What information are reflected in the conclusion of an expert. The structure of the "expert opinion. Commercial Documents and Other
PURPOSE OF THE WORK
Secure and deepen the knowledge gained at the lecture and during independent training. Consider the requirements for the design of the "Expert's conclusion". To get acquainted with the basic principles of the preparation of forensic medical diagnosis and conclusions.
1. What document is drawn up at the forensic examination of the corpse?
2. What are the composite parts of the "Expert Conclusion" allocate?
3. What is included in the protocol part of the "Expert's conclusion"?
4. Where is the protocol part of the "Expert's Conclusion"?
5. What is described in the introductory part of the "expert opinion"?
6. What is described in the research part of the "expert opinion"?
7. Principles for the preparation of forensic diagnosis.
8. What are the "conclusions" in common Structure "Expert's conclusions"?
9. Principles of drawing up the findings of forensic medical examination of the corpse.
Getting Started, the student should know:
the rules and procedure for issuing documentation of forensic medical examination (research) of the corpse;
criminal procedural legislation and regulationsgoverning the procedure for appointment and production examination at the stage preliminary investigation And at the stage judicial trial;
the rights and obligations of the forensic medical expert;
criminal, administrative and disciplinary responsibility For professional violations and crimes.
In the process of classes, the student must master the following skills and be able to:
to issue the introductory and research part of the "Expert's conclusion";
decide the direction of laboratory research;
make a pathologist diagnosis;
Formulate "conclusions" ("Conclusion").
During the forensic study of the corpse, students draw up a protocol of examination (research) of the corpse. The occupation is carried out in the classroom.
Introduction
The results of the forensic examination of the corpse are issued by a document, which, in accordance with the Criminal Procedure Code applicant and approved Civil service Medical judicial expertise forms primary medical documentation It is called "the conclusion of an expert (corpse examination)".
The forensic medical examination of the corpse is of complex nature and, as a rule, along with the expertise of the actual corpse, they produce an examination of the biological material taken from it.
This material forensic expert is transmitted to the forensic laboratory, where he is investigated by specialists who design the results of analyzes in the form of an "expert opinion (examination of real evidence)" used in the formulation of the conclusions of the corpse examination.
The expert of the laboratory makes an examination entrusted to him, guided by the relevant rules, and responds within its competence to the questions posed before him.
Structure "Expert Conclusions
(corpse examination) "
"Expert's conclusion" consists of the following components:
· Introductory part
· Research part,
· Forensic diagnosis,
· Conclusions.
The introductory and research part are referred to as the protocol part of the "Expert's Conclusion".
The protocol part of the "Expert's conclusion" is drawn up in place in the process of opening the corpse.
2. Registration of the introductory part
"Expert Conclusions"
2.1. The introductory part indicates:
· Date, start time and end of examination.
· Conditions for its production.
· The presence of a resolution (definition), on the basis of which expertise was made, indicating the surname and the position of its appointment and the date of appointment.
· Place of production examination.
· Last name, first name and patronymic of the forensic expert (experts), occupied position and place of work, specialty, work experience in the specialty, qualifying category, degree degree and academic title.
· Familia, name, patronymic and year of birth (age) of the deceased.
· Subscription of the forensic medical expert (experts) on clarification of procedural rights and obligations and responsibility for the country's responsibility for the gift and for the refusal of giving detention.
· Surname, initials, position and place of work of persons present during the examination.
· Questions set for the permission of expertise.
Questions set by the State Forensic Medical Expert are given in the introductory part without changing their wording.
2.2. In the introduction of death, the circumstances of the occurrence of death (information from the decision, the protocol of the inspection of the scene, the history of the disease and other documents submitted by the investigator to the beginning of the production of expertise) are also set. This indicates the name of the documents, their number, the date of compilation.
2.3. When studying (research) submitted by the State Forensic Expert of Documents, he finds out the conditions and circumstances of the occurrence of death, paying particular attention to the data that matters to establish the cause of death and response to other issues.
If necessary, the expert has the right to clarify the relatives of the deceased disease transferred to them, bad habits, the general condition in lately And other katamnestic information and make the data obtained in the protocol part of the "Expert's Conclusion".
2.4. If the source of information is medical documents (History of the disease, outpatient map, etc.), it is indicated:
· Name of the medical and prophylactic institution.
