Publication date: 26.06.2024
active and purposeful military lawyer with more than 4 years of experience
Survey as an important investigative action
Examination is one of the most important investigative actions carried out during criminal proceedings. This is a procedural action aimed at detecting on the body, clothes or other objects, which are important for establishing the circumstances of a criminal offense, special signs, traces of a crime, bodily injuries, other signs important for the case.
The examination is regulated by Article 241 of the Criminal Procedure Code of Ukraine and is conducted with the aim of:
detection of traces of a criminal offense or special signs on a person's body that may be important for establishing the truth in criminal proceedings;
establishing a person's state of health, the presence of physical injuries, clarifying other circumstances that may be important for criminal proceedings.
The examination can be conducted both in relation to the suspect and in relation to the victim or witness.It is carried out if there is no need for a forensic medical examination.
Examination procedure
The examination is conducted by an investigator, a prosecutor with the mandatory participation of a doctor. In urgent cases, the examination can be carried out without the participation of a doctor, but his opinion must be obtained later.
Before the examination, the person in respect of whom it is conducted shall be explained his rights and the procedure for conducting the examination. A person has the right to refuse the examination, except for cases when the examination is mandatory.
The examination is carried out in compliance with the requirements for respect for the person, his gender and age. If necessary, a person of the same gender as the person being examined may be involved. Examination of a minor or a minor is conducted in the presence of parents, guardians or custodians or a representative of the children's affairs service.
During the survey, photography, audio or video recording, as well as sampling of samples for research may be carried out. A protocol must be drawn up about this.
The importance of surveying for investigation
Investigation is an important investigative action, as it allows obtaining direct evidence of a person's involvement in the commission of a crime. Traces found on the body, clothes or objects can indicate the instrument of the crime, the way it was committed, the presence of physical injuries on the victim, etc.The results of the examination are recorded in the protocol, which is a source of evidence in criminal proceedings. Together with other evidence, they can be used to put forward versions, plan further investigative (search) actions, establish the circumstances of the committed criminal offense.
Thus, investigation is an integral part of the process of investigating crimes, as it allows obtaining important material information about the circumstances of the commission of a criminal offense.
Cases when examination is mandatory
Legislation provides for a number of cases when the examination is mandatory:
in case of suspicion of sexual crimes;
when physical injuries are detected, the nature and origin of which needs to be clarified;
if it is necessary to detect traces of a criminal offense on a person's body;
if there is reason to believe that the person is in a state of intoxication.
In addition, the examination is mandatory if it is necessary to verify the statements of the suspect, accused, victim or witness.
Problematic issues during the survey
One of the problems that arise when conducting an examination is the reluctance of the person for whom it is being conducted to submit to this procedure. Legislation gives a person the right to refuse education, but in some cases this right may be limited.
Difficulties can also arise when examining minors or minors. In such cases, the examination procedure is complicated by the need to involve the legal representatives of the child.
In addition, the problem is the insufficient level of procedural registration of the study results. Sometimes the protocols contain only general information, without a detailed description of the detected traces and signs. This makes it difficult to use the results of the study as evidence in court.
Conclusion
An investigation is an important investigative action aimed at identifying evidence of a person's involvement in the commission of a criminal offense.Correctly conducting the investigation and recording its results in the procedural documents allows you to obtain significant physical evidence that can be used to establish the truth in criminal proceedings. Therefore, improving legal regulation and the practice of conducting investigations is an important task for increasing the effectiveness of crime investigations.
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