Forensic ballistics and its importance in the investigation of crimes. General provisions of forensic ballistics The relationship of forensic ballistics with other branches of forensic science
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1 Ministry of Education and Science of the Russian Federation Federal State Budgetary Educational Institution of Higher Education "Petrozavodsk State University" Faculty of Law Department of Criminal Law and Procedure Forensic ballistic examination Admitted to defense 2016 Head Department: Final qualifying work of the 4th year bachelor of the full-time department Zezyulina Lidia Ivanovna Supervisor: Doctor of Law, Professor Roganov Sergey Aleksandrovich Petrozavodsk 2016
2 2 TABLE OF CONTENTS INTRODUCTION CHAPTER 1 GENERAL CHARACTERISTICS OF FORENSIC BALLISTIC EXAMINATION Essence and importance of forensic ballistic examination Stages of development of forensic ballistic examination CHAPTER 2 FEATURES OF FORENSIC BALLISTIC EXAMINATION Investigation of firearms and ammunition Preparation of materials for the appointment of an examination LIST CONCLUSION REFERENCES AND LITERATURE USED APPENDIX A APPENDIX B APPENDIX C
3 3 Introduction According to the portal of legal statistics, in 2015, crimes related to the illegal circulation of weapons were registered on the territory of the Russian Federation, compared with previous periods, there is a constant increase in this type of crime. 1 The Criminal Code of the Russian Federation of the city contains a number of articles aimed at combating this type of socially dangerous act: article 222 “Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, ammunition”, article 223 “Illegal manufacture of weapons”, Article 224 "Careless storage of weapons", Article 225 "Improper use of duties for the protection of weapons, ammunition, explosives and explosive devices", Article 226 "Theft or extortion of weapons, ammunition, explosives and explosive devices". These crimes are also of increased danger due to the fact that they can be committed by organized criminal groups, since in these structures weapons are used to commit especially serious crimes, such as murder, banditry or robbery. By itself, a firearm, due to the possibility of causing significant harm to human health and life when used, is an increased source of danger, therefore, even the condition that a person has this weapon on legal grounds does not exclude the possibility of its use for illegal purposes, therefore, the relevance of this topic is determined by the fact that in order to successfully solve such crimes, investigators use information obtained in the course of a forensic ballistic examination. Using the methods used in the course of the study, the owner of the weapon, the circumstances of the incident (time, number of shots, location of the shooter, ammunition belonging to the type of weapon, technical serviceability of the weapon, the possibility of firing shots under certain circumstances) are established. The object of the final qualification work is forensic ballistics, the subject is the methods and patterns of forensic ballistic examination. The purpose of the final qualifying work is to study 1 Statistical data for 2015 / / General Prosecutor's Office of the Russian Federation. M., URL:
4 4 activities of an expert and persons carrying out investigative activities during the preparation and conduct of a forensic ballistic examination. To achieve the stated goal, the following tasks should be solved: 1. To study the concept, subject, objects and methodology of forensic ballistic examination; 2. Determine the significance of the conclusions of a forensic ballistic examination for the investigation of criminal cases; 3. Consider the history of the emergence and development of forensic ballistic examination; 4. Determine the main types of firearms, their classification given by the legislator; 5. Determine the issues resolved by forensic ballistic examination, study the process of conducting an examination, determine the methods for conducting classification, identification and diagnostic studies; 6. Determine the features of the inspection of the scene of the incident associated with the use of firearms, identify the features of the preparation of materials provided for forensic ballistic examination; 7. Designate the basic rules for drawing up an expert opinion. When writing this work, the following general scientific and special methods were used: analysis, comparison, generalization, synthesis, analogy, historical, comparative legal and special legal methods. Regulatory base work, amounted to: the Federal Law "On weapons", the Federal Law "On state forensic activities". The theoretical basis of this work was the scientific work of such scientists as Averyanova T.V., Baizakova K.M., Belyakov A.L., Belkin R.S., Bystrova O.N., Shlyundina I.N., Bychkov V. V., Vytovtova N.I., Garmanov V.V., Giverts P.V., Gerasimov I.F., Gorbachev I.V. Gubin S.G., Masyuk O.A., Drapkin L.Ya., Dyakonova O.G., Ishchenko E.P., Knyazkov A.S., Kokin A.V., Koldin V.Ya., Kosarev S. Yu., Koretsky D.A., Korovkin D.S., Krylov I.F., Kuznetsova I.A., Latyshov I.V., Mazur E.S., Malyutin M.P., Miklyaeva O.V. ., Mishutochkin A.L., Shoiko I.A., Neretina N.S., Petrukhina A.N., Popov V.L., Sonis M.A., Stepovoi R.A., Sysoev E.V., Tkhakokhov A.A., Frolov Yu.P., Kharzinova V.M., Khamova I.E., Chebotarev R.A., Yablokov N.P., Yakovleva O.Ya., Yarovenko V.V. This final qualifying work consists of an introduction, two chapters, which in turn are divided into paragraphs, conclusions, a list of references and references.
5 5 The first chapter of the final qualification work is devoted to the general characteristics of forensic ballistic examination, the definition of its concept, subject, goals, objectives and methods, the disclosure of its significance, the identification of the main stages of its development. The second chapter is devoted to defining the objects of research, characterizing the process of researching firearms and ammunition, identifying the main patterns of preparation for an examination, conducting an examination and drawing up a conclusion.
6 6 Chapter 1 General characteristics of forensic ballistic examination 1.1 The essence and significance of forensic ballistic examination When investigating criminal cases involving the use of firearms and ammunition, the investigator may encounter many issues, the resolution of which requires special knowledge in various fields of science. The complex of such knowledge is contained in one of the branches of forensic technology - forensic ballistics. Forensic ballistics research helps to clarify the essential circumstances of the case. With the help of forensic research, a picture of the event, the fact of using a weapon, the method and place of the crime, the distance, direction, number and sequence of shots are established, the causal relationship between the act and the consequences is determined. Latyshov I.V. defines ballistics as a military-technical science about the movement of a projectile, subdivided into internal ballistics, which studies the movement of a projectile directly in the bore of a weapon, and external ballistics, which studies the trajectory of a projectile after it exits the bore. 2 I.F. Gerasimov characterizes forensic ballistics as: “a branch of forensic technology that studies firearms, traces of their impact, ammunition, as well as the development of tools and methods for the study and study of the above categories.” 3 One of the ways to apply forensic ballistics in practice is to conduct a forensic ballistics examination, which, based on the scientific data of forensic ballistics, allows, in the form of criminal procedure established by law with the issuance of an expert opinion, to obtain information that contributes to the investigation and disclosure of criminal cases. 4 The main purpose of a forensic ballistic examination is to establish important circumstances for a criminal case. The tasks of forensic ballistic examination include: establishing the type, type and model of weapons; determination of whether the item submitted for examination belongs to a weapon or ammunition; establishing the type, type and model of ammunition; determining the nature of damage; determination of belonging of parts of weapons or ammunition submitted for examination to a certain type of weapon; 2 Latyshov I.V. Some problems of the formation of the conceptual apparatus of forensic ballistics // Forensic examination S Gerasimov I.F., Drapkin Ya.L., Masyuk O.A. Criminalistics. M., S Belkin R.S., Averyanova T.V., Korukhov Yu.G., Rossinskaya E.R. Criminalistics. M., S. 270.
7 7 establishment of technical serviceability and suitability for firing weapons; determination of the distance, place, trajectory and prescription of the shot; calculation of the number of shots. The essence of forensic ballistic examination L.Ya. Drapkin defines as a study on behalf of the subject carrying out investigative or judicial activities, by an expert, the materials provided to him, in order to identify factual information that is important for a fair resolution of the case. 5 In order to reveal the essence of forensic ballistic examination, it is necessary to determine its features that distinguish one type or type of forensic ballistic examination from another. These features include: subject, object and methods of expert research. The subject of a forensic ballistic examination is the determination of information established on the basis of a study of patterns that affect the components of firearms and ammunition, their interaction during a shot, the phenomena of external and internal ballistics shots, their displays on obstacles. 6 Forensic ballistic examination is characterized by a certain formed list of research objects. I.V. Latyshov subdivides the objects of forensic ballistic examination into three groups: The first group includes material objects: manual weapon(firearms, pneumatic, gas), individual elements and parts of weapons, cartridges and their components, tools and materials used in the production of weapons and ammunition. The second group includes material traces: traces from the impact of weapons (traces of parts and parts of weapons on cartridges, cartridge cases, bullets, traces of a shot on obstacles). The third group consists of procedural documents: protocols for the inspection of the scene with photo tables, testimonies of victims and witnesses, a protocol for the appointment of a forensic ballistic examination, expert opinions that contain information necessary for the production of an examination, as well as information resources: GOSTs for firearms and ammunition, directories, databases, expert collections. 7 5 Drapkin L.Ya. Criminalistics. M., S Garmanov V.V. Preparation and appointment of forensic ballistic examinations // Criminalist S Latyshov I.V. Some issues of systematization of objects of forensic ballistic examination // Bulletin of the Kyui Institute of the Ministry of Internal Affairs of Russia S
8 8 The scientific basis for forensic ballistic examination, according to L.Ya. Drapkin, there are data and information developed by other branches of forensic science: identification theory, trasology. The methods of these sciences are widely used for research on the identification of firearms and ammunition. Also, forensic ballistics is inextricably linked to forensic chemistry, biology and medicine, positions that are used to study firearms and gunshot marks. For example, forensic medicine contains a section that studies the patterns of formation of gunshot wounds on the human body. In the formation of special knowledge for forensic ballistics, an important role is occupied by the information of general ballistics, the science of the movement of bodies based on physics and mathematics. The developed provisions of this science make it possible to identify the mechanism of the shot, the patterns of occurrence of marks on cartridge cases and bullets from different parts weapons, as well as on obstacles. 8 Application scientific knowledge in forensic ballistics it would be impossible without a system of rules and techniques by which forensic research is carried out, such a system is the methodology of forensic examination. The general methodology includes interdependent stages: a preliminary study, a detailed study, and a stage of knowledge assessment and formulation of conclusions. A detailed study, in turn, is subdivided into a comparative and separate study and an expert experiment. S.G. Gubin singled out the following methods of forensic ballistic examination: A) general methods (comparison, experiment, measurement, observation, description); B) auxiliary and instrumental (chemical, introscopy, microscopy); C) special methods. 9 The essence of the comparison method is expressed in a simultaneous study by comparing and combining the features and properties of two or more objects, followed by their evaluation. As a rule, when using this method, the object submitted for examination is compared with reference data. 8 Drapkin L.Ya. Decree. op. S Gubin S.G., Masyuk O.A. The essence and significance of ballistic expertise in the investigation of criminal cases // Interexpo Geo-Siberia S
9 9 The experimental method includes observation of the phenomenon under artificial creation or change of conditions. When conducting a forensic ballistic examination, it is carried out in order to identify the mechanism of interaction between the objects of study, obtaining samples for a comparative study. The experimental method is often used in conjunction with the comparison method, since, for example, a comparative study of shot marks on ammunition is impossible without the use of experimental data. The method of measurement and observation is used in most examinations. Using this method, auxiliary characteristics are determined (dimensions of objects submitted for examination, distance from damage to a specific object); reconstructive signs (location of shells, shells, roads, buildings); diagnostic signs (size of gunshot wounds). 10 The chemical method is used to detect soot, gunpowder and determine its type, to detect various metals (aluminum, lead, copper, etc.) in shot products. Introscopy is performed using X-ray and gamma radiation in order to obtain information about the internal structure of the object. Microscopy is used for a more detailed study of the parts and details of weapons, when comparing the microrelief of traces and to determine the tools that could be used in the manufacture of this weapon. Special research methods are used to establish the possibility of a shot being fired by an object submitted for examination, when studying the technical condition of the weapon, the possibility of firing a shot without pulling the trigger. 11 The variety of methods used by an expert in conducting a forensic ballistic examination allows you to successfully solve the tasks assigned to the expert to establish the factual circumstances important for the investigation of a criminal case, but, despite the availability of these methods, there is a problem that affects the reliability of the conclusions formulated by the expert. So, the presence of errors in measurements, which are explained by the inaccuracy of the methods and means used, as well as the features of the objects under study. During the measurement of the linear dimensions of objects, the accuracy is related to the division value 10 Bystrova ON, Shlyundina IN. The use of instrumental methods in solving issues related to the study of traces and circumstances of a shot // Theory and practice of forensic examination, S Miklyaeva O.V. Methods of expert examination of traces of a shot // Theory and practice of forensic examination C
10 10 ruler, tape measure or caliper. When determining the parameters of gunshot injuries, the measurement error increases due to the impossibility of accurately fixing its edges. The variability of the shot process leads to the fact that many results have a significant error or are presented as an interval of the most probable values, therefore, when conducting a study, an expert must formulate conclusions taking into account these errors. The expert opinion is considered as an independent source of evidence, the process of conducting expert examinations is one of the main tasks of the bodies carrying out this activity. This provision is specified in Art. 2 of the Federal Law of the city of 73-FZ: "the main task of forensic activities is activities aimed at assisting the justice and investigation authorities in identifying circumstances that are subject to proof in a criminal case, by applying the necessary knowledge in resolving issues submitted for examination." 12 The significance of a forensic ballistic examination lies in the possibility of using the data obtained during its implementation as evidence in a criminal case. Article 73 of the Code of Criminal Procedure of the Russian Federation (as amended by 1997) lists the circumstances that must be proven during the investigation of a criminal case. The circumstances that contributed to the commission of the crime are also subject to proof. The circumstances and facts that are established during the production of a forensic ballistic examination may be relevant to the subject of proof or contribute to the establishment of circumstances, being of an intermediate nature, which allows them to be divided into two categories: direct or indirect evidence. As a rule, the results of a forensic ballistic examination are circumstantial evidence on a criminal case. For example, the conclusion in the expert opinion that the bullet that was removed from the body of the deceased was fired from a pistol submitted for examination directly defines the pistol as a crime weapon, but at the same time this fact is not considered direct evidence of the murder by the owner of the pistol, since there is a possibility of using this weapon by another person without the knowledge of the owner or the presence of a cartridge case at the scene, but the absence of a bullet does not directly indicate that a weapon was used in the commission of the murder, since it can be planted on the scene intentionally or accidentally be there . 12 On state forensic activities: the federal law from the year 73-FZ (with the last changes to the year) St
11 11 Despite the circumstantial nature of the evidence, in some criminal cases the expert opinion may be the only evidence that explains the very mechanism of committing a crime from the point of view of technical sciences, such as mathematics, physics and mechanics. Obtaining new information in the course of a forensic ballistic examination is one of the significant differences between an expert's opinion as a source of evidence and other types of evidence. 13 Evaluation of the expert opinion by the investigating authorities or the court is carried out on a general basis, in accordance with Art. 88 of the Code of Criminal Procedure of the Russian Federation, obtaining new information during the examination does not give the expert's opinion any advantages over other types of evidence. If the conclusions formulated by the expert contradict other evidence, due to the incompleteness of the actual materials or the poor quality of the study, and also if the conclusion lacks motivation or the arguments listed in it are not convincing, the expert’s conclusion will be subject to verification of its correctness and, if these shortcomings are found, be rejected by the court. Also, if the examination was carried out in violation of the law, or the expert went beyond his competence in formulating conclusions and used the functions of the court to assess the evidence available in the case, this conclusion as a type of evidence, will be considered inadmissible and have no legal force in accordance with Part 1 of Art. 75 Code of Criminal Procedure of the Russian Federation. 14 Yu.P. Frolov cites an example from expert practice, in which the court ordered a forensic ballistic examination to resolve the issue of whether the sawn-off shotgun seized from the suspect during the search belonged to a firearm, during which the expert indicated that this item was a smooth-bore firearm prohibited for storage. This appraisal wording could have influenced the decision of the court, so the expert had to confine himself only to determining whether the item belonged to a weapon. 15 To implement the possibility of using the expert's opinion as evidence in a criminal case, the expert, when conducting a study, must be guided only by officially approved methods 13 Kokin A.V. The conclusion of an expert on forensic ballistic examinations in the system of evidence in criminal cases // Izvestiya of the Tula State University. Economic and legal sciences S Knyazkov A.S. Problems of evidentiary significance of the appointment, production and evaluation of the results of forensic examination // Bulletin of TSU. Right Frolov Yu.P. Forensic assessment of objects of forensic ballistic examination when deciding whether to classify them as firearms // Expert criminalist S. 21.