· Data on the time of arrival and duration of stay on treatment.
· The patient's condition when admission and in dynamics.
· Conducted medical events, operational interventions.
· Results of analyzes, complications related to diseases, clinical diagnosis. It is not allowed to use copies of medical documents.
Information from the documents additionally represented by the investigator after the end of the opening of the corpse and the execution of the protocol part of the "Expert's conclusion", lead before conclusions.
3. Registration of the research part of the "Expert's Conclusion"
3.1. The research part of the "Expert Conclusion" is an objective basis for compiling and justifying expert conclusions.
It includes a sequential presentation of the process of studying the corpse and all the actual data identified at the same time:
3.1.1. Description of clothing, shoes and other items delivered to the corpse.
3.1.2. Outdoor and internal truth research.
3.1.3. Conducted samples on an air embolism, pneumothorax, livingborn, etc.
3.1.4. Studies performed by an expert using special devices, such as stereomicroscope, etc., or special sectional research techniques individual areas or corpus organs.
3.1.5. The list of objects aimed at expertise to the forensic laboratory and its results indicating the number and date of receipt.
3.1.6. The sequence of the experiment conducted by the expert and the data obtained.
3.1.7. The list of objects submitted by the investigator for other types of expertise.
3.1.8. In cases of seizures of organs and tissues for clinical, scientific or educational purposes, the intervention has been described and it is indicated that it is seized and to whom and which institutions are transmitted.
The structure (sequence of presentation) of the research part is determined by the state forensic expert who produces an examination of the corpse, depending on the feature of this examination.
3.2. The research part should be objectively and comprehensively fully logged on all the actual data identified during the corpse research process. Not only detected traumatic or painful changes, normal condition separate organs and fabrics, extraneous smells, etc., but also the lack of importance to the case of changes or features (the absence of hemorrhages, damage, smell, etc.).
It is not allowed to substitution a detailed description of diagnoses ("abscess", "inlet gunshot wound", etc.) or expressions "normally", "without features", etc., as well as the reduction of words, with the exception of generally accepted.
3.3. The research honor should be set out to be clear for persons who do not have special knowledge in forensic medicine. If it is impossible to do without special medical terms explain their meaning.
3.4. Appearance separate sections The research part (outdoor study, internal research, etc.) begins with a red string.
3.5. The protocol part of the "Expert's Conclusion" after the transfer of objects aimed at laboratory research is signed by a forensic medical expert (experts) and those present by those specified in the introductory part.
3.6. After the protocol part of the "Expert's conclusion", the forensic medical diagnosis leads.
Algorithm for writing the research part "Expert's conclusion"
Outdoor study
1. Description of clothing (first top, and then lower): its kind, color, quality, degree of worniness, content of karma.nov, traces of foreign substances (dust, dirt, stains, including reminiscent blood), their location, shape, dimensions; Damage, their location, character, sizes, other features.
2. Floor, age (in appearance), body length (centimeters), corpse. Food, nutrition (good, elevated, satisfactory, low, sharply reduced).
3. Common skin of the skin (dead-pale, pale gray, dark, etc.), its appearance - elasticity, wrinkle, maceration, "goose skin". Skin pollution - blood blots, traces of vomit, lubrication (with transport injury), sand marks, land, etc.
4. The temperature of the corpse to the touch (warm, thermal, cold) in different areas The bodies are open and covered with clothing, in the areas of the body in contact with each other (the axillary depressions, the inner surface of the hips). Temperature when measuring the thermometer in the rectum.
5. Capor spots, their location, prevalence (spilled, in the form of individual spots), color, intensity coloring. The presence of ekkimosis on the background of corpany spots. Changing the body spots when pressing (disappearance, pale) and time during which the color of the body spots is completely restored.
6. Cell stuff (according to individual muscular groups - chewing muscles, muscles of neck, upper and lower extremities).
7. Pineal changes (if available): Corpnaya greens,
blood blossom, putrefactive venous network, putrefactive bubbles, their appearance, content, corpse emphysema. The presence of entomophane, in particular the larvae of the flies (indicating their size, mobility).
8. Head hair - their length, color. Damage to the skin and the features of the scalp.
9. Person is an endlessness, skin color, ekkimosis.
10. Eyes - closed, open; the color of the connecting shells of the eyelids, hemorrhage in them; cornea - transparent, muddy;
pupils - shape and diameter (in centimeters); The presence of stains Larsch.
