, they characterize only this object. Accordingly, each object has an identification set of characteristics. And this complex, and not individual, even numerous, features serve as the basis for the conclusion about the presence or absence of identity.

2. All objects of the material world are relatively stable and at the same time changeable.

In the complex of properties inherent in an object at specific moments of its existence, constant changes occur - some properties are preserved, others change somewhat, others disappear, but new ones appear in their place. The identification complex of features displays a set of properties inherent in an object at a given moment.

Changing an object during its existence leads to the fact that the complex of properties changes; a moment comes when quantitative changes turn into qualitative ones and a new set of properties practically appears. However, during the period until a qualitative leap has occurred, it is possible to identify an object by its display. This period is called identification period of this object. Naturally, the identification period for different objects has different lengths.

3. All objects in the course of their existence are in constant interaction, in contact with other objects.

As a result of interaction, contact, a complex of properties of one object is displayed and goes into an identification complex of features in a trace on another object.

Topic 4: THE THEORY OF FORMINAL IDENTIFICATION.

When investigating crimes, there is often a need to establish the identity of certain objects. So, for example, it is necessary to identify the weapon from which the shot was fired, to identify the person who left traces of hands or feet at the crime scene, etc.

This establishment of a specific individual object in its various states or manifestations is called identification or identification.

It is necessary to distinguish between the concepts of identity and similarity. Sometimes, when comparing similar objects with each other, they say that they are identical to each other. It's wrong to say that. When establishing identity, they mean the coincidence of a set of characteristics belonging to one single object. Meanwhile, when they talk about similarity, they mean the relationship of two or more objects, the coincidence of a number of characteristics of several objects. No matter how far the similarity of several objects extends, it is not identity. Identity is the equality of an object to itself. At the same time, it is different from everything else.

The material world is extremely diverse. Each object has a certain set of properties inherent to it alone and is individual. At the same time, there are no immutable things in nature, and, therefore, the properties of objects change over time. However, a certain set of properties still remains unchanged and stable. It is precisely because of this totality, otherwise called the identification field, that the object is identified.

An identification field or a complex of identification features is a set of individually defined, stable features, unique or rare in their correlation, location, relative position and other features in the objects being compared. Identification features are the characteristics of an object used for identification.

Thus, to summarize what has been said, it can be noted that the prerequisites, the basis for identification are:

the individuality of an object, which consists in the fact that it has such a combination of characteristics that are not repeated in another object;

relative stability of the object’s attributes, i.e. during the period of time when the object left its traces until the moment of its identification, the essence of the object does not change;

the ability of an object to be reflected on another object.

Any object, depending on the direction of reflection of features, can be both displayed and displaying. An ax used by a criminal for burglary displays signs of its parts on the barrier. At the same time, he perceives traces of the criminal’s hands, particles of obstacles, paint, etc.

Based on these principles, all objects of forensic identification are divided into identifiable and identifying.

Objects of forensic identification.

Identifiable objects are understood as objects that display their properties in other objects. They are the primary sources of identification information.

Identifiers include objects that reflect the properties of other objects: these are material traces in the broad sense of the word (including photographs, particles of materials and substances), as well as a mental image. These are carriers of information about other objects.

Some scientists have proposed that an object that, according to the assumption, may be identifiable (searchable) be called verifiable. If the assumption turns out to be correct, the object being tested becomes identified and, in relation to it, the concepts of the object being tested and the object being identified are combined.

Let's look at what has been said with an example. Spent cartridges from a Makarov pistol were found at the scene of the armed attack. Some time later, in another place, a robbery was committed again and cartridges from the same pistol were found. Naturally, the investigator had a question: were the same or different pistols used in the commission of these crimes? The identifying objects in this case are shell casings from both crime scenes. Makarov pistols seized during a search or arrest will be inspected objects. And only if the pistol being tested turns out to be the one from which the shots in question were fired will it become identifiable.

During identification, not only identifiable and identifying objects are used, but also comparative samples.

Suppose a note with a threatening inscription is discovered, and there is a person suspected of writing this note. In order to find out whether this person really wrote the note, it is necessary to take comparative samples of his handwriting. The same applies when any biological substances are detected.

Comparative samples must meet certain requirements:

they must come from the objects being checked;

must have a sufficient amount of properties of these objects.