12 12 research using knowledge that does not go beyond the scope of forensic science, since the use of knowledge from other sciences can lead to erroneous conclusions or doubt of the justice authorities in the correctness of the conclusion. Also, the expert during the examination should not go beyond his competence, no matter what influences the decision on the case. Thus, the essence of a forensic ballistic examination lies in the process of an expert conducting research on firearms and ammunition, this process is characterized by the presence of a special subject, objects and methods of expert research that determine the specifics of this study. The value of a forensic ballistic examination lies in the use of information obtained during its implementation as evidence in a specific criminal case. 1.2 Stages of development of forensic ballistics The emergence of forensic ballistics is inextricably linked with the beginning of the use of firearms. With the emergence of cases of intentional or careless gunshot wounds, it became necessary to establish the true events of the incident by examining the firearm itself, bullets, buckshot and shot, as well as traces of the shot, in connection with which doctors, gunsmiths and chemists began to be involved in the investigation of crimes activities that contributed to the formation of a system of knowledge about forensic ballistics and forensic weapons science, used by forensic experts to the present. According to O.V. Miklyaeva, is ballistics, the formation of which is determined by the scientific research of Archimedes in the field of mathematics. Later, ballistics was developed in the 16th century in the work of Leonardo da Vinci, devoted to the study by means of experience of the relationship between the shape and trajectory of the projectile and flight range, as well as the scientific study of Nicola Tartella, containing data related to artillery. 16 A.A. Tkhakokhov believes that one of the first forensic ballistic examinations carried out in Russia is the study of the traces of a shot, carried out by 16 Miklyaeva O.V. General provisions of the private theory of forensic examination of the traces and circumstances of the shot // Lex Russica P. 837.
13 13 in the 17th century, during this study, Moscow doctors examined a corpse with a wound in the head area, in the conclusion it was indicated that there was a bullet in the wound, but it was not possible to extract it, in connection with which it was concluded that death was the result of a gunshot wound. This study indicates the absence of technical means and methods for extracting and examining the bullet, but at the same time, an attempt to examine the wound and formulate the causes of death is an indicator of the application of observation and description methods in practice. 17 Throughout the 17th and early 19th centuries, there were shortcomings in the investigation of crimes related to the use of firearms, so in 1825 Vasily Otrahovich wounded his wife with a shot from a gun. During the interrogation, the victim claimed that the shot was fired intentionally, the suspect denied this fact, pointing out that the gun was loaded in the room, and at night, due to an accidental fall, it fired a shot. In this case, the court delivered a guilty verdict, based on the assumption that the gun could not fire during the fall, the study of the weapon itself was not carried out, experiments were not performed, and the gunshot wound of the victim was not examined. 18 The presence of gaps in the investigation of this type of crime led to a delay in trials and accusations based on the assumptions and conjectures of investigators and judges, which violated the principle of fair justice, therefore, by the middle of the 19th century, the investigating authorities began to turn to specialists and scientists for help. So, O.V. Miklyaeva, gives an example of a case being considered by a court in 1853 on charges of murdering an Austrian subject with a pistol, during the trial, the court, due to the difficulties that arose and the presence of many unclear circumstances of the injury, sent a request to the professor of the Medical Academy N.I. Pirogov in order to obtain information about the nature of the wound of the victim. By the middle of the 19th century, N.I. Pirogov carried out many studies that are important for the development of forensic ballistics, for example, in 1873 the court appointed an examination during the consideration of the case of the murder of a peasant woman Nagibina, according to witnesses: Nagibina, while at home, in order to frighten thieves, fired a shot at side of the window with a blank charge from a gun and, taking another 17 Tkhakokhov A.A. The history of the development of forensic examination and forensic institutions in Russia // Young scientist S Krylov I. F. Selected works on criminalistics. SPb., S
14 14 a gun, went to the window, after which a shot was heard, and Nagibina fell. Several questions were posed for examination by the court: about the location of the bullet's entry hole on the victim's corpse, as well as about the distance of the shot. In conclusion, N.I. Pirogov indicated that the murder was committed by a shot through the window; in conclusion, he reflected schematic representations of the inlet and outlet of the wound and a sketch of the movement when a bullet was fired through the window. The conclusion also indicated that during the examination, in order to study additional versions of the event, experiments were carried out with weapons with different barrel lengths and with different body positions at the time of the shot. 19 One of the first attempts to generalize forensic ballistic studies, according to N.S. Neretina is the work of A. Nake, published in 1874, containing a section on the study of firearms. In this section, the author notes that the answers to the questions posed to the expert about the prescription of the shot depend on the characteristics and distinctive features of the weapon, as well as on the type of gunpowder used. The author also identifies several stages of the examination: expert examination, research and answer to the question posed to the expert. 20 In 1879, N. Shcheglov wrote a work containing information about forensic ballistics, namely: types of firearms, types of projectiles and the essence of the processes that occur during a shot from a firearm. At the same time, special attention was paid to the discovery of new features necessary to form the basis for the study of firearms and shells. The author also indicated the signs necessary for the identification of weapons: a mark on the bullet, which arises from the fields of rifling in the bore. 21 After the creation in Russia of an analogue of a foreign X-ray apparatus in 1897, A.S. Popov together with S.S. Kolotov began to conduct experiments with the aim of detecting, using X-rays, bullets or shots that were in the body of a person. But, despite successful experiments in this area, as noted by V.L. Popov, the introduction of this type of research into practice was difficult. So, in 1898, a criminal case was considered in court in accordance with which: Yurison was caught by foresters during an illegal hunt, during the flight to Yurison shots were fired, one of which hit him in the leg, despite this, the accused managed to escape. Yurison denied his guilt, and the presence of injuries to 19 Miklyaeva O.V. General provisions of the private theory of forensic examination of the traces and circumstances of the shot // Lex Russica S Neretina N. C. From scientific laboratories to forensic laboratories. The Development of Forensic Science in the 18th and 19th Centuries // Actual Problems Russian law. M., S Miklyaeva O.V. Decree. op. From to
15 15 on the leg explained by illness. The court offered to examine the defendant's leg with the help of X-rays, but the latter refused the study, citing fear for his health. 22 Already to early XIX century, most criminal cases involving the use of weapons were considered by the court using expert opinions. In 1901, in one of the courts, the case of the murder of Liskova was considered, the defendant was her husband, who denied his involvement, claiming that his wife had committed suicide. At the autopsy, the doctor determined that death had occurred as a result of a shot from a revolver in the chest. During a visual examination, the doctor found traces of burns on the clothes, which, in his opinion, indicated that a shot had been fired at close range. This information was questioned, so the court ordered a forensic ballistic examination, during which the expert began to conduct the following experiments: shots were fired from a revolver seized at the scene of the incident at a fabric hung on the wall. In the course of using the comparison method, at the end of the experiment, the investigator concluded that the shot was fired at a distance of several meters. Thus, the version of suicide was refuted. 23 From 1912 to 1914 in major cities Forensic examination rooms began to be created in Russia, which conducted, among other things, forensic ballistic research. Thus, two spent shell casings were delivered to the office located in St. Petersburg, which were at the scene of the incident, a bullet extracted from the corpse of the victim, as well as a pistol found on the person suspected of the crime. The question was raised before the experts about the belonging of the bullet and cartridge cases to the pistol. The conducted studies were close to the modern ones according to their methodology. From the presented pistol, shots were fired to obtain samples of cartridge cases and bullets. After that, the obtained samples were compared with the help of a microscope with the bullet and cartridge cases provided for examination. During the study, identical signs of traces of a shot were found on the samples. In 1913, a bullet and a revolver were provided to the office in Odessa. The case file contained the following information: an attempt was made on the peasant Azarov. The offender fired several shots at Azarov, after which he fled. Azarov suspects his fellow villager of committing this crime, with whom he recently quarreled. The bullet was found 22. Popov V.L., Shigeev V.B., Kuznetsov L.E. Forensic ballistics. SPb., With Miklyaeva O.V. Decree. op. S. 839.
16 16 at the scene, the revolver was confiscated from the suspect, the expert was faced with the question of whether this weapon belonged to the crime. As in the above study, experimental shooting was carried out by the expert to obtain bullet samples. With the help of a microscope, identical signs of samples from the bullets provided for examination were established, but there were also some individual discrepancies. So, on the body of the bullets there were scratches, the location of which corresponded to the location of the rifling in the bore, but despite this, the scratches differed in width and length. When drawing up the conclusion, the expert explained the presence of these differences in the impossibility of matching all the conditions affecting the type of bullet, for example, the amount of gunpowder used, the cleanliness of the bore, etc. Forensic ballistics is a separate area of expertise in forensic science. The concept of forensic ballistics in the literature was first used in 1937 by V.F. Chervakov, in his scientific works he systematized the information accumulated in this area, developed theoretical principles and established the subject and tasks of forensic ballistics. S.P. Mitrichev and N.V. Terziev expressed objections to the use of this term due to the fact that the very concept of ballistics only indirectly refers to the study of weapons and does not reflect the specifics of this study, suggesting the introduction of the term "forensic examination of firearms and ammunition". Despite these assessments, the term forensic ballistics is used in the scientific literature and is still used in practice. 25 Also, this period is characterized by the creation of manuals, monographs and guidelines used by experts when conducting forensic ballistic examinations. So, V.I. Molchanov, in the course of studying the accumulated information, identified the signs necessary to determine the type of projectile, the distance of the shot, the dependence of the nature of gunshot injuries on the type of projectile, B.M. Komarinets, B.N. Ermolenko in his scientific papers described the mechanisms of trace formation, the basics of forensic ballistics were reflected in the work of S.D. Kustanovich. V.V. Kolkutin, Yu.D. Kuznetsov, T.V. Lazarev, in order to study the dependence of the nature and volume of gunshot damage on the energy of the projectile, was 24 Kosarev S.Yu. History and theory of forensic methods for investigating crimes. M, S Miklyaeva O.V. Decree. op. S. 890.