11. The object of bones of the facial skeleton to the touch. The contents of the nose openings separated.
12. Roth - open; The presence of flops, foam at the opening of the mouth, the type and color of the transition border and the mucous membrane of the thread of the mouth.
13. The state of the teeth - crowns, prostheses (teeth are described by the scheme taken from dentists). The position of the tongue is relative to the teeth. The view and color of the lip mucosa and the gums. Damage to teeth, gums, appearance of wells, presence or absence of hemorrhage.
14. Ears - the state of the oars of the sink (color, damage), by. Right auditory passes (pollution, isolation, etc.).
15. Neck - long, short, whether there are damage (abrasions, bruises, wounds, strange grooves, etc.).
16. The shape of the chest (cylindrical, conical, barrid-shaped), symmetry of its structure, the kiss of the ribs to the touch.
17. Milk glands - magnitude, shape, consistency; Color and view of near-block circles; Selection of nipples - color, character, quantity.
18. Belly is a shape (swollen, smooth, rotten), the color of the skin of the abdomen, hernia of a white line, navel, inguinal, their size, features.
19. External genital organs - degree and type of agriculture, the correctness of the development of outdoor genital organs, damage. In the corpses of men - selection of sperm and urine from the urethra's opening, parchment spots on the skin of the scrotum; In the corpses of women - separation from the polo. The gap, the color of the mucous membrane in the vagina, the state of the virgin splava, the holes of the urination. The channel.
20. The rear pass is the gaping, closure, the skin into his surroundings (pure or so hot), loss of mucus. The hemorrhoids of the mucus (if available).
21. Spin - the condition of the skin, curvature of POSO. NOTE, the intake of bones to the touch.
22. Upper and lower limbs - the correctness of the development, the intake of bones, the shape of the fingers of the hands, the nail bed, treason, the skin of the brushes and stop, maceration, electrician, pigment ..
In case of detection of damage, they should be described according to the generally accepted scheme (see section "The procedure for the study of the permissions caused by stupid and sharp objects"). The description of the damage can be made in the course of the description of the areas of the body or allocate in a separate subsection at the end of the "outdoor study".
The final stage of expertise is one of the most responsible stages in which the results of the entire previously conducted work are summed up. The purpose of this stage is the analysis and evaluation of the results obtained, as well as their documentary.
Insufficiency, the inaccuracy of the results and the fuzziness of their arguments may cast doubt on the properly conducted expert assessment.
The results of the examination may be decorated in the form of an expert or tasting protocol either in another form. For drawing results of expertise Apply forms special formswhich can be approved by the leadership of a higher expert organization; In addition, the forms can be designed to carry out a specific examination.
It is also possible to design experts in an arbitrary form chosen by the expert, but the document should reflect all the necessary information about the assortment, quantitative and qualitative characteristics of the object of examination. This information must be checked , i.e., when appointing re-examination, they must be confirmed with regard to a certain error.
In the production of re-or additional examination, it is advisable in the introductory part to state information about the primary examinations. At the same time, they indicate who and where they are held, the number and date of the conclusion, the conclusions of the primary examination on issues, as well as the motives for appointing the re-either additional expertise specified in the definition of its appointment.
When implementing a comprehensive or commission examination in the introductory part indicate the leading expert and reflect the preparatory stage of expertise on the formation of the Commission.
Research part Contains both the presentation of the research process (procedure) conducted by the expert and laboratory tests with the methods, as well as the assessment, justification and scientific explanation of the established facts. The research part is described by a language understandable for a non-specialist, explaining the special terms used. Expert actions, applied techniques, methods and techniques are described in the sequence in which they were actually used. The choice of methods and techniques should be motivated and they need to make links.
If the method is not known to or are new, which has not passed a wide testing, it must be detailed in the conclusion. If one and the same object of the study use different methods, then the presentation of the research part is constructed consistently in accordance with their use. In the study of several objects, first investigate the properties of each object, and then they compare and make general conclusions.
In conclusion, according to the results of re-examination, it is necessary to indicate the causes of discrepancies with the conclusions of the primary examination, if they occur. In describing the research, it is advisable to allocate several sections in which intermediate facts are installed and their assessment is carried out. So, when conducting a product examination, the first part of the research is advisable to call « Identification part ", since any actions with the goods start with its identification.