Comparative samples are divided into two categories:

free - samples that were formed before the initiation of a criminal case and are not related to it;

experimental. These samples are confiscated by order of the investigator, after the initiation of a criminal case when drawing up a protocol, with the participation of witnesses;

conditionally free. Such samples arise after the initiation of a criminal case and may be associated with it, but are prepared without observing procedural rules. For example, an explanatory note on the case or a protocol written in one’s own hand.

So, we examined the concept of identification, its scientific foundations and objects of identification, i.e. identifiable, identifying, verifiable, among which there must be the desired and comparative samples. But when talking about identification, we are talking about the identity of an object to itself, but in practice we often have to face the need to determine which group the object we are looking for belongs to. For example, the question may be asked what substance left the stain, what kind of tool was used to break in, etc.

Such studies are the definition of group membership. When determining group membership, it is only stated that the object under study belongs to a known class, is the same in its genus or type (for example, it is a typewriter of a certain brand and model).

Determining group membership is usually a necessary step, the first step in establishing identity. So, for example, if you need to identify a weapon by a fired bullet, first they compare the features characterizing the type and model of the weapon, and then proceed to study the traces of fine relief of the barrel bore, which indicate a specific instance of the weapon.

Determining the group to which an object of interest to investigative authorities belongs is used when developing versions, narrows the search, makes it easier and faster.

In some cases, determining group affiliation makes it possible to exclude the involvement of a particular object in the event under investigation. This can lead to clarification of the suspect’s innocence and encourage the advancement of another version to replace the one that has disappeared.

As you can see, the establishment of group membership or the establishment of identity depends on the characteristics of the object, which we briefly discussed at the beginning. In order to have a deeper understanding of them, let's consider this issue in more detail.

Concept and classification of identification features.

Only those characteristics that are characterized by relative stability and are capable of remaining without significant changes (maintain qualitative certainty) during the so-called identification period can be classified as identification characteristics, i.e. from the moment the corresponding objective connection is made until the question of identity is resolved.

An important characteristic of an identification feature is its frequency of occurrence in similar objects, and therefore its identification significance: the less frequently it occurs, the higher its identification value.

Identification features are divided into:

general and private.

General characterize the structure of the object of identification as a whole (size, shape, color of the object, sophistication of handwriting, size and coherence of written characters in handwritten text). Particular features give an idea of the nature of individual parts of the object of identification (details of papillary patterns on the fingers and palms of the hands - bridge, peephole, etc.).

group and individual.

Group characteristics are inherent in all objects included in a particular group; their prevalence is very wide. An individual characteristic belongs only to an object of a given kind and, therefore, allows it to be distinguished from all other members of the group. Such signs are relatively rare. Thus, the individual characteristic of an item manufactured as part of a series of homogeneous numbered products is the designation of its number. This feature characterizes the object as a whole, and not any part of it. Consequently, according to one division it refers to general characteristics, and according to another - to individual ones.

external and internal.

The first characterize the external structure of an object, being on its surface (color, shape, external dimensions, relief elements, etc.). The second includes signs of the chemical composition and internal structure of the object.

qualitative and quantitative.

Qualitative features include the type, type, variety of papillary pattern on the skin of the finger; the manner of beginning or ending when performing a particular written sign; the shape of the wear area on the sole of the shoe.

Quantitative characteristics include, for example, the number of papillary lines between the center and delta of the finger pattern; the number of rifling in the bore of a firearm; the angle of inclination of the rifling; height and width of written characters in handwritten text, etc.

necessary and accidental.

Necessary are all those signs of an identifiable object in which its essence is manifested. Random features include those that do not affect the essence of the object. For example, for a pistol of a particular model, the following characteristics are necessary: a material composition that ensures proper strength; dimensions of the trunk and its channel; presence, quantity, direction and steepness of rifling. Various types of micro-irregularities (scratches, dents, traces of corrosion, etc.) that arise during the manufacturing, storage and use of the pistol are random in nature. Without changing the essence of a pistol as an object for a specific purpose, these random signs play a large role in the field of forensic identification, since thanks to them, the parts displayed on bullets and cartridges when fired acquire individuality.

Other divisions of identification characteristics are also possible.

Types of forensic identification.