17 17 many experiments were carried out in the course of which it was established that it was possible to determine the distance of a non-close shot. Along with the systematization of the above information, the professional activity of experts in the system public institutions. Methods for the study of firearms began to be developed by scientists within the framework of forensic technology, forensic medical examination and taught in higher educational institutions involved in the training of specialists in the field of forensic science. 26 At the moment, the development of forensic ballistic examination is facilitated by the emergence of new types of firearms and ammunition for it. In connection with global computerization, an innovative development path is introduced, due to the use of information technologies, high-tech instruments and equipment. Simplification of the search, analysis, processing, transmission and storage of the necessary data is achieved by using identification systems for determining whether cartridges or cartridge cases belong to a particular type of firearm, for example, the Arsenal system, and information retrieval systems for ammunition are also created for the purpose of prompt exchange of information. 27 firearms and According to I.V. Latyshov, the operation of such systems should be based on several subspecies of reference and information funds, which contain data on a sample of a natural collection, on the characteristics of an object, with its detailed description and illustrations. The author refers to such information retrieval systems the programs "Weapons", "Cartridges", "Stigma". 28 Despite the possibility to make changes to these programs, some of the information is notable for its inaccuracy, which can lead to errors in the identification of firearms, and therefore it is necessary to constantly monitor and verify this information with the involvement of specialists in the field of forensic ballistics. The use of new equipment during research, for example, a scanning electron microscope, also contributes to improving the quality of forensic ballistic examination. This type of microscope allows 26 Vytovtova N.I. The history of the development of methodology in forensic science // Bulletin of OrSU S. Malyutin MP. Russian criminalistics: current development trends // Theory and Practice community development With Latyshov I.V. Methodology of forensic ballistic diagnostics and directions of its development // Bulletin of the St. Petersburg Ministry of Internal Affairs of Russia S
18 18 to obtain an image of the object under study with a multiple increase, and also allows you to analyze the presented substance. Such a microscope is used to study the traces of a shot. 29 In order to facilitate the illustration of forensic ballistic reports, experts use the Raster system, which can be used to process, analyze and prepare the necessary images, as well as conduct comparative studies of objects by combining their images. To facilitate the calculations, special calculation programs are created, for example, the program “Calculation of external ballistic parameters of a shot”, which is used to determine the speed of a projectile at a certain distance from the place from which the shot is fired, as well as to calculate the flight path of the projectile. 30 Usage innovative technologies in the production of forensic ballistic examination, it greatly facilitates and improves the quality of the work of an expert, while the use of new methods of work requires certain knowledge in the field of computer technology, therefore, in order to achieve the correct and widespread use of such technologies, it is necessary to increase the level of knowledge of experts and introduce work training into the educational process with such software and technology. Thus, several stages can be distinguished in the development of forensic ballistic examination: the first stage is associated with the emergence of general knowledge of mathematics and physics, which are the basis for ballistics; the next stage is associated with the emergence of firearms and the emergence of the need to investigate crimes related to the use of weapons, this period is characterized by the use of the knowledge of gunsmiths and physicians in conducting examinations; the next period is associated with the emergence of experts specializing in forensic examinations, as well as the development of basic methods and techniques for conducting research. The current stage of development of forensic ballistic examination is the use of computer technology to simplify and improve the activities of experts. 29 Giverts P.V., Oherman G., Bokoboza L., Shekhter B. Comparative analysis of the prospects for using microscopes of various systems in forensic ballistic identification // Proceedings of the Saratov University S Sysoev E.V., Seleznev A.V., Burtseva E. .V., Rak I.P. New information technologies in forensic science. T., S. 40.
19 19 Chapter 2 Features of forensic ballistic examination 1.2 Investigation of firearms and ammunition During the investigation of any of the crimes involving the use of firearms, the investigator must have information about the technical characteristics of the weapon, the possibility of classifying this item as a weapon, therefore, each object, seized at the scene, having signs similar to a weapon, is subjected to a forensic ballistic study. The legislator gives the following definition of weapons in the Federal Law from d FZ: "objects and devices designed to defeat a live or other target, as well as to give signals." 31 R.A. Stepovoi defines weapons as devices or objects, the purpose of which is to destroy objects or living beings, limited in accordance with the law in circulation, in order to preserve the life and health of citizens, property, and the environment. This concept defines the legal features of a weapon: A) The purpose is to defeat living beings; B) The regime of special conditions regulated by law, limiting the turnover of objects that have signs of weapons; C) Increased danger of causing serious harm to the health of citizens. 32 Definition of the concept of weapon R.A. Stepanov has an advantage over the legislator's definition, as it contains several legal features by which an object can be classified as a weapon. In order to systematize the whole variety of types of weapons, their classification is used, the basis for which is the nature of the objects, the main purpose of using this item as a weapon, as well as the technical component of the weapon. According to I.P. Ishchenko, the following categories of weapons can be identified: A) Depending on the nature of the action, it is distinguished: firearms; To the question of the concept and legal features of weapons // Business in law C
20 20 pneumatic, alarm and gas; B) Depending on the purpose (purpose of use): civil, combat and official. 33 Firearms include weapons that are designed to mechanically hit a target at a distance with a projectile, the directed movement of which is obtained due to the energy of a powder or other charge. 34 Civil weapons according to art. 3 FZ from 150-FZ: “is a weapon that is used by citizens of the Russian Federation for hunting, sports, and self-defense.” In turn, in accordance with Art. 4 and 5 of the Federal Law from the city of 150-FZ "On Weapons": "service and military weapons can be used for self-defense or in the performance of their combat or operational duties officials having the appropriate permission of the state”. 35 K.M. Bayzakova, in order to facilitate law enforcement, proposes to combine the concept of military and service weapons, since the purpose of these types of weapons is to defeat a living object in order to protect and protect the interests of a person, society and the state, and in the law these concepts differ only in wording. There is also a need to separate the concept of signal weapons into a separate category, due to the fact that the intended purpose of signal weapons is expressed in the filing of various types of signals, which differs significantly from the purpose of other subtypes of civilian weapons. 36 D.A. Koretsky proposes to introduce an additional classification of weapons in accordance with which the division of types of weapons is carried out not in accordance with their intended purpose or characteristics, but taking into account the consequences and harm that this weapon can cause. This is how they stand out: A) Stunning weapons objects, the purpose of which is to act without causing injury, but causing dysfunction for a short time in order to counteract the active actions of a person; B) lethal-traumatic weapon items, the purpose of which is to defeat living beings by causing damage, 33 Ishchenko E.P., Toporkov A.A. Criminalistics. M., S Yablokov N.P. Criminology. M., S On weapons: Federal Law of the year 150-FZ (with the last changes of 408-FZ) St. Baizakova K.M. On the problem of balancing the current legislation in matters of weapon classification // Bulletin of UYSU P. 32.
21 21 causing a short-term disorder of body functions; C) Deadly weapons are items whose purpose is to cause death or significant harm to health damage to a living being. 37 L.Ya. Dryapkin gives a classification of weapons according to their technical characteristics, in accordance with it: A) depending on the length of the barrel, weapons can be divided into (short-barreled, medium-barreled and long-barreled); B) depending on the device, the channel can be distinguished (smooth-bore, rifled and combined); C) depending on the diameter of the barrel, the weapon is divided into (small, medium and large-caliber); D) depending on the actions of the trigger mechanism, (automatic and non-automatic) weapons are distinguished. Also, depending on the method of manufacturing weapons, one can distinguish: factory-made weapons, artisanal weapons, atypical weapons. Factory weapons are manufactured on an industrial scale in accordance with generally accepted standards and certain technical characteristics, while handicraft weapons are created in separate workshops and differ in design from generally accepted models. Atypical weapons are created from homemade materials by a person without the right to manufacture such weapons. 38 I.A. Kuznetsova notes that the concept of atypical weapons is interpreted by scientists in different ways, atypical weapons are often called: handicraft, home-made, defective. So some scientists attribute ancient handicraft and factory samples to this type of weapon, others attribute self-propelled guns or sawn-off shotguns to it. According to I.A. Kuznetsov, for a more complete understanding of the concept of atypical weapons, it is necessary to highlight the following features: A) The design of the object, expressed in the non-standard nature of its main elements and their difference from generally accepted GOSTs; B) The specificity of the combat and ballistic characteristics of the object. The solution of the issues of ordering the classifications of weapons is necessary for the purpose of correct qualification of the acts of the criminal, determination of public danger 37 Koretsky D.A., Solonitskaya E.V. Weapons and their illicit trafficking: criminological characteristics and warning. M., S Drapkin L.Ya. Decree. op. S. 171.
22 22 crimes. 39 Forensic experts establish the type, model and system of firearms in order to be able to determine the properties of the weapon that are significant for the investigation of criminal cases, so using the classifications indicated above, one can draw conclusions about the purpose, rate of fire, lethal force, weapon design and trajectory bullet movement. Also, this data can be used to determine the legality of the use of weapons by a certain person, the possibility of establishing the source of the acquisition of this weapon, ascertaining the details and conditions for the commission of a crime. When investigating crimes, the initial task of the investigator to properly qualify the act and determine the elements of a crime in it is to decide whether the item to be seized from a person is a weapon or its components, as well as ammunition. The need to resolve this issue was first mentioned by the legislator in the resolution of the Plenum of the RF Armed Forces dated 5. This resolution states that the determination of the fact of classifying an object as a firearm is necessary at the initial stage of the investigation of crimes provided for in Articles 222, 223, 224, 225 and 226 of the Criminal Code of the Russian Federation. 40 For this purpose, the examiner applies a classification examination in the examination of firearms. The essence of this examination is to find the correspondence between the features of the subject of research and the features of firearms. The main features of the weapon were designated by M.A. Sonis, these include: A) constructive; B) the energy characteristics of the projectile; B) reliability. The design features of the weapon are characterized by the presence of an element for accelerating the movement of the projectile, that is, a barrel, an element with a locking device, and a mechanism for igniting the charge. The energy characteristics of a weapon make it possible to establish the possibility of a projectile to harm people's health. Reliability lies in the ability to fire a shot 39 Kuznetsova I.A. Problems of the concept of "weapon". Civil law aspect // Bulletin of the Chelyabinsk University C On judicial practice in cases of theft, extortion and illicit trafficking in weapons, ammunition, explosives and explosive devices: Resolution of the Plenum of the Supreme Court of the Russian Federation dated 5 (with the last change to 1)
23 23 repeatedly without destroying the weapon itself. 41 In accordance with the "Methodology for an expert decision on whether an item belongs to a firearm", when assessing the design features of a weapon in relation to a specific item, the forensic expert performs a visual inspection of the parts, mechanisms and details of the item submitted for examination, evaluates them for the presence of hidden defects that affect on the reliability of this item as a weapon, reveals the method of creating this item. Also, to establish energy signs, experimental shooting from this object is carried out, after which, based on the data obtained during the experiment, calculations are made kinetic energy projectile. Provided that the given object has all the signs of a firearm, the expert makes a conclusion that this object belongs to a weapon, indicating the method of its creation, classification by model, type, caliber. In turn, the object is not recognized as a firearm if any of the above signs is missing. 42 The absence of certain signs of a firearm in an item submitted for examination is the basis for not recognizing such an item as a firearm, in connection with which, in investigative practice, a situation may occur in which the expert does not recognize as such an item made in an atypical way that is capable of make a shot, but due to non-compliance with production standards, does not have any constructive feature of the weapon. So, V.V. Yarovenko in his article gives an example of an examination of a gas-cylinder pistol, a metal tube and a design drawing provided by the suspects. The expert, in accordance with the drawing, recreated the device and fired a shot. In conclusion, it was stated: it is possible to fire a shot from a gas-balloon pistol, the device contains a set of proper, but insufficient features of a weapon. 43 In order to prevent a situation that allows the offender to avoid criminal liability, it is necessary to amend the “Methodology for establishing 41 Sonis M.A. On the methods of forensic ballistic examination // Theory and practice of forensic examination S Gorbachev I.V. Methods of expert solution of the question of whether an object belongs to a firearm. M., 200. With Yarovenko V.V. Problems of expert examination of firearms and cold steel // Law and Politics S. 802.
UDC 343: 623.5 ESSENCE AND SIGNIFICANCE OF BALLISTIC EXAMINATION IN THE INVESTIGATION OF CRIMINAL CASES Sergey Grigoryevich Gubin Siberian State Geodetic Academy, 630108, Russia, Novosibirsk, st.
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Forensic ballistics (ballistics - from the Greek ba11o - I throw) is a branch of forensic technology that develops tools and methods for detecting, fixing and examining firearms, ammunition and traces of their use in order to resolve issues that arise during the investigation of criminal cases. The main content of forensic ballistics is the study of the movement of projectiles (bullets, buckshot, shot) in the bore of a weapon and in the air, as well as the properties of the weapon, ammunition, the mechanism of the shot resulting from its traces.
Among the issues resolved by its methods, three main groups can be distinguished:
1) determination of the properties of firearms and ammunition that appear in the case as material evidence (for example, whether the item seized from the detainee is a firearm; what is the system and model of the weapon submitted for examination; is it suitable for shooting, etc.);
2) identification of the weapon and ammunition by traces of the shot (for example, whether the bullet extracted from the body of the murdered person was fired from the given pistol; whether the cartridge case found at the scene of the incident was fired from the weapon of the accused);
3) establishing the circumstances of the use of firearms: the distance from which the shot was fired, the direction of the shot, the location of the shooter and the victim, the number of shots, their sequence, etc.
When solving a number of forensic problems, the object of research is not individual material evidence, but the situation at the scene, for example, when establishing the location of the shooter. This necessitates appropriate ballistic studies at the bridge of the incident and careful fixation of interrelated patterns and signs of the use of firearms by photographing, measuring and recording. In the production of ballistic studies, forensic photography and traceology methods are widely used, especially for identification purposes.