For identification, it is necessary to determine the most important, common grounds for most goods: name (view) of goods, origin (manufacturer), appointment, composition, etc. For a number of goods, it is necessary to identify the seasonality of their use, TNPA, which determine the requirements for the product, the OKP code according to the product classifier.
The negative results of identification should be reflected in the conclusions, as they relate to new facts found out in the study.
In the event that there is not enough data to identify the manufacturer (country of origin), but the expert has indirect evidence of non-compliance under the stated information, it is advisable not to confirm during the examination the place of production of the goods mentioned in the marking. The identification part of the conclusion also indicates the main signs of the goods. If necessary, set the compliance of the product with a variety specified in the marking.
The following important stage in the carrying out merchandise examination is the description of the status of the objects of the study facilitated most often in the section « Inspection of the goods ", in which they describe the container, packaging, marking. If the inscriptions are fuzzy, you should specify: "The marking is inflicted." Inscriptions in a foreign language must be transferred to an experienced translator, as mistakes in writing or text, not related to the product, can lead to the distortion of information on the conditions of its manufacture.
Then describe in detail the actual state of the goods, the nature of defects, their size, but the cause of the origin of defects in this section does not indicate. This section signs the parties present during the examination if they expressed such a desire. Goods that were in use require special attention. Their defects are investigated, describe in detail and classified, since they can determine the reason for their origin by the nature of the defect.
The description of the goods in the presence of the applicant or the arguing parties is valid at the first stage of the study. At the same time, a seal or typo of the object of the study is revealed in the presence of the sides. They are also described in the section "Inspection of the Goods".
In the "Object Study" section, the results obtained using various methods are described in detail the research process, the conditions for the use of methods are described, a scientific explanation of the identified facts is given. In the study of the object, it is advisable to adhere to the following algorithm: observation - description - study - output.
Thus, first should be monitored and the statement of the fact (for example, detection of surface damage), then a description of the nature of damage (shape, size, depth, etc.). Then it should be studied and conclude about the cause of damage, for example, to indicate that the damage is the result of incorrect transportation. At the same time, the description should be logically justified and allow us to make final conclusions.
If the tests are carried out in testing laboratory, then the test report received from the laboratory analyzes in the conclusion and applies it to an application to the protocol.
If some of the questions raised is impossible to give an answer, the expert indicates the reason for this. When using the results of previous examinations in the research part of the conclusion, it makes references to these information. Here, the expert indicates the reason for the discrepancy of its research with the results of previous expertise. Such reasons may be outdated techniques, retreat from research methods, errors in the calculations, etc.
In the course of the study, the expert gives the necessary explanations on applications and makes references on them (protocols, photos, acts, etc.). Reference and methodological materials that the expert were guided and enjoyed when solving the issues raised, it is advisable to lead at the beginning or at the end of the research part.
Ultimately, the research part of the conclusion should contain a description and expert assessment of the results of a study with a detailed motivation of judgment and the rationale for the conclusions on the issued issue.
If the examination was comprehensive or in its course, comprehensive studies were carried out, the research part ends the so-called synthesizing part in which experts that are experts in different types of expertise generalize separately obtained information for the formulation of a general response to the assigned question.
The conclusion of the expert can be illustrated by photographs, diagrams, diagrams, drawings and other visual materials, which are considered as component Conclusions. The conclusion is also attached to the certificate of expenses for expertise. The text of the conclusion, conclusions and illustrative materials are signed by an expert who fulfilled the study (each page signed). When conducting an examination by employees of non-state expert organizations, the expert's signature is assigned to the seal of this organization. If the examination held a private expert or an employee of a non-Spert Organization (for example, institutions higher education), its signature is notarized.
In the last part of the conclusion outlines the conclusions, i.e. Answers to the questions set for the permission of the examination are given. Detailed information on the formation of conclusions is given in § 5.4.
