Suchergebnisse

Forensic expertise of signatures and handwriting is a very important activity in criminalistics. It reveals whether the defendant is the author of the disputed text or has signed the disputed document. This type of expertise is most often used in cases when it is necessary to prove the existence of the criminal offense of forging a document, but also in many other cases (such as expertise of suicide letters or contracts), which indicates the need for a multidisciplinary approach to exploring of this kind of expertise.This paper presents the basic characteristics of this form of expertise and indicates the difficulties that may arise in practice. The aim of this paper is to identify opportunities for further development of signature and handwriting expertise in theory and practice, as a powerful tool for detecting many crimes and their perpetrators.

Studies of the history of origin and establishment of procedural institution of forensic expertise are necessary for the formation of this scientific field, determining its nature, essence, theoretical significance and practical orientation in forensic activities. The author distinguishes five stages of the development of the institution of forensic expertise. The first stage – is from the XVI century, when forensic investigation has been first mentioned, up to 1864, when the expertise was legislated in criminal proceedings. The second stage – 1864–1913 – is characterized by the accumulation of empirical data, the emergence of new types of expertise. The third stage – 1913 – late 1950s, the beginning of which is the creation of the state forensic institutions, the employees of which performed the examinations on a professional basis; at this stage the rights of an expert have been consolidated in legislation, there was the development of theoretical foundations of various types of expertise, general scientific basis of expert research were formed. The fourth stage – the end of 1950s – 2007 – is linked to the introduction of the new procedural law, which regulates the procedure of conducting examinations, the rights and duties of its participants; the foundations of a particular scientific field of knowledge – the theory of judicial expertise have been laid and developed. The fifth stage – from 2007 up to the present day – is characterized by the further development of the theory of judicial expertise in terms of new adversarial criminal procedure. ; Розглянуто етапи розвитку інституту судової експертизи з моменту її першої згадки у 16 ст.до наших днів. Виділено п'ять етапів становлення інституту судової експертизи. Підставою періодизації обрано правову регламентацію залучення експерта, виникнення спеціалізованих експертних установ і формування наукових основ теорії судових експертиз.

ABSTRACT: The article presents and analyzes aspects related to the disposition and performance of the forensic expertises in accordance with the criminal procedural legislation in Romania. The article presents and analyzes aspects of forensic tactics related to the disposition and performance of the forensic expertise in accordance with the criminal procedural legislation in Romania. KEYWORDS: forensic expertise, forensic tactics, Romanian criminal procedure code, criminal proceedings

At the beginning of the 19th century, there was a belief that eventually investigators, prosecutors and judges would have the knowledge to evaluate evidence without the involvement of "scientific judges" (experts). The unconditional forecast was refuted by the rapid development of science, as a result of which a stable awareness of the need to develop the theory of expertise and improve the methodology of conducting various types of expertise, which requires scientific and technical capabilities and regulatory as well as legal support, was formed. John Brockman justified the future of science in the 21st century, assessing it as a grand breakthrough in physics, chemistry, cybernetics, biology, artificial intelligence and psychology, and as one determining the pace of expertise development. A deeper understanding of the processes of existence and interaction of matter becomes an instrument for a more detailed analysis of a person's activity, which can be considered as an intervention in his personal life. Balancing the observance of individual rights, the state's performance of functions to ensure the safety of society and scientific opportunities requires an appropriate timely legal response, in order to avoid the risk of violating such a balance. Almost 30 years have passed since adoption of the Law of Ukraine "On Forensic Expertise", therefore, in order to make proposals for the legal regulation of the use of forensic expertise in criminal proceedings, an analysis of statistical data, judicial practice and the practice of the ECtHR was carried out. It is considered expedient: to determine the terms of the expert examination at the legislative level; to eliminate departmental dependence of experts when conducting an examination (in accordance with the practice of the ECtHR); to establish the grounds for conducting an examination on the initiative of the court (without a request from the parties); to create a state register of human genomic information and streamline its management in accordance with international standards; to determine the status of the specialist's conclusions in criminal proceedings.