In the study of traces of a shot and ammunition, spectral, x-ray and chemical analyzes are used. Gas-liquid chromatography and infrared spectrometry are used to study lubricant particles and sediment. In the study of gunshot injuries on the body and clothing, forensic ballistics is closely related to forensic medicine.
In a number of tasks solved by forensic ballistics, it is important to establish the properties of firearms that are essential for the case.
The fact that an object is related to a firearm is essential for the correct qualification of a crime, and in some cases determines the presence or absence of the corpus delicti itself, for example, in cases of illegal carrying, storage, manufacture or sale, as well as theft of firearms (Article 222- 226 of the Criminal Code of the Russian Federation). With regard to standard factory-made weapons: military, hunting, sporting, the question of their relevance to firearms is decided by an investigative or judicial examination.
With regard to handicraft or specially adapted firearms, this issue requires expert study. In the process of research, the presence of signs of such weapons listed in the previous paragraph is checked.
To determine the reliability of the weapon and the lethal force of the projectile, experimental shooting is carried out, during which the initial velocity of the projectile, and its kinetic energy, are determined using special installations.
Determining the type, system and model of a firearm makes it possible to judge the essential properties of a weapon: purpose, design, rate of fire, lethal force, trajectory and range of a bullet (this information is also used to determine the legality of the use of this weapon by a certain person and establish the sources of its acquisition).
The type of firearm is understood as a class of firearms that has related design and ballistic characteristics, due to the general purpose. Accordingly, combat (military), service, civilian weapons (self-defense, hunting, sports) and atypical (criminal) weapons are distinguished. The system is understood as the original design of a weapon, which is given an independent name, most often by the name of the designer, for example, “PM” - a Makarov pistol, a Smith-Wesson revolver, a Mosin rifle, etc. Constant modernization, improvement of weapons lead to the appearance within the same systems of various designs of options: models or samples of weapons, which also differ in the year of development or commissioning.
The most important ballistic-forensic part of a firearm is its barrel. On the basis of the device of the barrel, rifled and smooth-bore weapons differ, first of all. Rifts are helical recesses in the bore that give the bullet a rotational motion as it passes through the barrel, which ensures greater accuracy and range. Most systems of modern firearms are rifled. Shotguns and homemade weapons are usually smoothbore. According to the length of the barrel, long-barreled, medium-barreled and short-barreled weapons are distinguished. Long-barreled rifles include military and training and sports rifles, as well as hunting rifles. Medium-barreled weapons include military submachine guns and machine guns. Short-barreled weapons include pistols and revolvers, as well as most homemade weapons. Short- or medium-barreled weapons also include sawn-off shotguns, i.e. rifles, shotguns and carbines, in which part of the barrel has been removed.
The shortening of the barrel significantly worsens the ballistic properties of the weapon. The third essential feature of the barrel device is its caliber, i.e. the diameter of the bore, measured in a rifled weapon between two opposite fields (protruding sections of the bore). The caliber of handguns in millimeters ranges from 5.6 to 11.45. In hunting firearms systems, the caliber is designated differently, in particular, caliber 12 has a bore diameter of 18.2 mm, and caliber 32 has a diameter of 12.7 mm with corresponding intermediate values.
According to the action of the mechanism, automatic and non-automatic weapons are distinguished. In automatic weapons, operations for reloading and firing shots are carried out due to the energy of combustion of a powder charge. In non-automatic weapons, they are carried out manually. Modern military weapons are automatic: self-firing or self-loading. Hunting and homemade weapons are mostly non-automatic.
Determining the serviceability of a weapon and its suitability for firing becomes essential for an investigation when it is necessary to establish whether it is possible to produce a single shot or automatic firing from a given weapon in the specific circumstances of a criminal case.
It should be borne in mind that the forensic criterion for the suitability of a weapon for firing differs from the general technical one. So, from the point of view of weapons technology, it is subject to repair or decommissioning, i.e. is technically faulty, the weapon has defects in the aiming device, stock handle, severe wear of the barrel, etc. However, from the point of view of forensic ballistics, such defects do not prevent the criminal use of firearms.
As a result of a ballistic-forensic study, it can be established:
a) the weapon is serviceable and suitable for shooting;
b) the weapon is in good condition, but in the presented form for one reason or another (hardened lubricant, barrel clogged with earth, etc.) is unsuitable for shooting;
c) the weapon has individual malfunctions (absence of a front sight, weakening of the springs, slight swelling of the barrel, etc.) that do not prevent systematic shooting;
d) the weapon is faulty, but under certain conditions it is possible to fire single shots from it, for example, single shots from a machine gun in the absence of a magazine, shots from a pistol in which a nail is inserted instead of a striker, shots from a revolver with a faulty trigger mechanism by pulling the trigger by hand, etc. P.;
e) the weapon is defective and unsuitable for shooting. First, an external inspection of the weapon and testing of the interaction of its parts is carried out. In this case, X-ray photography or gammagraphy of the weapon is recommended. Then, an incomplete or complete disassembly of the weapon is carried out with a study of the existing malfunctions and their impact on the possibility of firing shots. Of great importance for the conclusions is the experimental firing of weapons, carried out with the obligatory observance of safety rules.
Establishing the possibility of a shot without pulling the trigger (the so-called spontaneous shot). It is essential for establishing a deliberate, careless or accidental shot, on which the criminal-legal assessment of the actions of the shooter depends.
Shots without pulling the trigger are possible from both faulty and serviceable weapons. The immediate cause of the shot in these cases is the action of the striker on the primer of the cartridge case, leading to the ignition of the powder composition as a result of a strong general concussion of the mechanism, the fall of the weapon, blows with the weapon or on the weapon, especially on the trigger, the rear end of the striker or the part connected to the striker. The determining influence on the possibility of a spontaneous shot is exerted in this case by the state and mechanism of action of the trigger device, which releases the firing pin, trigger or bolt being cocked.
In the process of expert research, the details of the mechanism of the weapon are studied in their original state, after which a partial disassembly of the weapon is carried out. Before the production of experiments, the circumstances and conditions under which a shot could have occurred at the scene of the incident are carefully studied, and expert versions are developed that are verified by a series of experiments.
Restoration of cut markings
Restoration of sawn markings on weapons (number, year of manufacture, factory) allows you to establish the legal owner of the weapon and its connection with a previously committed crime: theft, robbery, murder.
Stamping a marking causes a change in the properties of the metal at the location of the strokes of the designation: hardness, plasticity, electrical conductivity, solubility, etc. The recovery techniques are based on this.
After a preliminary inspection of the external parts and the identification of areas where the destroyed designations are supposed to be, an incomplete disassembly of the weapon is carried out in order to detect markings on the internal parts of the weapon.
The pre-examined surface is ground, polished and degreased. Then chemical, electrochemical or magnetic recovery methods are applied.
Establishing the group affiliation of the source of origin of ammunition (and, in particular, the type, type, kind of cartridges, gunpowder, bullets, shot, buckshot, cartridge cases and wads) allows one to judge the type of firearm for which they are intended or in which they were used at the crime scene . If there are comparative samples of ammunition confiscated from the persons being checked, a group identification can be made or the source of the origin of the ammunition can be established, which can serve as one of the evidence of the connection of such persons with the crime event.
Two types of gunpowder are used to equip cartridges: smoky and smokeless. Cartridges for military weapons are equipped with smokeless powder. Smoke powder is used in hunting weapons and homemade cartridges.
The study of the shape, size, color of unburned powders found on a damaged barrier (clothing, corpse skin, etc.), as well as the chemical composition of soot, makes it possible to determine the type and grade of gunpowder used by criminals. This is essential for judging the type of cartridge used by the offender and for comparison with the ammunition found on him.
Bullets for cartridges of various types differ in shape, height, caliber, presence of a shell and its material. The so-called special bullets have a special device. In addition to the jacket and core, these bullets have a cup filled with incendiary, tracer, or explosive, depending on the purpose of the bullet.
In the cartridges of a hunting rifle, bullets, shot or buckshot are used. The composition of the shot, especially shot of handicraft origin, is very diverse. In addition to lead, tin, arsenic, antimony, alloys may contain many other components in various proportions.
The study of the chemical composition of the raw materials used by criminals to make the shot provides valuable evidence through a comparative study of the shot found at the scene and found on the suspect. Such a study is carried out by spectroscopy. Its high sensitivity makes it possible to use even microquantities of compared materials (laser microspectral analysis). If the qualitative and quantitative compositions of the compared shot coincide, it can be concluded that it was manufactured at the same shot foundry. In cases where handicraft shot “chop” is found, one should keep in mind the possibility of identifying the tool (chisel, chisel, knife, pincers, etc.) that was used to make the shot by means of a traceological examination. The projectile and the powder charge are fastened with the help of a sleeve, which is a cylindrical or bottle-shaped cup made of iron or brass. Cases for cartridges for hunting rifles are sometimes made of cardboard. Sleeves of various cartridges are also very diverse in their design, method of fastening with a bullet and markings.
The spent bullets and cartridge cases found at the scene provide valuable data on the type of cartridge used by the perpetrator. Establishing the type of cartridge makes it possible to judge the system or range of systems of the used firearms, which is very important for its search, and to obtain valuable evidence when the appropriate ammunition is found in the suspect.
To determine the type of cartridge for a fired bullet and cartridge case, their shape, height, diameters, method of fastening (punching, crimping), bullet sheath material and cartridge case material, weight, markings, dimensions of the annular recess, slope and sleeve flanges are studied. The received data is compared with the existing tables and collections.
In cartridges for hunting weapons, in addition to the indicated parts, there are also wads and gaskets that separate gunpowder and shot and cover the shot. Wads in factory cartridges - felt and cardboard. In the home-made manufacture of cartridges, a wide variety of materials are used as wads: paper, tow, cardboard, etc.
Identification of firearms. Represents the most common forensic ballistic examination. It can be carried out on shells and shells.
_ 4. Finding, examining, fixing and seizing firearms
and traces of a shot
_ 5. Forensic analysis of weapons and traces of their action
_ 1. General provisions of forensic ballistics
Forensic ballistics is a branch of forensic technology that develops tools, techniques and methods for detecting, fixing, seizing and examining firearms and the consequences of their use in the material environment of a crime to resolve issues that arise in investigative and judicial practice.
New social relations in the country caused a rapid increase in crime, its qualitative changes in the form of organized crime and an increase in the level of such dangerous attacks as murders, robberies, and banditry.
When committing these and other crimes, a wide variety of weapons are often used. Law and jurisprudence define weapons as devices and objects that are designed to strike a live or other target. Illegal carrying, manufacturing, storage, sale, and acquisition of weapons form an independent crime, and in the context of an increase in the level of organized crime, it is often used to take measures to counter the investigation.
It is becoming more and more difficult to prove guilt in such crimes as murders, robbery, banditry, therefore, the investigating authorities are taking the path of attracting dangerous criminals for less serious crimes, in particular for carrying weapons. Almost every instance of a weapon appearing in criminal proceedings becomes the object of an expert study, including to resolve the issue of whether the item is a weapon.
Forensic ballistics is closely connected with various branches of forensic science, namely: with the theory of forensic identification, operational and research photography, trace science, etc. Thus, the identification of weapons by fired bullets and cartridge cases is based on the scientific principles of forensic identification. The provisions of traceology on the regularities of the mechanism for the formation of traces are used in forensic weapons science, taking into account the specifics of traces resulting from the use of various weapons. During photographic fixation and expert examination of weapons, bullets, cartridge cases and other ballistic objects, special shooting methods developed by forensic photography are used.
Forensic weapons science is closely related to the norms of criminal law and criminal procedure. The timely detection of illegal manufacture of weapons, as well as the suppression of the careless storage of firearms, is a means of preventing serious crimes in our country.
Forensic weapons science widely uses modern achievements physics and chemistry. In addition, this branch of forensic technology is associated with forensic medicine, since all forensic examinations of injuries on the human body caused by weapons are carried out taking into account the general and some special provisions of this industry.
Forensic weapons science is a generic concept that includes several independent classes of weapons. The basis for the classification is the nature of the objects to be classified as weapons, as well as the main purpose of its use (purpose).
According to the nature of the action, weapons are divided into firearms, cold steel, throwing, pneumatic, gas and signal; by appointment for civil, service, combat (small).
Civil firearms include weapons intended for use by citizens of the country for self-defense, sports and hunting. Civilian weapons must exclude firing bursts and have a magazine (drum) capacity of no more than 10 rounds.
Civil weapons are divided into:
1. Weapons of self-defense, namely: long-barreled smooth-bore firearms, including those with traumatic cartridges; barrelless firearms with traumatic, gas and light-sound cartridges; gas weapons (gas pistols and revolvers); mechanical sprayers, aerosol and other devices equipped with tear and irritating substances; electroshock devices and spark gaps.
2. Sports firearms with a rifled barrel, smoothbore firearms, cold bladed, throwing, pneumatic weapons with muzzle energy over 3 J.
3. Hunting firearms with a rifled barrel, smoothbore firearms, including those with a length of the rifled part of not more than 140 mm, combined firearms (rifled and smoothbore), including those with interchangeable and insert rifled barrels, pneumatic with a muzzle energy of not more than 25 J, cold bladed.
4. Signal weapon.
5. Cold bladed weapons designed to be worn with folk national costumes, the attributes of which are determined by the government of the country.