Article 25 №73-ФЗ dated 05/31/2001. Conclusion of an expert or commission of experts and its content
Based on the research conducted, taking into account their results, an expert on its own behalf or the commission of experts give a written conclusion and sign it. The signatures of the expert or the commission of experts are certified by the seal of the State Forensic Expert Institution.In the conclusion of an expert or commission of experts should be reflected:
time and place of production of forensic examination;
grounds for the production of forensic examination;
information on the body or about the person who appointed forensic examination;
information about the state judicial expert institution, expert (surname, name, patronymic, education, specialty, work experience, degree and academic title, held position) who are entrusted with the production of forensic examination;
expert Prevention in accordance with the legislation Russian Federation about responsibility for the gift of a sense of false conclusion;
questions set in front of an expert or commission of experts;
objects of research and materials submitted by the expert for the production of forensic examination;
information about the participants of the process present in the production of forensic examination;
evaluation of research results, justification and formulation of conclusions on issues.
Materials illustrating the conclusion of an expert or commission of experts are attached to the conclusion and serve its component. Documents recorded, conditions and research results are stored in the State Forensic Expert Institution. At the request of the body or persons appointed forensic examination, specified documents Provided for attachment to the case.
Article 25. Conclusion of an expert or commission of experts and its content - a commentary to Article 25 of the Federal Law of May 31, 2001 N 73-FZ "On State Forensic Expert Activities in the Russian Federation" (by comment by Smushkin AB)
1. The commented article enshrines the main elements included in the content of the expert opinion.
In very general You can define the following sections of the expert opinion:
- introductory part;
- research;
- Final.
The expert opinion is drawn up on the form and is visited by page.
2. The first part of the commented article determines the circle of persons who are given the right to expert signature.
Expert carries personal responsibility For the results of the study. Accordingly, an expert opinion can only give the expert (or the Commission of Experts), which conducted a study. An expert opinion is formulated on the basis of a study and conclusions to which an expert came during the study. The law allows only writing expert conclusion.
The expert opinion should be signed by an expert (expert commission), which conducted a study, and fastened to print an expert institution. Violation of this rule can serve as a basis for recognizing expert opinion in improper proof of the case.
So, for example, the conclusion of an examination in case N A27-5863 / 04-2 was recognized as improperly decorated (not signed by the expert and was not certified by the seal of the institution) (see: Decision of the Federal arbitration Court West Siberian District of July 19, 2006 N F04-8547 / 2005 (24605-A27-39)).
3. As a rule, in the introductory part of the expert opinion, general information on the conducted study is indicated:
- the place and time of the production of expertise (when specifying the place, it is necessarily fixed whether expertise was carried out in an expert institution or at the place of finding an object);
- the type of expertise (its name, as well as re-, additional, comprehensive and commission expert studies, an indication of this specificity; information about the body or face approved by the examination: the position is indicated, cHIN and other information about the face; The authority indicates the links of the system and the area of \u200b\u200baction (for example, the global judge of the site N 5 of the Leninsky district of Saratov));
- grounds for the production of expertise (decree or definition);
- in what case the examination was appointed (a summary of the circumstances of the case);
- What an expertiary is instructed to conduct an examination (full name of the institution);
- detailed information about the expert who is entrusted with the direct conduct of expert research (surname, name and patronymic, education, specialty, work experience, degree and (or) scholar title, position held);
- Questions set for expertise (how questions should be given in the formulation in which they were set forth in the ruling or definition). The expert can change the sequence of issues to ensure the correct sequence of research. If the resolution (definition) contains an erroneous or non-professional formulation of the issue, the expert can reformulate the question with regard to professional knowledge, but it must necessarily lead the initial formulation of the issue.
If the formulation of the issue is absolutely incomprehensible, the expert may apply for clarification and explanation of the issue;
- objects and materials submitted on the examination (name, type, delivery method, method and state of packaging, special rules for handling specific objects and other information);
- information about the participants of the process present during research ( procedural position, surname, name, patronymic, etc.);
- A subscription of an expert on the responsibility of the responsibility for the gift of a deliberately false conclusion is either also contained in the introductory part, or is a separate document (subscription) attached to an expert conclusion.
4. In the research part of the expert opinion:
- a detailed description of the circumstances of the importance to the giving conclusion and the expert adopted into account;
- information about the applications of the expert on the provision of additional objects or information, and whether they were satisfied;
- the methods applied at various stages of the study are described in detail, as well as the results of their use;
- methods of research, special software (in the case of using standard expert methods and expert testing schemes set forth in the methodical publications, they are referred to and comply with full information about their publication; if automated programs or software complexes are applied; We have developed);
- indicate the purpose and conditions for the implementation of the expert experiment, obtaining experimental samples;
- analysis of the results obtained at various stages;
- indicate the reasons for the impossibility of answering any of the questions issued;
- Describes the circumstances established by the expert on their own initiative.