According to Professor N.I. Selivanov, the following divisions seem consistent:

by type of identified objects: identification of objects, living beings, identification of phenomena, processes, concepts;

by the nature of the identity being established: individual identification and establishment of group affiliation;

by the nature of the mappings that are used as means of identification: identification by materially fixed displays, identification by mental image and establishment of the whole by parts. When establishing the whole in parts, the fragmented parts of the object (shards, fragments, scraps of documents, etc.) are combined with each other and the mutual coincidence of signs of the external structure on the separated surfaces is studied. When identifying a whole by parts, the identified object is the object as it was before division (dismemberment), and the identifying objects are its parts;

by the nature of the actions within which identification is carried out: identification through procedural actions: a) through investigative actions, b) through judicial actions; identification for operational purposes (preliminary examination of physical evidence, including operational identification based on forensic records).

In recent years, forensic diagnostics, focused on recognizing a condition, event, phenomenon, or process, has begun to play an increasingly important role. Another name for it is identifying signs of a non-identifying nature.

Thus, from the tracks of bare feet one can not only identify a person, but also find out the direction and speed of his movement, the fact of carrying a load, defects of the musculoskeletal system, and physical condition. Based on the traces of a burglary, one judges the method used, the professional skills of the burglar, his physical strength, dexterity, etc.

The concept of “diagnostic studies” includes: 1) determination of the properties and state of the object; 2) clarifying the circumstances of the incident; 3) establishing a causal relationship between known facts.

With a diagnostic analysis of traces found at the scene of an incident, it is possible to establish the circumstances of the criminal event. Using the traces, you can reconstruct the mechanism of such an event, find out the sequence of formation of traces, and on this basis determine the sequence of actions of the criminal. For example, by the shape, condition and location of blood stains, it is possible to determine: the place of injury to the victim, whether his body moved, where it was, in what position, etc.

Thus, in forensic diagnostics, the signs of an object (phenomenon, event) are first studied by its reflections or in kind. Then, based on the conclusion about the characteristics (properties) of the object or the conditions of the event, a comparison is made with typical situations of a similar criminal event. This makes it possible to understand what patterns emerged in this case, to explain the existing deviations from the standard variant and, on the basis of this, to put forward new assumptions about what happened.

Subjects of identification.

The subjects of identification can be various participants in the criminal process: investigator, expert, specialist. Each of them solves these problems in accordance with their procedural position, the means allowed to them by law.

The expert always makes identification in a procedural form; the investigator and the judge use both procedural and non-procedural forms for this; specialist - only non-procedural.

The legal significance of the identification results carried out by various participants in the criminal process is not the same. The conclusions about identity that an expert comes to have evidentiary value, but the conclusions that a specialist comes to have no evidentiary value.

Identification research process.

In each identification process associated with resolving the issue of identity, regardless of the type of examination, three stages can be distinguished:

separate study;

comparative research;

evaluation of the results of a comparative study.

In the case when the identification is carried out by an expert, another stage is distinguished - the preparatory stage, when the expert checks the correctness of the procedural design of the examination, the sufficiency of the materials presented for the study and their suitability.

In a separate study, features are identified in each object, and the identification field of these objects is studied.

At the next stage, identification characteristics are compared. Moreover, the comparison of features goes from general to specific. Thus, if the general characteristics are different, then there is no need to talk about the identity of objects, but it is too early to speak about identity even when the general characteristics coincide. After comparing general characteristics, the comparison of specific characteristics begins. Only after this can we proceed to assessing the results of the comparative study.

The result of an expert identification study can be categorical and probabilistic. A probabilistic conclusion is made by an expert if the complex of identification features is insufficient for a categorical conclusion. Such a conclusion has no evidentiary value.

Plan.

1. The concept of forensic identification

2. Types and forms of forensic identification

3. Establishing group affiliation in criminology

4. Forensic diagnostics

Bibliography

1. The concept of forensic identification

The term “identification” comes from the Latin word “identificare” - identical, the same and means establishing the identity of an object (person, thing, phenomenon, etc.).

To identify, to identify - this means using a comparative research method to determine whether a certain object is the one being sought.

Forensic identification is the process of identifying a single specific object from its various representations from many other objects similar to it for the purpose of investigating and preventing crimes.

a) an expert conducting a ballistic examination determined that the bullet was fired from this pistol;

b) witnesses saw the criminal, remembered his appearance and can recognize him by mental image.

The definition indicates a way to establish a single specific object - these are various mappings of these objects.

It is known that each object has many properties and characteristics (shape, size, color, composition, etc.).

Thus, object mappings exist in various forms, namely:

· display in the form of mental images that arise in people’s minds as a result of visual or other perceptions (signs of the criminal in the memory of the victim, features of the sound of a shot).