Service weapons are: domestic-made smoothbore and rifled short-barreled firearms with a muzzle energy of not more than 300 J, as well as long-barreled smoothbore firearms. It excludes firing bursts; rifled service weapons should differ from combat small arms in terms of the types and sizes of the cartridge, and from civilian ones in terms of trace formation on the bullet and cartridge case. The capacity of the magazine (drum) of a service weapon must be no more than 10 rounds, and bullets for smooth-bore and rifled short-barreled firearms cannot have cores made of hard materials.
Combat (small) and edged weapons are designed to solve combat and operational-service tasks adopted in accordance with the regulatory legal acts of the Russian government.
In the practice of combating crime, there are various weapons made by factory, artisanal and homemade way. Attributing a certain item to a weapon often requires the use of special forensic knowledge. First of all, this concerns specimens of home-made, handicraft or special production (disguised as household or other items).
The question of attributing a particular item to a weapon does not always require expert research. So, combat, sporting and hunting weapons are easily identified, which have well-known forms, special markings.
In the course of preliminary and forensic examination of weapons, identification and recognition tasks are solved. For recognition tasks, the examination of weapons can be assigned during the study of:
a) homemade items;
b) copies of foreign production;
c) standard weapons with defects.
The following questions may be asked to resolve the examination of edged weapons:
1) whether the item seized from the suspect and submitted for examination is a cold weapon;
2) in what way the object was made by factory, handicraft or home-made;
3) whether this weapon belongs to the national costume, and if so, which one;
4) according to the type of cold weapon the knife is made, etc.
Identification studies are carried out in order to obtain a specific answer to the question: did this weapon leave a detected trace on a particular trace-receiving object, were traces left on different objects by the same weapon, etc.
The damage caused by a weapon depends on its type, the mechanism of action and the material of the affected barrier. When examining the damage, the protocol notes where, on what object it was found, the size of the damage, its shape, type of edges, etc.
When a weapon is seized, the protocol of the search or inspection must reflect its external features to such an extent that it can be used to judge the type of weapon. For example, in the protocol of inspection of edged weapons, it is necessary to indicate its design, dimensions, completeness of components, method of attaching the handle to the blade; the material from which the parts of the weapon are made, its color, strength, the nature of the surface (smooth, rough, jagged); the shape of the blade, the sharpening of the blade and the point, whether there are recesses on the blade, stiffeners (protrusions); limiter on the handle; what known samples matches this instance of weapons. To determine the type of weapon, it is recommended to use reference manuals and albums.
In appearance, edged weapons are divided into bladed and non-bladed (shock-crushing).
The main features of the design of blade cold weapons: the shape and size of the object as a whole and its individual parts; the presence of a blade or edge at the blade and its sharpening, the sharpness of the blade and the fighting end; the presence of a bevel butt; the presence of a handle; the presence of a limiter; the presence of dollars; the ratio of the length of the blade and handle; the strength of the object as a whole and its individual parts.
Bladed melee weapons differ in configuration, size, method of holding in the hand. Handled weapons are sabers, swords, daggers, knives, etc.; weapons with a shaft of pikes, spears, horns; without a handle and shaft, but needle and some bladed bayonets attached to firearms. Daggers, daggers, knives and similar examples are called short-bladed weapons; sabers, checkers, broadswords, rapiers, etc. long-bladed. The blade can have a straight shape (most of the above-mentioned weapons) and a curve scimitar, sabers, checkers, some daggers and knives.
The most common in forensic practice are samples of short-bladed weapons with a handle: daggers (military, civilian, hunting), knives (military, civilian, including national, hunting), bayonets (see Fig. rice. one).
The main features of the design of non-blade (impact-crushing) weapons are: the shape and dimensions of the object as a whole and its individual parts; the presence of the striking part of the weapon and the striking surface; the presence of holes for fingers in brass knuckles; the presence of a handle or suspension, a rod for a mace, a flail; the presence of an emphasis stand at the brass knuckles; the presence of ears, a belt, a band on the handheld; the presence of a loop at the brush; the strength of the object as a whole and its individual parts.
Stages of expert research of objects of weapons science:
1) preparatory preparation of the necessary technical means, visual inspection of the packaging and objects of study;
2) separate study of the studied objects, free and experimental samples;
3) comparative analysis of general and particular features of the compared objects, establishment of coincidences and differences, explanation of the causes of the latter;
4) evaluation of the obtained results and formulation of a conclusion.
Prospects for the development of forensic weapons science are seen in the further development of theoretical foundations, the creation of information and reference systems for weapons, the introduction of automated systems and systems for its identification by traces of use, as well as establishing the circumstances of use in the commission of a crime.
Cm.graphic object"Fig. 1. Melee weapons"
_ 2. Classification and information content of ballistic objects
Forensic ballistics is a branch of forensic science that studies and develops scientific and technical means and techniques for detecting, fixing, seizing and examining firearms, ammunition and traces of their action in order to establish the circumstances of the crimes under investigation.
The inspections and examination of weapons, ammunition and traces of their use or storage help to clarify circumstances that are important in the investigation of murders, banditry, robberies, terrorist acts, escapes from places of detention or from custody, infliction of bodily harm, desertion with weapons, illegal hunting, illegal acquisition, transfer, sale, storage, manufacture, transportation or carrying of weapons, their theft and other crimes.
The formation of forensic ballistics dates back to the time of the invention of firearms, along with which there were cases of both careless and deliberate infliction of gunshot injuries. The first reliable case in Russia of examination by doctors of a gunshot wound on the corpse of a Danish prince Voldemar, obtained from a squeaker while hunting in a forest near Moscow, dates back to 1644. The doctors described the results of the study as follows: "... Kravchiy was wounded from a squeak, a wound under the right eye, and one of the doctors probed that wound with a probe, but the bullets were not felt, because the wound was deep, otherwise it was true that the bullet was in the head" *(2) .
The development of methods and technical means for investigating crimes related to firearms has been slow. Only in the 19th century research has been done in this area. The decisive role in the development of forensic ballistics was played by the great Russian surgeon N.I. Pirogov. A significant contribution to the scientific development of the problems of forensic ballistics was made by B.M. Komarinets, S.D. Kustanovich, V.F. Chervakov and other domestic scientists.
When developing methods and means of investigating crimes involving the use of firearms, forensic ballistics uses the general provisions of the military technical sciences: ballistics and artillery. In addition, it is closely related to forensic medicine, since all forensic examinations of gunshot injuries on the human body are carried out taking into account the provisions of forensic ballistics.
In order to protect persons and objects from criminal encroachments, timely disclosure and investigation of crimes committed with the use of firearms, forensic ballistics studies:
1) the material part, the operation of mechanisms and the main ballistic properties of handguns and ammunition for them, appearing in the case as material evidence;
2) identification of this weapon by spent bullets, cartridge cases;
3) gunpowder, their substitutes and methods for determining their classification by traces;
4) gunshot injuries, the situation of the place of occurrence and methods for establishing various circumstances for the use of firearms;
5) special techniques for detecting, fixing, seizing and examining firearms, ammunition and traces of their action.
Forensic ballistics studies only those weapons that were associated with the crime event. In addition, she finds out the conditions conducive to the commission of criminal offenses and the onset of grave consequences associated with the use of firearms, develops special measures to eliminate them on the basis of investigative, expert and operational practice.
Firearms include items designed to attack or actively defend and hit a target with a projectile and meet the criteria: fireability, suitability and weapons. The projectile is ejected from the barrel by the force of gas pressure, a powder charge or its substitute. Suitability The projectile has sufficient lethality to inflict bodily injury. Weaponry in its design and structural strength allows the subject to fire more than one aimed shot.
_ 3. Classification and characteristics of handguns
In forensic ballistics, handguns used in the commission of a crime are classified according to:
1) manufacturing method;
2) appointment;
3) the internal device of the bore;
4) barrel length;
5) caliber;
6) the degree of automation of the combat mechanism;
7) the number of trunks.
1. According to the method of manufacture, weapons are divided into: factory, handicraft and home-made.
Factory weapons are manufactured in industrial conditions in compliance with established standards, while handicraft weapons, as a rule, in private workshops without compliance with established standards, and in small batches or individual copies.
Homemade weapons are made by individuals using various mechanisms, materials at hand, parts of factory weapons or other devices.
2. By purpose (depending on the targets it is intended to hit), weapons are divided into: military manual, sports, hunting, special and atypical.
Military hand weapons include combat rifles, carbines, submachine guns, submachine guns, pistols (see rice. 2) and revolvers (see rice. 3).
Sports are small-caliber and other rifles, pistols and revolvers.
Hunting smoothbore and rifled bullet shotguns and self-loading smoothbore hunting carbines.
Special silent weapons, gas, signal, construction and assembly pistols. Gas, signal and construction pistols can be classified as firearms only if they are specially adapted to cause bodily harm.
Atypical weapons of non-standard design, various shooting devices disguised as household items (shooting pens, cigarette cases, canes, etc.), homemade pistols, revolvers, sawn-off shotguns and self-propelled guns, the design of which deviates from standard weapons.
3. According to the internal structure of the bore, the weapon is divided into rifled, smooth-bore and smooth-cutting.
The barrel channels of modern military, sports and some types of hunting weapons are made rifled. The rifling gives the bullet a translational-rotational motion, which ensures the range and stability of its flight in the desired direction. In the direction of the rifling are right and left, their number ranges from 4 to 7.
Cm.graphic object"Fig. 2. Pistols"
Cm.graphic object"Fig. 3. Revolvers"
On the inner walls smoothbore weapons cuts are missing. The accuracy of the battle when firing from such weapons is ensured by the appropriate barrel device. According to this parameter, smooth trunks are divided into:
a) "cylindrical" internal diameter of the barrel along its entire length is the same;
b) "cylinder with pressure" the barrel gradually narrows towards the muzzle;
c) a barrel with a "choke narrowing" - a slight narrowing only at the muzzle of the barrel.
Smooth-cutting weapons (guns "paradox") in their barrel in a small area near the muzzle, rifling is made.
4. According to the length of the barrel, they distinguish: short-barreled weapons (50-200 mm) pistols, revolvers; medium-barreled (200-300 mm) submachine guns (automatic); long-barreled (450 mm and more) rifles, carbines, submachine guns, sporting rifles, hunting rifles.
5. By caliber, that is, by the inner diameter of the bore (in rifled weapons, the caliber is indicated in millimeters and expresses the distance between opposite fields of rifling; rifling fields are the gaps between them), the weapon differs in: small-caliber up to 6.5 mm; medium caliber from 6.5 to 9 mm; large-caliber over 9 mm (see rice. four).
In hunting firearms, the caliber is indicated differently than in rifled ones, in particular, by the numbers 12, 16, 20, etc. Historically, the origin of these numbers is associated with the number of round bullets that have a diameter exactly in the bore and can be made from an English pound of lead (453.59 g). Therefore, the larger this number (caliber), the smaller the diameter of the bore.
6. According to the device of the combat mechanism (according to the degree of automation), the weapon is divided into non-automatic, for example, a rifle; automatic (self-loading), for example, a Makarov pistol; automatic (self-firing), for example, Kalashnikov assault rifles (AK) (see. rice. 5).
7. According to the number of barrels, weapons can be single-barreled, double-barreled and multi-barreled (the latter are rare).
In forensic practice, small-sized pistols, revolvers and submachine guns most often appear, which it is more convenient for criminals to discreetly carry with them and use in an attack.
Cm.graphic object"Fig. 4. The main dimensions of the bore profile"
Cm.graphic object"Fig. 5. General view of the modernized Kalashnikov assault rifle"
A pistol is a short-barreled, single-shot or automatic multiple-shot personal weapon with a removable or permanent magazine inserted into the handle, designed to defeat a person at short distances (50-70 m). From some samples of submachine guns, it is possible to conduct automatic fire in short bursts with a range of up to 200 m.
A revolver is a short-barreled, multi-shot, non-automatic personal weapon with a rotating drum (magazine), the chambers of which serve as chambers. This weapon is designed to defeat a person at distances up to 100 m.
Details of a pistol and a revolver are mounted on a frame, and the mechanisms of medium and long-barreled weapons are mounted on a stock consisting of a butt, neck and forearm.
For weapons with a magazine device, the cartridge is sent to the chamber and is locked there when fired by a movable bolt under the influence of a return spring. The sleeve is removed by the ejector and reflector.
Trigger mechanisms, depending on the design of the weapon, consist of a trigger, a trigger or a striker with a striker, a lever or thrust with a sear, a main and trigger spring, and a safety device (see Fig. rice. 6).
Cm.graphic object"Fig. 6. Makarov pistol system"
In addition to the usual, criminals have recently been using silent weapons. It is based on the well-known small arms, in which only the barrel part has been thoroughly reconstructed. This is indicated either by a special cylindrical muffler attached to the muzzle of the barrel, or by the presence of a hermetic metal casing along the entire length of the barrel. The silencer does not completely cut off the gases from the bullet before it exits the weapon, so the shot is accompanied by a pop, which is much weaker than what is heard when firing the same ammunition from a conventional weapon. So, in the case of using a silent pistol, the sound of a shot in the immediate vicinity of the shooter resembles the crackling of a broken pencil or a dry branch.
Ammunition for firearms. When shooting from modern firearms, a unitary cartridge is used, which combines a bullet, powder charge and primer into one whole by means of a cartridge case. In cartridges for hunting weapons, in addition, gaskets and wads are used.
Cartridges are live with metal shells and blanks with or without a cardboard or other projectile. Cartridges for firearms are classified depending on the types of the latter, on the location of the composition of the primer in the sleeve and on the calibers (see. rice. 7).