Deserves a separate attention to the sentence of D.Ya. Mirsky and E.M. Lifshitsa about the possibility of reducing the research part.
In their opinion, "it is necessary to investigate in detail the possibility of reducing in the conclusion of an expert description of the signs of the object under study, first of all, when this description duplicates the visual information contained in photographs, spectrograms, chromatograms, etc. It can be assumed that in many cases it is enough to refer to the image attached to it, if, according to an expert, a person or body, evaluating this conclusion, can perceive information on the progress and results of the study in sufficient ". It seems that if there are at least minimal explanations to the illustrating material, this offer is fully applicable.
The court (or other body or the person who appointed an examination) should take into account the findings of the expert contained in the final part of the expert opinion, and not the assumptions or intermediate results of the study indicated in the research part.
This rule confirms the resolution of the Federal Arbitration Court of the Far Eastern District of October 10, 2001 N F03-A73 / 01-2 / 1963.
Each question resolved by an expert must comply with a specific section of the research part. If it is necessary to carry out a joint study on several closely related issues, the research content is presented in one section. Accordingly, each conclusion contained in the final part is justified by the results of studies, the calculations of the research part. Violation of this rule can serve as a basis for cancellation judicial decision (sentence, definitions) issued on the basis of an expert opinion containing unreasonable conclusions.
For example, the court returned the case to a new consideration due to the fact that the conclusion of an expert on the inclusion of the value-added tax appreciation does not contain substantiations and calculations (for more details, see the decision of the Federal Arbitration Court of the East Siberian District of July 8, 2003 N A78-524 / 02-C1-11 / 21-F02-2066 / 03-C2).
When carrying out additional examination, the necessary references to the previously conducted study are also provided in the research part.
In the production of re-judicial examination in the research part of the conclusion, the reasons for the discrepancies of the findings with the conclusions of the primary examination, if such took place.
5. In the final part of the expert opinion, the overall results of the study are summed up, the conclusions are formulated - the answers to the issues set in the ruling or determination of the appointment of the examination.
The conclusions of the expert's conclusion should contain brief, clear, unambiguous answers to all the issues assigned to the expert and initiatives established by him in the case of circumstances.
Expert conclusions can be categorical and probable.
It should be borne in mind that probable conclusions cannot serve as evidence in court. (See, for example, Resolution of the Federal Arbitration Court of the Far Eastern District of April 12, 2004 N F03-A51 / 04-1 / 608.)
In relation to the issues, the conclusions may be positive (affirmative) or negative.
If the expert cannot formulate a conclusion without a detailed description of the research results set forth in the research part and containing an exhaustive response to the assigned question, a reference to the research part of the conclusion is allowed.
It should be noted that the expert has no right to draw conclusions relating to legal issues. For this issue, see Resolution of the Federal Arbitration Court of the Volga District of May 5, 2005 N A06-2785U-13/03.
Yu.K. Orlov reasonably allocated three principles (requirements), which should correspond to expert conclusions:
- The principle of qualifying.
The expert has the right to formulate only such conclusions, the construction of which requires high enough professional qualificationscorresponding to special knowledge. Issues that do not require such knowledge, any professional training, should not be resolved by an expert, and if they are solved to them, then the conclusions do not have evidentiary importance. This principle It follows from another principle - separation of procedural functions. Since the expert is involved in the case only in cases where there is a need for special knowledge, it is not entitled to go into solving issues that do not require such knowledge (as well as the judge cannot solve issues not related to the use of special knowledge in the right);
- principle of certainty.
Uncomplicable, ambiguous conclusions that allow different interpretation;
- The principle of availability.
The conclusions of the expert can be used in the process of proof of the case, if they do not require special knowledge to interpret, are accessible with the logical operating of them as a parcel during the conclusion of the conclusions by investigator and the court (in indictment, verdict, etc.).
6. In the annexes to the expert conclusion include:
- materials of business and objects submitted for examination;
- a subscription of an expert on the warning of responsibility for the gift of a deliberately false conclusion (if it is not given in the research part);
- Materials illustrating an expert opinion (scheme, graphics, charts, photos, etc.).