· display in the form of descriptions, drawings made at the moment or after visual perception of objects by the observed themselves or, according to their testimony, by other persons (investigator, artist, etc.) (orientations, subjective portraits).

· displays, such as recording the reproduction of developed skills, for example, writing skills and handwriting in manuscripts, the method of criminal actions in the environment.

· photographic displays and displays in the form of mechanical recordings of human speech and voice (phonograms).

· display in the form of parts of objects and particles of matter (parts of a burglary weapon, fragments of headlight glass at the scene of an incident).

· display in the form of various types of traces (traces of hands, feet, burglary tools, vehicles).

Depending on what display was used for identification, the type of identification itself is determined.

2. Types and forms of forensic identification

Depending on the nature of the display of the characteristics of the object whose identity is being established, there are 4 types of forensic identification:

1. Identification of objects by mental image. Widely used in the practice of investigating crimes when carrying out such investigative actions as presentation for identification.

2. Identification of an object by its description. It is used mainly to search for criminals and stolen things, identify unidentified corpses, and also in forensic accounting.

3. Identification of objects by their materially fixed representations (traces, photographs, manuscripts, etc.) is the most common case of forensic identification, carried out in the process of conducting forensic examinations.

4. Identification of an object by its parts. It is carried out in cases where it becomes necessary to establish that these parts constituted a single whole before the destruction (separation) of the object. For example, by fragments of headlight glass found at the scene of an accident and removed from a car's headlight, this car is identified as a participant in this incident.

Individuality is the uniqueness of an object, its identity, equality with itself. In nature there are not and cannot be two objects identical to each other. The individuality of an object is expressed in the presence of a unique set of characteristics that another similar object does not have. Such signs for an object or thing are size, shape, color, weight, material structure, surface topography and other signs; for a person - features of the figure, structure of the head, face and limbs, physiological characteristics of the body, characteristics of the psyche, behavior, skills, etc. Since the objects of the material world are individual, identical to themselves, they, therefore, are characterized by individual signs and properties. In turn, these features of objects are displayed on other objects.

Mappings, therefore, are also individual. On the other hand, all objects of the material world are subject to continuous changes (a person ages, shoes wear out, etc.). For some, these changes occur quickly, for others - slowly, for some the changes can be significant, and for others - insignificant. Although objects change constantly, for a certain time they retain the most stable part of their characteristics, which allow identification. The property of material objects to preserve, despite changes, the totality of their characteristics is called relative stability.

The next important prerequisite for forensic identification is the property of reflection of objects of the material world, i.e. their ability to reflect their characteristics on other objects in various forms of display, which we discussed above. Thus:

· identification of objects of the material world associated with a crime event plays an important role in the process of solving and investigating a crime;

· the scientific basis of forensic identification is the provisions of the theory of knowledge about individuality, relative stability and the ability of objects of the material world to reflect signs on other objects.

Identification can be carried out in two forms: procedural and non-procedural.

Procedural- these are the forms that are directly provided for by the Criminal Procedure Code of the Russian Federation. They can be carried out when:

· carrying out identification examinations;

· presentation for identification;

· inspection and examination;

· seizure and search.

The identification results, reflected in the expert’s report and in the identification protocol, acquire the value of evidence.

TO non-procedural form refers to identification carried out for operational purposes. These include:

· conducting expert research (expert certificate);

· carrying out by the investigator, independently or jointly with a specialist, a preliminary pre-expert study of material evidence (determining a person’s height based on shoe prints, etc.);

· verification (establishment) of identity using documents;

· use of forensic and operational records, etc.

Features of objects that can be used to identify them are called identification features. They are divided into general and private.

General characteristics are inherent not only in a given object, but also in all objects of a particular group (species, genus). For example, all axes are characterized by a certain size and shape of the blade, and any handwriting is characterized by sophistication, size, slope, connectedness, etc. Identification based on them cannot be carried out; they serve to narrow the range of objects being sought.

3. Establishing group affiliation in criminology

In the investigation of crimes, along with identification, the establishment of group affiliation is also widely used. Establishing group membership means determining the type, class, genus, species, variety or other group to which a given object belongs. It is based on the objective possibility of classifying (grouping) the entire variety of objects and phenomena according to their characteristics. Belonging to a certain group means such a relationship between two or more objects in which all their most important properties (or characteristics) are the same and there are no significant differences between them (objects).