Cm.graphic object"Fig. 7. Name of the main parts of the cartridge"
Depending on the types of weapons in which ammunition is used, the latter are divided into rifle, revolver, pistol, rifle, intermediate (for carbines and machine guns, long- and short-barreled small-caliber weapons).
Depending on the location of the composition of the primer in the sleeve, the cartridges are lateral, circular and central ignition (combat). Side-fire cartridges with a stud protruding from the sleeve are very rare. Round-robin rounds are fired by all modern small-caliber weapons. Ammunition for all other types of weapons are made in the center battle.
The sleeve is a bottle-shaped, cylindrical or conical container (see Fig. rice. eight) and is intended for a projectile (bullet, shot, buckshot), powder charge and means of its ignition. Sleeves for military weapons are only metal, and for hunting rifles also cardboard (folder) or plastic with a metal base. In the sleeves of small-caliber cartridges, there is no primer socket and primer. The impact composition in them is located inside the protruding rim along the entire perimeter.
Cm.graphic object"Fig. 8. Cartridge cases for rifled firearms"
In the sleeve, there are: a hat (bottom), a body, a slope (a transitional part from the neck to the body of bottle-shaped sleeves) and a front cut (a cut of the neck). On the head of the sleeve there may be the following markings: caliber; mark of the manufacturer or company; year of issue. On the sleeves of hunting rifles, the caliber of the weapon for which the sleeve is intended is also indicated.
Depending on the device, the sleeve caps come with a protruding and non-protruding rim. The former are used in revolving, small-caliber and most hunting cartridges. For sleeves with a non-protruding rim, the diameter of the cap is approximately equal to the rim, and the annular groove is designed to hook the ejector. At the bottom of the sleeve there is a socket for a primer, an anvil and a seed hole.
Gunpowder is divided into smoky and smokeless. The components of black powder are potassium nitrate, sulfur and coal, and the basis of smokeless powders is pyroxylin (nitrocellulose). The color of smoke powder is black, and smokeless powder can be yellow, green, etc. In shape, smoke powder has the form of small grains of various configurations, and smokeless powder is produced in the form of identical plates or cylinders. When burning smoky powder, compared to smokeless powder, much more soot is formed, and unburned powders also remain.
The bullet is the head part of the cartridge is ejected from the bore of the firearm. Its throwing is carried out at the expense of the energy of a powder charge or its substitute.
There are the following parts of the bullet:
a) the tip of the head;
b) head (animal) part;
c) leading (cylindrical) part;
d) the bottom part (bottom) of the bullet (see. rice. 9).
Bullets are subdivided depending on their purpose, tip shape, device, size and method of fastening in the sleeve.
According to the purpose of the bullet are ordinary and special. Ordinary bullets are designed to destroy living targets, and special-purpose bullets are designed to overcome armor (armor-piercing), zeroing (tracer), for a combined action: penetrating armor and igniting an object (armor-piercing incendiary). To distinguish special-purpose bullets, identification paint is applied to their head. So, the tip of armor-piercing bullets is painted black, tracer bullets are green, and armor-piercing incendiary bullets are black with a red border.
According to the shape of the tip, the bullets are divided into blunt, pointed, with a rounded hemispherical head and with a flat head.
According to the device, shelled, semi-shelled and non-shelled bullets are distinguished. Jacketed cartridges have a core and a shell, shellless, made of lead, are mainly intended for small-caliber cartridges.
Bullets vary in size, in particular, have different lengths.
Cm.graphic object"Fig. 9. The shape and main parts of the bullets of cartridges for rifled firearms"
Bullets also differ in the way they are mounted in the case. There are four such ways:
1) solid crimp (tight fit);
2) punching;
3) girdle crimping (crimping the neck edge);
4) segment crimp (see. rice. ten).
Bullets for smoothbore guns are divided into ball and cylindrical, they are designed for shooting at large animals. Ball bullets are lead balls. Cylindrical bullets, depending on the device, are arrow, turbine and arrow-turbine. Arrow and arrow-turbine bullets consist of a metal head (lead) and a wooden or felt stabilizer. The heads of these bullets have slanted driving ribs designed to give them stability and rotational movement while flying in the air. Turbine bullets do not have a stabilizer. Stability and rotational movement is provided by a through channel with helical ribs (blades).
Cm.graphic object"Fig. 10. Varieties of fastening a bullet in a sleeve"
A shotgun projectile is made up of many lead pellets. Its size is set in the range from 1.5 mm, every 0.25 mm, to 5 mm. Shot with a diameter of more than 5 mm is called buckshot. In addition to the factory ones, home-made ammunition is also used. Homemade shot is made by casting and cutting.
Traces resulting from the use of firearms. The firing mechanism of a firearm is the process of ejecting a projectile (bullet, shot) from the bore due to the energy of gases generated during the explosive combustion of a powder charge. When fired in the bore in very short periods of time (from thousandths to hundredths of a second), chemical processes of gas formation occur, develop high temperatures(up to 3500C) and high pressure.
The shot production mechanism consists of three stages:
1) ignition of the powder charge, which occurs when the striker hits the cartridge case primer;
2) ejection of the projectile from the bore by gas pressure;
3) a meeting of a flying projectile with an obstacle.
To fire a shot, the weapon must be loaded. After being fired, it reloads. At each of these stages (during loading, firing and reloading), traces are formed.
Traces of the use of firearms and ammunition are spent bullets, shot, buckshot, wads and shells; traces of weapon parts on bullets and cartridge cases; shot soot on the walls of the bore, on other parts of the weapon, bullets and cartridge cases, as well as changes on the obstacle that occurred as a result of the shot.
Trace-forming parts that leave traces on bullets. In non-automatic firearms, marks on the bullets are left: the bullet entry, the rifled part and the muzzle of the bore. In automatic weapons, in addition to the indicated parts, traces on bullets are left by: cartridge insertion, magazine bends and the lower surface of the bolt.
The bullet entry leaves traces in the form of tracks located along the longitudinal axis of the bullet or at a slight angle to it. These traces (they are usually called primary) are formed when the bullet enters the rifled part of the barrel when it does not rotate.
The rifled part of the bore leaves traces on the fired bullets, which display signs of the weapon system. The latter include: caliber, direction of flight and the number of rifling fields, their width, depth and angle of inclination. Traces from the fields of rifling are called secondary (see. rice. eleven).
The muzzle of the bore and the cartridge insertion usually do not leave marks that display signs of the weapon system. In the presence of defects in them, traces may remain that have the value of signs that individualize a particular copy of the weapon (see. rice. 12).
The bends of the magazine and the lower surface of the bolt leave traces on the bullets in the form of longitudinal scratches that individualize a particular instance of the weapon.
The mechanism of the formation of traces on shot and buckshot. When fired from a smooth-bore weapon, processes of gas formation and high pressure, which press in and wedged a shot or buckshot projectile moving along the barrel. As a result of these phenomena, static and dynamic traces are displayed on shots and buckshot. Static traces-dents are formed from the interaction of the shot with each other, and dynamic traces-lines as a result of the advancement of shot and buckshot along the barrel from its inner surface. For group identification of weapons, you can use static dent marks.
Cm.graphic object"Fig. 11. Schematic representation of traces on the bullet"
For example, when shooting from guns with a choke narrowing, primary and secondary traces-dents on the pellets (buckshot) are necessarily formed. Primary dents are larger than secondary dents. They are formed from the muzzle narrowing, and secondary from the beginning of the funnel-shaped slope of this narrowing. The presence of primary and secondary traces-dents on the shells indicates that the shot was fired from a gun with a choke narrowing.
Cm.graphic object"Fig. 12. Traces on bullets with varying degrees of barrel wear"
Only dynamic traces-lines formed from the walls of the bore of its barrel are suitable for identifying a specific gun. A comparative study of the projectile seized from the scene is carried out directly with the projectile obtained during experimental shooting.
Details and mechanisms that leave traces on the sleeves. In revolvers, traces on the sleeves form: the striker, the front cut of the breech, the recesses (hooks) of the extractor, the rear cut and the inner surface of the drum chambers. In pistols, submachine guns and carbines, traces on the cartridge cases form the details of the chamber, the bolt, etc. So, when the magazine is filled with cartridges, marks from his lips appear in the form of longitudinal scratches on the casing of the cartridge cases. When sending cartridges from the magazine to the chamber, the bolt, moving to the rearmost position, forms traces-imprints on the edge of the cartridge case head, and when moving forward, traces of sliding scratches may appear on the case body. When the cartridge case enters the chamber, weak traces-imprints formed by the shutter cup may appear on its primer, and scratches from the ejector hook may appear on the rim or annular groove of the cap. Traces on the sleeves that occur during the loading process do not always have a unique originality.
When a shot is fired, marks from the walls of the chamber may appear on the case body, and marks from the bolt cup on the surface of its cap. Traces from the striker striker appear on the capsule. These traces are widely used in the practice of ballistic examinations. When removing the sleeve from the chamber, a trace of the ejector hook remains on the front surface of the cap, and a trace of the reflector on the opposite side of the cap. These marks are important for weapon identification (see rice. 13).
Cm.graphic object"Fig. 13. A complex of traces of a firearm (with a sliding bolt) on a spent cartridge case"
Gusev Alexey Vasilievich
PhD in Law, Associate Professor, Department of Criminalistics, Krasnodar University of the Ministry of Internal Affairs of Russia (tel.: 886122273980)
Forensic technology as an area of special forensic knowledge of criminal justice
annotation
The article attempts to determine the structure and content of special forensic knowledge implemented in the criminal proceedings of Russia. The criteria for distinguishing special forensic knowledge from those knowledge of forensic science that in the criminal process cannot be special for persons carrying out preliminary investigation or judicial activities are described. The circle of subjects of criminal proceedings, procedurally and non-procedurally realizing their special forensic knowledge, both in the course of forensic examination and outside this process, has been clarified.
In the article attempt of definition of structure and the contents of the special criminalistic knowledge realized in the criminal trial of Russia is carried out. Criteria of differentiation of special criminalistic knowledge from that knowledge of criminalistics which in criminal trial cannot be special for the persons who are carrying out preliminary investigation or judicial business are described. The circle of subjects of the criminal trial, remedially and non-procedural realizing the special criminalistic knowledge is specified, both during expert testimony in court production, and out of this process.
Key words: criminal proceedings; criminalistics; forensic technology; special forensic knowledge; with a forensic specialist; expert criminalist.
toy words: the criminal trial; criminalistics; the criminalistic engineering; special criminalistic knowledge; the forensic expert; the forensic expert.
Modern stage of development of forensic science
C is characterized by an increase in scientific interest in the role and significance of special knowledge used in the course of detecting, investigating and preventing crimes. Despite the wide range of special knowledge implemented in the process of criminal proceedings, one of them, forensic, is most often in demand to establish the circumstances to be proved. The relevance of the study of special forensic knowledge is due to their not fully understood conceptual and specific characteristics, as well as the possibilities of effective application in order to collect and study evidence.
The absence in forensics of a clear
the definition of special forensic knowledge allows scientists to interpret their volume and the circle of criminal procedural subjects possessing them quite broadly. So, for example, it is indicated: "Special knowledge in the field of forensic science (techniques, tactics, methods of investigating crimes) helps a lawyer timely detect, comprehensively investigate and objectively evaluate the signs of material objects that are of evidentiary value in a case ...".
A generalized understanding of all forensic science as a special knowledge in the system of other sciences is justified from the point of view of its universal purpose for practical implementation by those circle of people who have professional legal training. In this capacity, forensic science undoubtedly has a sign of special knowledge, since it is professional training in science that
technique, art or craft, which, in addition to having common features labor activity and its specific features inherent in a particular profession, determines the fact of the possible relation of any knowledge to special knowledge.
The professional knowledge of lawyers in relation to the professional knowledge of people of other professions can be considered as special. Outside this circle of people, no one owns their forensic knowledge, formed as a result of training in forensic knowledge, which is part of the legal education program, and if they do, it is not to the extent that they are considered professional. This statement fully applies to such a category of lawyers as interrogators, investigators, prosecutors, and judges. At the same time, one should agree with the opinion that if the person conducting the preliminary investigation does not have knowledge in the field of forensic science, then he does not correspond to his position.
Despite the outwardly understandable form of reflection of special forensic knowledge, as professional knowledge of a certain category of persons, there are a number of contentious issues its criminal procedural implementation. From the point of view of the law, special knowledge is knowledge that is not known to the person conducting the preliminary investigation or the court. Thus, all legal knowledge, including in the field of forensic science, cannot be classified as special knowledge, since it is known to the person conducting the preliminary investigation or the court.
At the same time, in the practice of preliminary investigation and trial, special forensic knowledge is often used, which is possessed by forensic specialists and forensic experts. The reason for attracting these knowledgeable persons is that they have special forensic knowledge, which, as noted above, can also be possessed by those who involve them in the process of criminal proceedings. This state of affairs makes the scientific understanding of the essence of special forensic knowledge more confusing. This is all the more aggravated due to the lack of permission in the criminal procedure law for the procedural form of the implementation of special forensic knowledge by persons conducting a preliminary investigation, or by a court. This prohibition is due to the desire
the legislator to make the criminal process objective and impartial. Therefore, in order to exclude manifestations of subjectivity or a biased approach to the case, the criminal procedure law establishes the circumstances under which persons conducting criminal proceedings are subject to challenge. This also applies to the ban on combining the functions of a specialist or expert with the functions of an inquirer, investigator, or judge.