The remaining working documentation associated with expert research is kept in an expert institution.
7. Of all the elements listed above, only the last part is optional (although there is present in most expert conclusions).
All other items must be present in an expert conclusion. Otherwise, it can be recognized as invalid proof.
For example, the court of first instance did not appreciate the expert opinion on compliance with its requirements of the Federal Law "On State forensic In the Russian Federation. "
According to Art. The 25-mentioned law in the conclusion of the expert should be reflected information about the warning of the expert in accordance with the legislation of the Russian Federation on the responsibility for the country's responsibility. There were no information in the conclusion under consideration (for more details: Resolution of the Federal Arbitration Court of the Far Eastern District of September 13, 2002 N F03-A51 / 02-1 / 1710.)
8. When considering the norms regulating the content of the expert opinion, it is necessary to raise another important question: what should be the language of expert opinion?
On the one hand, all studies should be carried out on a strictly scientific basis and, when describing many scientific methods, use a simple, household or literary language is impossible. On the other hand, the addressees of the expert opinion are the investigator or court, the special knowledge of which (including the knowledge of the relevant scientific terminology) are located on knowingly lower, compared with the expert, level. In addition, when describing its research, the expert should take into account the possible subsequent additional or repeated examination.
How does the expert find a reasonable balance between the scientific relationship and its understanding?
Z.M. Sokolovsky offered two options out of this situation:
1) If the conclusion is questioned by the investigator and the court, they can assign re-examination. That is, the expert should take into account and re-study, which will conduct the same specialist who has similar special knowledge. Consequently, all expert opinion should be written to a strict scientific language, allowing without unjustified simplification to describe all research, techniques, processes.
The withdrawal of this proposal, in our opinion, is the initial orientation on the need for repeated research of the same objects with the answers to the same questions. No savings of procedural time, procedural forces and funds in this case It is not necessary to speak. In addition, the expert opinion does not cause doubt in its correctness and validity, it should be understood by the addressee;
2) "Studies can be described with a simple designation of the applied methodology or with a detailed presentation of its essence, with an explanation or without clarification of scientific terminology, with a different degree of detailing performed by an expert." It seems to us that the proposal on the abbreviated (simple) description of the expert methodology can only be applicable in conditions mandatory certification expert methods.
We believe that the expert when describing in the research part of the conclusion of the research methodology should not be descended until simplified, vulgarization of the scientific language, but should use unified scientific terminology. As Verno noted E.B. Palkyskis, "Adequate description of objective phenomena of the situation of the incident, material items and the creation of a reading reliable idea of \u200b\u200bthem can be achieved provided that the description language used for this purpose will be extremely accurate, concrete, unambiguous, econisome, and language tools and formulations are selected With the desire to find a variant, adequate structure, internal "logic", content of the described object. "
The findings of the expert in the final part should contain clear answers to the questions. They can be made by the "simple" language. In the event of a misunderstanding of the research part of the expert opinion, the expert examination may be summoned to the court or to the investigator to clarify the conclusion of this.
According to the results of research, the expert is a conclusion in accordance with the requirements of the legislation regulating the corresponding type of legal proceedings. The expert's conclusion is issued in two copies.. Each page of the conclusion, including applications, is signed by an expert and is wrapped in print. Expert's conclusion includes introductory, research parts and conclusions.
In the introductory part of the sentence of the expert indicate:
- - information about an expert institution or division;
- - date, time and place of examination, its number, name and view;
- - information about expert - surname, name and patronymic, education, specialty, work experience, degree and (or) scholar title, office person;
- - grounds for the production of expertise - appearance, date of decision, number, summary of the circumstances of the case under which it has been issued;
- - information about the body or face approved by expertise;
- - Warning or information on the prevention of the expert about the responsibility for the gift of a deliberately false conclusion;
- - data on persons present in the production of expertise;
- - objects of research and materials presented for the production of expertise, the presence and state of their packaging;
- - Questions set in front of an expert or commission of experts (in the wording of the decision).