In multilingual societies, translation and interpreting play pivotal roles in facilitating access to essential services provided by public institutions for individuals speaking languages other than the official language. However, prevailing assumptions among professionals in these institutions often regard translation as a mechanical process, overlooking the inherent interpretive nature of interlingual transfer. This study examines the interventions of intercept interpreters/translators (IITs) in the translation process within the criminal justice system, focusing on covert communication surveillance. An analysis of 538 translated intercept records (TIRs) reveals that IITs significantly intervene in selecting and interpreting content, often decrypting vague or encoded terms used in intercepted conversations. These interventions, which include annotations and comments, shape the evidentiary value and comprehensibility of TIRs. The findings highlight the complex nature of communication surveillance and underscore the need to reconsider the roles of translators and interpreters. This study contributes to our overall understanding about the ambiguous roles interpreters and translators may play in public institutions. As for IITs, the study suggests a re-evaluation of their roles that recognizes their specialized skills and multiple tasks.

The article is devoted to the formation of a system of theoretical provisions that form the concept of forensic doctrine on the implementation of special knowledge outside forensic expertise (hereinafter - the Doctrine). With regard to the proposed Doctrine, the article reveals its following elements: the objective existence of the object of knowledge in the form of social relations arising from the implementation of special knowledge outside the forensic examination, and the identification of a set of elements that form the subject of knowledge; principles of the Doctrine; scientifically grounded goals, objectives and functions of the Doctrine; formed methods of the Doctrine; developed structure and content of the Doctrine; features of interaction and interrelation of the Doctrine and particular forensic theories (doctrines), sciences, etc. On the basis of the conducted independent scientific research, the author, under the forensic doctrine of the implementation of special knowledge outside forensic expertise, proposes to understand the branch of the section of forensic science, called the general theory of criminalistics, investigates the patterns of using special knowledge outside forensic expertise in the disclosure and investigation of crimes and develops methods and means of attracting persons possessing special knowledge, as well as the collection, research and use of their own and other special knowledge in legal proceedings.

The article proves that the defenders right of evidence collecting stated by our legislators has an elusive character incompatible with the enhancement of competitive fundamentals in the valid Russia criminal procedures because this right does not eliminate the disbalance in the potential possibilities of two competing sides (prosecution and defense) at forming a body of evidence. This is why the article based on Georgias positive legislative experience - substantiates the necessity of radical reformation of Russian criminal procedure to achieve real parity in the legal powers of prosecution and defense parties at their probative activity comprising appointment of any forensic expertises as well. ; В статье доказывается, что заявленное нашим законодателем право защитника на сбор доказательств носит иллюзорный характер, несовместимый с усилением состязательных начал в действующем уголовном судопроизводстве России, ибо не устраняет дисбаланс в потенциальных возможностях двух противоборствующих сторон (обвинения и защиты) при формировании доказательственной базы. По этой причине с опорой на положительный законодательный опыт Грузии обосновывается необходимость коренного реформирования российского уголовного процесса для достижения реального паритета в правомочиях обвинения и защиты при осуществлении доказательственной деятельности, включающей и назначение судебных экспертиз.

The authors have analyzed the current procedural legislation of France on performance of forensic expertises; have revealed common and distinctive features with the procedural legislation of Ukraine to determine the possibilities of using positive experience to improve the expertise activities in Ukraine. Particular attention is paid to the principles of the expert's activities and the possibilities of their implementation in Ukraine; to the research of the expert's participation in the court proceedings and the role in the conclusion of an amicable agreement. Proceedings of forensic expertise in Ukraine would significantly increase its effectiveness in the process of proving with the use of approaches that are widely used in French procedural law, namely: judicial expertise is understood and interpreted as an alternative method of judicial disputes resolution; experts are not only observers but also actors who participate in conciliation; an expert mediates the parties, whom he meets, interviews, listens, meets with records; he takes a winning position to simplify the conclusion of an amicable agreement. As a result of the conducted research of procedural laws of France concerning the conduction of expertises it has been established that the adversarial process is realized through constant interaction between the participants of the proceedings with the judicial expert. In turn, the transparency of the process is guaranteed with preparing a significant number of mandatory documents by the expert (reports, interim notes, landmark report, summarizing note, preliminary report, final report), which are introduced to parties that may raise additional questions. ; Проаналізовано чинне процесуальне законодавство Франції щодо провадження судових експертиз, виявлено спільні та відмінні риси із процесуальним законодавством України для визначення можливостей використання позитивного досвіду в удосконаленні експертної діяльності. Особливу увагу приділено розгляду принципів діяльності експерта та можливостям їх реалізації в Україні. Досліджено участь експерта в судовому провадженні та його роль в укладанні полюбовної угоди.