If we proceed from a broad interpretation of all forensic knowledge as special knowledge, then it should be recognized that the ban on the procedural procedure for its implementation by a lawyer conducting a preliminary investigation, or by a court, is practically not feasible, since for an inquirer, investigator or judge this knowledge is part of his professional activities. It is impossible to forbid the investigator to procedurally apply tactics of investigative actions if these investigative actions are a procedural form of obtaining and verifying evidence. We believe that the situation in which all forensic knowledge is considered as special knowledge creates the preconditions for the legislator to misunderstand the range of subjects of its procedural or non-procedural form of implementation.
However, it should be noted that in the system of forensic science there is such a branch of knowledge as forensic technology, which contains information borrowed from the natural and technical sciences, which qualitatively distinguishes it from the subject area of jurisprudence. The emergence and development of this knowledge is inextricably linked with the use of scientific and technical means and methods in investigative and judicial activities. Being, in fact, a specific form of legal education, forensic technology has a direct scientific and practical function of special training not only for lawyers, but also forensic experts. So, a forensic expert should be considered a specialist in the field of trace science, ballistics, research of documents or identification of a person by external signs, that is, in one of the branches or in all branches of forensic technology.
Providing a procedural opportunity for the implementation of technical and forensic knowledge to forensic experts and forensic specialists is dictated by
in our opinion, understanding that their knowledge in this branch of forensic science is much wider and deeper than that of lawyers. It seems that this circumstance, along with the desire of the legislator to exclude a biased approach to resolving the case, which we have already mentioned above, became the basis for the prohibition of the procedural implementation of technical and forensic knowledge by persons conducting a preliminary investigation or by the court.
Thus, it can be assumed that it is forensic technology, as a branch of forensic science, that is a specific part of forensic knowledge, in which there are signs of special knowledge that is not fully known to persons carrying out criminal proceedings. Technical and forensic knowledge has a procedural form of implementation through the means of production of forensic examinations or in the course of a non-expert process of criminal proceedings, involving a procedural and non-procedural form of implementation of special forensic knowledge by a forensic specialist.
The specificity of knowledge in the field of forensic technology is beyond doubt, however, there is also a scientific uncertainty about their understanding as special legal knowledge. This is primarily due to the classification of legal knowledge into legal (knowledge in the field of criminal, civil law; criminal, civil, arbitration, administrative process, etc.) and special (forensic technology, forensic medicine, legal psychology, forensic psychiatry, etc.) .
As noted earlier, there can be no knowledge in legal education that is not known to the person conducting the preliminary investigation or the court. This statement fully applies not only to all forensic science, but also to such a branch of it as forensic technology, since all branches of knowledge that make up forensic science (criminology methodology,
forensic tactics, forensic technology, methods of investigating crimes) are professional knowledge for lawyers.
At the same time, it is impossible to exclude the specificity of technical and forensic knowledge in the criminal procedural sense as special knowledge, which, according to the meaning of the law, should not be professionally owned by anyone.
investigator, investigator, or judge. Recognizing the dual scientific and legal nature of technical and forensic knowledge, we believe that they can be considered as special knowledge only in relation to the knowledge that is acquired within the framework of special expert education (specialty 350600 - forensic examination). Persons studying technical and forensic knowledge in the course of expert training, in terms of their level of knowledge of forensic technology, are much better aware of the possibilities for the effective use of technical and forensic tools and methods both in the production of forensic examination and in a non-expert process associated with the activities of a forensic specialist.
In this regard, we believe that, despite the study by lawyers and experts of such a branch of forensic science as forensic technology, it is given to the latter according to an in-depth scheme leading to the sustainable formation of special technical and forensic skills and abilities. It is in this vein, recognizing the fundamental importance of forensic technology in the formation of special forensic knowledge, that we consider it necessary to make a proposal to define in forensic science an independent branch of special knowledge of criminal justice. It's time to move on from a broad interpretation of some special forensic knowledge. This will unify the entire system of this knowledge, clarify the species classification, as well as the subject composition of its implementation in criminal proceedings.
Based on the foregoing, we believe that special forensic knowledge is the knowledge of forensic technology, which forms the basis of the forensic training of forensic experts, implemented by them in the course of forensic examination and the non-expert process of applying special knowledge of criminal, administrative, civil and arbitration proceedings.
In order to isolate technical and forensic knowledge into an independent structure of forensic knowledge used to train experts and specialists, as well as to distinguish it from the same knowledge used to train lawyers, we consider it necessary to designate them as special technical and forensic knowledge.
experts and specialists. At the same time, technical and forensic knowledge, in the scope of training lawyers for special knowledge, in our opinion, cannot be attributed, since this creates confusion in the scientific understanding of the essence of special forensic knowledge, as well as in the procedural and non-procedural aspect of its implementation in the implementation of criminal proceedings.
Literature
1. Ishchenko E. P. Russian criminalistics today //Bulletin of criminalistics / ed. ed.
A.G. Filippov. M., 2006. Issue. 4 (20). S. 11.
2. Sorokotyagina D. A., Sorokotyagin I. N. Theory of forensic examination: textbook. allowance. Rostov n/D, 2009, p. 75.
3. Waldman V. M. Competence of an expert in the Soviet criminal process: author. dis. ... cand. legal Sciences. Tashkent, 1966, p. 23; Sokolovsky Z.M. The concept of special knowledge // Criminalistics and forensic examination. Kyiv: RIO MVD of the Ukrainian SSR, 1969. Issue. 6. S. 202; Yakovlev? Ya.M. Psychological features of the cognitive activity of a forensic expert // Criminalistic collection. Riga, 1974, p. 73; Nadgorny G.M. Gnoseological aspects of the concept of "special knowledge" // Criminalistics and forensic examination. Kyiv, 1980. Issue. 21, p. 42; Goncharenko V.I. Use of data from natural and technical sciences in criminal proceedings. Kyiv: KSU, 1980. S. 114; Sorokotyagin I.N. Special knowledge in the investigation of crimes. Sverdlovsk, 1984, p. 5; Lisichenko
V.K., Tsirkal V.V. The use of special knowledge in investigative and judicial practice. Kyiv: KSU, 1987. S. 19; Criminalistics: textbook. for universities / otv. ed. N.P. Yablokov. M., 1995. S. 374; Gusev A. V. Improving the non-expert process of implementing special forensic knowledge during the preliminary investigation. Krasnodar: KA Ministry of Internal Affairs of Russia, 2004. S. 20-21 and others.
4. Shapiro L. G. Procedural and forensic aspects of the use of special knowledge in the investigation of crimes in the economic sphere.
activities. M., 2007. S. 66.
5. Scientific and practical commentary on the Code of Criminal Procedure of the Russian Federation / under the general. ed. V.M. Lebedev; scientific ed. V.P. Bozhev. 2nd ed., revised. and additional M., 2004. S. 148.
6. Filippov A. G. On the concept of forensic examinations and the possibility of expanding their subject // Scientific and technical progress and the possibilities of forensic science: Sat. scientific tr. / resp. ed. A.G. Egorov. Volgograd, 1991. S. 18.
7. Gusev A. V. On the concept of a non-expert process for the implementation of special forensic knowledge in criminal proceedings // "Scientific criminalists and their role in improving scientific foundations Criminal Proceedings" interuniversity. jubilee scientific-practical conf. (on the 85th anniversary of the birth of Professor R.S. Belkin): materials: in 2 hours. M .: Academy of Management of the Ministry of Internal Affairs of Russia, 2007. Part 1. P. 296 -300; Gusev A.V. Formation of an effective mechanism for the use of special forensic knowledge outside the process of forensic examination // Actual problems of criminal procedure and forensic science: International scientific and practical conference (April 2-3, 2009): materials : Chelyabinsk: Publishing House of SUSU, 2009. P. 288-291 Gusev A.V. Topical issues of the correlation of the non-expert process of implementing special knowledge with the subject general theory forensic // Society and law. 2007. No. 3 (17). pp. 39-42 and others.
8. Sorokotyagina D. A., Sorokotyagin I. N. Forensic examination: textbook. allowance. Rostov n / D, 2006. S. 56.
9. Elagina E. V. The use of forensic knowledge as a necessary component of the activities of the prosecutor supporting the state prosecution in court // Vestn. criminalistics / resp. ed. A.G. Filippov. M. 2009. Issue. 2 (30). S. 63.
SOCIETY AND LAW 2010 No. 1 (28)
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Korma Vasily Dmitrievich. Features of the use of special knowledge in the field of forensic ballistics in the investigation of crimes: Dis. ... cand. legal Sciences: 12.00.09: Moscow, 2001 178 p. RSL OD, 61:01-12/664-6
INTRODUCTION 3
CHAPTER 1. SCIENTIFIC AND TECHNICAL REGULARITIES
SHOT TRACKS 18
1
.1
Traces of a shot as a reflection of the phenomena and processes of internal
her, intermediate and external ballistics 18
The mechanism of the formation of marks on weapons and ammunition 32
The occurrence of traces of gunshot origin on the objects hit by the projectile and the shooter 45
CHAPTER 2
FIREARMS 57
2.1. Procedural and forensic aspects of the participation of forensic specialists in investigative actions in cases of crimes committed with the use of
firearms 57
2.2. Technical and forensic means and methods,
used to collect shot marks 71
2.3. The main problems of the appointment and conduct of judicial
ballistic examination 89
CHAPTER 3 BALLISTIC
NON-PROCESS RESEARCH 115
3.1. Obtaining search information during the preliminary
study of traces of a shot 115
3.2. Establishment with the help of forensic
taking into account the circumstances of the use of firearms 136
CONCLUSION 151
BIBLIOGRAPHY 155
APPS 169
Introduction to work
The growing armament of the criminal environment and the steady tendency to commit crimes with the use of weapons is one of the factors in the deterioration of the crime situation in the Russian Federation.
The number of acts of terrorism, murders, robberies committed due to the criminal redistribution of state and public property, sales markets, zones of criminal influence, etc. is growing. Thus, since 1987, the use of firearms in Russia has increased tenfold (112, p. 29). Fifty percent of murders for hire are committed with firearms (9, p. 80). On average, the detection of such crimes over the past three years is no more than 10-15%. And this is not accidental, because firearms are the most effective means of depriving life, it makes it possible to act selectively, does not require direct contact with the victim, and, therefore, allows you to leave a minimum number of traces indicating the connection of the offender with the situation of the scene and the victim.
There is a desire of organized criminal groups to acquire and use modern firearms in the commission of crimes. So, the latest weapons are coming from abroad: a seventeen-shot Glock-17 pistol of 9 mm caliber (Austria), a nineteen-shot Beretta M-92 S pistol of 9 mm caliber (Italy), an Uzi submachine gun (Israel) and etc., which can be used in conjunction with a laser designator and a device for silent shooting. The domestic arms industry produces: a twelve-shot pistol
"PMM" (modernized Makarov pistol) using a new high-impulse cartridge, pistols for silent shooting 6P13 and "PB" of 9mm caliber, submachine guns PP-90 and "Kiparis", etc.
In this situation, the fight against illicit trafficking in firearms and ammunition is of particular relevance. In 1999, 53,887 crimes of this type were registered (an increase of 7.1% compared to the same period in 1998). The number of facts of theft of weapons and ammunition increased by 34.1%. An increase in the theft of weapons from their storage sites took place in 69 constituent entities of the Russian Federation (7, p. 4).
More than half of the firearms reported as lost have been stolen from manufacturing plants and storage sites. Only a third of the stolen weapons are used for their own needs, the rest is sold for profit to wholesale dealers associated with organized criminal groups.
An analysis of the work of forensic divisions of the internal affairs bodies showed that 30% of firearms from total number investigated is homemade, 17.3% - converted from gas live ammunition. Over the past three years alone, the ECC of the Ministry of Internal Affairs of Russia has examined about 100 different samples of firearms assembled from parts stolen from industrial enterprises (Kalashnikov light machine guns RGZh-74, submachine guns PP-90, etc.). The criminals also use completely home-made firearms, made from high-quality materials on factory equipment using modern technologies.
At the same time, many different samples of hunting and sporting weapons appeared, made on the basis of military weapons, than
conditions are created that facilitate the theft of its individual parts and assemblies.
The use of modern automatic weapons leads to the death of many people. The transience of the commission of such crimes, even in the presence of witnesses, in most cases does not allow to restore the true picture of what happened without the use of special knowledge in this area. That is why the results of forensic ballistic studies often become one of the decisive sources of evidence in such investigations.
Crimes related to the use of firearms are systemic formations consisting of a certain set of interrelated elements - separate types of crimes committed with the help of this type of weapon. The role of the trace-forming factor here is firearms and projectiles fired from it. In turn, each element of this system can be considered as a system, but of a lower order, the elements of which are separate circumstances to be established. This is described quite fully in the dissertation research by V.A. Khvalina (185, pp. 12-32).
The concept of "firearms" occupies one of the central places in the forensic lexicon. Most often, they are used in the literature relating to the method, mechanism of the crime, the problems of trace formation, the doctrine of the forensic characterization of the crime, as well as in the theoretical and practical developments of individual investigative actions.
The concept under consideration appears widely in the norms of law, primarily those included in the Special Part of the Criminal Code of the Russian Federation. So, in Art. 205 refers to the use of firearms in the commission of
6 acts of terrorism as a qualifying sign of the deed. In addition, the criminal law defines as a crime the illegal acquisition, sale, storage, carrying of firearms and ammunition (part 1 of article 212). An independent set of crimes is formed by: illegal manufacture of firearms (Article 223), its careless storage (Article 224), improper performance of duties for the protection of weapons and ammunition (Article 225), theft of these objects (Article 226).