The study of the expert reflects the content and results of research with the indication of the applied methods, including:
- - the circumstances of the case that are important for the giving conclusion and adopted by the expert as the source data;
- - Information about the applications of the expert on submission additional Materials and the results of their consideration indicating the dates of their application and receipt;
- - Content of stages of research indicating research methods used technical means and consumables, conditions of their application and the results obtained;
- - information about the methods applied by which the expert was guided by resolving issues;
- - goals, conditions and results of experiments (if they were conducted) and obtaining samples;
- - evaluation of certain stages of the study, analysis of the results obtained as a whole, justification and formulation of conclusions;
- - Estimated circumstances identified by the expert on their own initiative, on which questions were not issued;
- - Causes of the impossibility of solving individual questions In full or required in the resolution.
The conclusions of the expert's conclusion should contain brief, clear, unambiguous answers to all the issues assigned to the expert and initiatives established by him in the case of circumstances.
The findings of the expert can be: categorical positive or negative, probable positive or negative and the impossibility of solving the issue.
Identification categorical positive or negative conclusions are formulated both in the establishment of a general-time or group affiliation and when solving the issue of individually and specific identity.
Probable conclusions are formed in cases of insufficiency of information on identified signs when identifying. It should be borne in mind that the investigative and arbitrage practice Does not recognize the proof values \u200b\u200bof the likely conclusions.
Conclusions about the impossibility of solving the issue may be in the absence of scientific methods for solving issues of the issues, the absence of necessary samples for a comparative study, a small informativeness of the found signs, short-written texts.
Materials illustrating the conclusion of an expert (phototable, schemes, charts, and so on) are attached to the conclusion of the expert and are its component. When making an illustrative material, placing illustrations on the text of the expert's conclusion.
- number and date of making a conclusion, position of expert, name of the expert institution, surname, first name, patronymic of the expert, education, specialty and experience of expert work. Information about the expert must be detailed for the investigator to make a complete picture of his qualifications and specialization;
- grounds for the production of expertise (decree of the investigator, persons producing inquiry, or the definition of a court);
- The number of the criminal case, a summary of the circumstances of the committed crime, relating to the subject of examination (or the fact that a criminal case was initiated).
- type of examination;
- a list of objects received for examination;
- List of questions posed before the expert:
- indicates the list of questions that the expert allowed on its initiative;
- Who attended when conducting an examination.
- when re-or additional expertise, information about experts, which conducted it, the date, the results to which they came, and the foundations of additional or re-examination are indicated;
29. Content of the analytical part of the expert opinion.
In the analytical part of the conclusion In detail and detail describes the course and results of the study so that the essence of the study can be understood. The process of research should be set forth in the conclusion of an expert in the sequence in which it happened:
- Briefly describes the objects under study, packaging and the results of inspection of material evidence and samples for a comparative study (if they were received for examination).
- The applied research methods, forensic means and techniques are indicated to study the objects of expertise and the conditions for the application of certain methods.
- describes the process of establishing circumstances that the expert revealed on its own initiative;
- The methods and techniques of comparative study of identified signs, the results of the assessment of the coincidences established between them and differences on each or group of issues are presented. As a rule, initially describes the coinciding features, and then differing. On the photos, all the coincidences and differences in the signs are demonstrated, and in conclusion, the link is made: the number of the picture is specified, symbol private sign ..
If an expert experiment was conducted, then indicated: the goal with which the experiment was carried out; a detailed list and description of all experiments with the number of their quantities, the content of experiments, time and place of them; The results of each of the experiments carried out, methods and means of fixing the results of experiments.
The analytical part is completed by the so-called synthesizing part, where the expert logically comes to the final conclusion.
30. The content of the expert experiment in the conclusion of the expert
An expert experiment is a method of knowledge, with which in controlled and managed conditions, objects or phenomena are investigated. Based on this definition, it can be said that the task of an expert experiment is artificial reproduction of a phenomenon in order to:
\u003e establish a specific fact and causal connection between facts or phenomena;
\u003e identifying the mechanism of the consection;
\u003e Preparation of samples for comparative research;
\u003e Studies of trace properties, etc.
Since the experiment allows you to expand the observation framework, create new conditions for learning and identifying signs, it must be carefully prepared. For this purpose, are used:
1) technical means of the laboratory (for example, polelifier) \u200b\u200bor other adapted means;
2) objects for experimentation (usually these are material evidence that entered the study or objects that serve to obtain experimental traces on them);
3) means of fixing the stroke and the results of experiments.
Each experience must repeat repeatedly - this makes it possible to exclude the random nature of the results obtained. In his conclusion, the expert must describe the conditions for the experiment in detail.