TAKTIKAL ARSENAL OF INVESTIGATOR: FORECASTING WHEN PLANNING INVESTIGATIVE ACTIONS
DOI:
https://doi.org/10.33216/2218-5461-2021-42-2-89-97Abstract
An analysis of investigative, judicial and expert practice shows that in the investigators, there are significant problems in conducting forensic-writing expert examinations associated with the preparation of objects, the formation of issues, research and evaluation of the conclusion of an expert-cancer. Particularly clearly defined problems are detected in the preparation of comparative handwriting materials when a person who is checked opposes the conduct of a hand-held expertise. This leads to low efficiency of forensic research or refusal of expertise. In this regard, to the discharge of the most important professional qualities of the investigator, it is necessary to attribute the ability to predict the behavior of persons - participants in investigative actions that have an investigative response in conducting investigative actions, in particular refuse to provide experimental comparative samples.
Maked circumstances are explained by the lack of modern comprehensive scientific and methodological developments and recommendations on the tactics of conducting forensic-handicraft expertise, obtaining samples of handwriting and signatures in the context of counteracting the person to be checked. This is due and inadequate level of special training of investigators.
investigative behavior of the person, from which the selection of experimental samples of handwriting and signatures is planned in preparation for the purpose of forensic-empowering expertise, is the empirical prediction of counteracting the person when conducting this investigative action. Therefore, relevance to the topic of the study is determined by the need to develop ways of forecasting and forensic recommendations for overcoming and preventing the response to those checked that would ensure that the speed and effectiveness of solving the tasks of pre-trial investigation and the trial during forensic handwriting expert examinations.
The purpose of the study is to develop ways to predict investigating situations and practical recommendations for the tactics of selecting experimental samples of handwriting and signatures in the conditions of counteracting, when conducting forensic-handicraft expert.
In this regard, the task of our study is to develop ways to predict investigating situations in conducting a forensic handwriting expertise and selecting experimental samples of handwriting and signatures, recommendations for their implementation. This, in turn, should ensure compliance with the main conclusions of the criterion of novelty.
The research method is chosen taking into account the tasks.
According to the results of the study and the above, the authors argue that:
1. Application by the investigator, a party of protection and the court of systems of tactical techniques in conflict and non-conflict situations in the selection of samples in order to obtain benign experimental samples of handwriting and signatures, is a prerequisite for the effectiveness of conducting forensic handwriting expertise.
2. The choice of tactical techniques for the selection of experimental samples for an expert study at the stage of preparation of forensic handwriting expertise is based on the results of prediction of the investigative situation, the behavior of the person who is checked. The forecast is carried out in two ways: direct perception of personal characteristics of a person who is checked during previous investigative actions; Indirectly - by collecting and analyzing information that characterizes the person.
3. The main purpose of the forecasting of the investigative behavior of a person from which the selection of experimental samples of handwriting and signatures for preparation for the purpose of forensic handwriting expertise is the empirical prediction of counteraction to a person when conducting this investigative action, a model of person's behavior in the process of sampling.
Because of the forecasting of events can be prepared in advance to those or other consequences, and if possible - to intervene in the process of deployment, control them, to purposefully work on the embodiment of one of the identified alternatives to the future, which is a prerequisite for the effects of investigative actions.
Prospects for further use. According to the authors, the practical implementation of the above provisions during the pre-trial investigation should have a positive impact on the level of tactical and forensic provision of pre-trial investigation, the qualitative state of the activities of investigators to identify the methods of counteracting persons who are checked and overcoming them will improve the tactical potential of the investigator during the conduct of the judiciary. handwriting expertise and receiving samples of handwriting and signatures. Therefore, the process of investigating (searching) actions must continuously accompanied by the method of forensic forecasting.
Keywords: forensic handwriting examination, samples of handwriting and signatures, sample selection, counteraction to conduct a handwriting examination, predicting the investigative situation.