With the advent of firearms (since the XIY century), cases of their use for the deliberate infliction of gunshot injuries began to spread. Medics and gunsmiths were the first who had to do forensic research of weapons, shells and traces of their action.
The first attempt at a scientific generalization of practice in the field of forensic research of firearms was the work of the physician A. Nake "Forensic Chemistry" (M., 1874), where one of the sections outlined methods for determining the prescription of a shot and an expert examination of firearms.
In 1879, the book "Material for a forensic medical examination of gunshot injuries" written by Dr. N. Shcheglov was published in Moscow. Along with purely forensic issues, he considered all the types of firearms that existed at that time, the types of projectiles and the essence of the processes that occur when fired. The main attention was paid to identifying traces on the bullet from the rifling fields of the used firearms.
Based on a generalization of expert practice, N. Shcheglov identified a range of issues that were usually raised for permission by forensic doctors:
"one. What weapon did this damage?
Was this gunshot wound inflicted during life or after death?
What projectile produced this damage?
In what direction was the shot fired?
At what distance was the shot fired?
How long ago was this weapon fired?
Is it possible in the dark, with instantaneous illumination by a shot, to see the face of the shooter?
8. From whose hand did death follow? (195, pp. 54-55).
Some of these questions, such as identification
cations of firearms by bullet and shot duration, author
was inclined to exclude from the competence of the forensic doctor altogether and
provide for permission to persons “knowledgeable and experienced in weapons
women's business” (195, p. 55).
The problem of complete differentiation of issues resolved by a forensic physician and an expert ballista in cases of murders committed with the use of firearms has not been resolved to date.
For the first time in Russian forensic literature, the issues of identifying weapons by bullet and cartridge case in 1915 were presented by S.N. Treguboe in the work "Fundamentals of Criminal Techniques". The first works of Soviet criminologists in the field of forensic ballistics date back to 1920-30s. HELL. Khananin and P.S. Semenovsky developed a microphotographic method for comparing bullets and cartridge cases.
Information about the forensic significance of the traces of the action of firearms in the investigation of crimes was obtained by the investigators and the court from the works of I.N. Yakimova, N.S. Bocarius (8, 200).
The first Russian forensic work in terms of scientific significance, outlining the issues of the study of cartridge cases and bullets, was
1935 "Short Guide for Experts" written by B.M. Komarinets and A.D. Khananin. The main provisions of this work have not lost their value at the present time.
In the same 1935, the first edition of the textbook "Criminalistics" was published, in which there was a special chapter devoted to forensic ballistics - the study of weapons, bullets, cartridge cases, taken from the specified brief guide. From that moment on, in all textbooks of forensic science, the issues of the study of bullets and cartridge cases became mandatory.
In 1937, a major monographic work by V.F. Chervakov "Forensic ballistics", in which he presented a system of all knowledge accumulated in this area.
In subsequent years, a significant contribution to the development actual problems the occurrence, collection (storage) and use of traces of a shot in the investigation of crimes, were introduced by domestic forensic specialists and forensic doctors: I.V. Vinogradov, B.N. Ermolenko, B.M. Komarinets, Yu.M. Kubitsky, S.D. Kustanovich, N.P. Kosoplechey, etc. The theory and practice of forensic ballistics and forensic ballistics expertise developed especially productively during the three post-war decades, when more than 1000 articles were published and more than 60 dissertations were defended. During this period, there were mainly:
fundamental methods for identifying firearms (both rifled and smooth-bore) by fired projectiles (bullet, shot, buckshot) and cartridge cases have been developed;
the damaging factors of the shot were studied and systematized, the mechanisms and nature of the impact of these factors on the obstacle were investigated;
Traces of a close shot have been studied in detail. Main on
The focus of these studies was to identify the recognition
kov, allowing you to objectively differentiate the input and you
running gunshot injuries, determine the type and sample of
used weapon, set the distance of the shot, clarify
shot distance within close range;
Developed and put into practice a wide variety of
special, laboratory and instrumental methods of research
gunshot injuries: radiography, stereomicro-
scopy, inspection in infrared and ultraviolet rays, method
color prints, chromatography, etc.
In the last two decades, the determination of the distance of a distant shot, the prescription of a shot, the use of search information in the course of a preliminary study of traces of a shot, the conceptual apparatus, etc. have been seriously studied. forensic doctors (39, 61, 68, 75, 98, 122, 147, etc.), however, no systematized forensic research on the occurrence, collection (storage) and use of traces of a shot in the investigation of a group of forensically similar types of crimes was carried out. Thus, the topic of the dissertation is quite relevant both in practical and scientific-theoretical terms, which led to its choice.
aim This study is a systematic analysis of the theory and practice of the occurrence, collection (storage) and use of traces of a shot in the investigation of a group of forensic
ski similar types of crimes; the most important, insufficiently developed and problematic issues of using special knowledge in the field of forensic ballistics.
On the basis of the analysis carried out, the development of our own theoretical and practical conclusions, proposals for improving the efficiency of working with such traces in the investigation of crimes of this category, and, ultimately, identifying the weapon, the circumstances of its use, and in some cases the criminal himself, was undertaken.
In accordance with the designated goal, in order to achieve it, the following tasks:
to study in detail the scientific and technical patterns of the occurrence of traces of a shot when committing a group of forensically similar types of crimes with the use of firearms;
explore the modern possibilities of using technical and forensic tools, methods and special knowledge in the investigation of crimes of this category;
establish the reasons (forensic, procedural, organizational, etc.) that hinder the effective use of special knowledge in the investigation of crimes committed with the use of firearms;
4) show possible ways to effectively apply special knowledge in the collection (storage) and use of shot marks.
Methodological basis dissertations are general scientific and private scientific methods of research: historical, formal-logical, comparative-legal, structural-systemic, analytical and other methods scientific knowledge. Philosophical categories are widely used: form and content, general
11 and private, phenomenon and essence, quality and quantity, etc. The dialectical systems approach to the object of study as a complex concept that exists in unity and interconnection with other phenomena and is inseparable from them. empirical basis the studies were:
a) study of 100 criminal cases on murders, robberies
nyah, illicit trafficking in firearms and ammunition,
from which examples were borrowed illustrating various
provisions of the dissertation research;
b) analysis of the practice of twenty forensic
subdivisions of internal affairs bodies of twelve regions of Russia
Russian Federation for the collection, storage and use of
dov shot;
c) the study of modern practical developments relating to the technical and forensic support for the investigation of crimes of this category.
theoretical basis dissertation research are the works of Russian and Soviet forensic scientists: B.C. Akhanova, A.N. Vakulovsky, V.F. Gushchina, A.I. Dvorkina, A.G. Egorova, B.N. Ermolenko, D.M. Zakutsky, E.P. Ishchenko, P.P. Ishchenko, B.M. Komarinets, N.P. Kosoplecheva, A.S. Lazari, V.A. Obraztsova, V.M. Pleskachevsky, A.N. Samonchika, N.A. Selivanova, P.T. Skorchenko, M.A. Sonis, E.I. Stashenko, A.I. Ustinov, V.F. Chervakova and others. The works of forensic physicians were also used: I.V. Vinogradova, K.N. Kalmykova, Yu.M. Kubitsky, S.D. Kustanovich, A.F. Lisitsyna, V.I. Molchanova, V.L. Popova, Ya.S. Smusina and others.
Scientific novelty The work consists in the study of questions submitted for defense and containing new elements either in the formulation of the problem itself or in the method of its resolution:
a study was carried out in a complex of theoretical, methodological and practical problems of technical and financial support for the investigation of a group of forensically similar types of crimes related to the use of firearms;
a comprehensive study of the occurrence, collection (storage) and use of traces of a shot in cases of this category was carried out;
a new concept of traces of a shot is formulated;
the procedural and forensic aspects of the participation of forensic specialists in investigative actions in cases of crimes involving the use of firearms are considered in a single system, a number of recommendations are given to improve the criminal procedural legislation and technical and forensic support for the investigation of these crimes;
the procedural and forensic problems of appointment and conduct of forensic ballistic examinations are investigated, some ways of their resolution are given;
6) the concept of preliminary judicial
ballistic study, the algorithm for its implementation is indicated.
A form for documenting the preliminary study has been developed.
shot traces (orientation);
7) goals, objectives and methods of using bullets are formulated
shell cases and a natural collection of homemade firearms
weapons in the fight against crime. Causes are given, I'm holding back
ensuring their effective functioning during the investigation of the
crimes committed with the use of firearms, and ways to improve the performance of these collections,
Taken for defense the following main provisions and conclusions of the dissertation research:
it is proved that shot marks are reflections of phenomena and processes of internal, intermediate and external ballistics;
the concepts of internal and external ballistics are clarified, as well as their influence on the mechanism of trace formation on the used weapon, fired projectiles, cartridge cases, the struck barrier and the shooter;
new wording of the definition of shot marks;
the nature of various obstacles is experimentally established by the particles knocked out by a bullet that overcomes them;
the classification of traces of additional factors of the shot is specified;
it is proposed to investigate in axonometric view the traces of a shot both on the bottom and on the side surface of the case body;
it is proved that there is no need to clearly limit the possibility of participation of a forensic specialist only in the investigative actions specified in the law. Introduction to Art. 133-1 of the Code of Criminal Procedure of the RSFSR, the provisions on the possibility of participation of a specialist in the production of a divine investigative action will solve a number of problems that exist in the theory and practice of preliminary investigation;
8) the types of assistance provided by specialists are specified;
criminologists in the investigation of crimes, considering
my categories;
9) in order to quickly and efficiently conduct a site inspection
incidents on forensically similar types of preetunyae-i
niya, connected with the use of firearms, recommendations ^
it is necessary to introduce two forensic specialists into the investigative-operational group;
a) creation of a special traveling (portable) suitcase
ballista specialist (given an approximate list of his kit
shchih);
b) specific developments for improvement are presented
niyu individual technical and forensic tools included in
travel suitcase set;
c) based on the analysis of available in domestic and foreign
nyh law enforcement agencies technical and forensic^
means and methods, those that most fully meet
requirements of practice and need to be implemented as soon as possible;
11) the main procedural and forensic
problems of conducting forensic ballistic examinations^
Some ways to resolve them have been suggested:
a) appointment of a ballistic examination for crimes^
associated with the use of firearms, recognize the obligation
telny;
b) to add to Art. 187 Code of Criminal Procedure of the RSFSR about warned
Institute of the expert on liability under Art. 310 of the Criminal Code of the Russian Federation (for disclosing
preliminary investigation data);
c) it is necessary to distinguish between issues to be resolved
the decision of the ballista expert and the forensic physician during the
complex medical and forensic examinations;
d) proves the need for a judicial b a l lis d
tic examination at the scene of the incident and before the excitation of the
fishing business;
e) for the purpose of the effectiveness of research related to identity
identification of firearms by traces on bullets and cartridge cases,
carry out mechanical or laser marking of its trace
sharp parts;
e) the concepts of firearms and ammunition in the Federal
law "On Weapons" and the Criminal Code of the Russian Federation require changes and additions
in accordance with the scientific research of forensics and
extensive expert practice in the field of ballistics;
the concept of forensic-ballistic preliminary research is formulated, the form of its documentation is developed;
an algorithm for conducting a preliminary study of traces of a shot is proposed;
after establishing a single source for the manufacture of homemade firearms, it is recommended to draw up an orientation containing photographs of it general view and explanatory text;
the goals, objectives and methods of using bullet casings and natural collections of homemade firearms are indicated;
the procedure for presenting objects for their verification by bullet casings is specified;
the main factors hindering the effective work of bulletproof magazines in the investigation of crimes committed with the use of firearms are indicated. Their performance will be improved if:
a) avoid delaying the production of ballistic ex
pertis;
b) improve information exchange between regions
nasal bullet casings;
c) transfer the work of regional and federal bulletproof
16 tech on automated mode;
18) it is recommended to place in the natural collection of homemade firearms only weapons of complex design and enough high level execution. The rest of the weapons, except for primitive shooting devices, must be collected in the form of photographic images.
Practical significance work is determined by the following factors:
2) the proposals, conclusions, algorithms and recommendations put forward can be used to improve the efficiency of technical and forensic support for the investigation of crimes committed with the use of firearms;
3) the developed provisions, recommendations, algorithms and conclusions can serve as the starting material for subsequent research on scientific and practical problems of the occurrence, storage and use of shot marks; the use of special knowledge in the field of ballistics in the investigation of crimes; when conducting training sessions with students of law schools in forensic science.
The main provisions and conclusions of the dissertation were presented at: 1) Republican scientific-practical conference, held at the Belarusian State University: "Improving the means and methods of combating crime in the context of legal reform" (Minsk, 1992);
2) Republican scientific and practical conference, held
given by the Sverdlovsk Law Institute: “Actual
Problems of Combating Crime” (Yekaterinburg, 1992);
3) All-Russian scientific and practical conference, organized
bathroom Tula State University: "Russian
legislation and legal sciences in modern conditions: with
standing, problems, prospects” (Tula, 2000).
Methodological recommendations "Obtaining search information in the course of a preliminary study of traces of the use of firearms" (Volgograd, 1988), developed by the author, were introduced into the practice of individual forensic divisions of the internal affairs bodies and in studying proccess at the course of criminalistics of the Volgograd Law Institute of the Ministry of Internal Affairs of Russia.
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