Concept of Previous Forensic Researches during Pre-Trial Investigation

Abstract

This article is devoted to the problems associated with the definition of the concept of one of the basic categories for such a section of forensic science as forensic technology, namely, «previous forensic research», the delineation of them with other varieties of previous studies and the outline of their essence. The importance of this topic is due to the fact that these issues are fundamental in solving many other problems of both theoretical and applied nature. The analysis of many definitions of previous studies allowed us to formulate the authorʼs notion of prior forensic research, which should be understood as one of the forms of use of special forensic knowledge, which has non-procedural nature, may be carried out by actors carrying such knowledge, both during and outside investigation (search) actions , which consists in the study of material objects with the help of non-destructive (except for the presence of a large quantity of investigated material) and express methods, as well as necessity of technical and forensic means, for the purpose of the most prompt receipt information of search and other orientational character, which is not probative. Such studies are distinguished among other previous studies by the nature of special knowledge – knowledge in the field of forensic technology and certain types of forensic examinations – which are actually used for their conduct. That is why, we suppose that such studies should be clearly separated, calling them «preliminary forensic research», which are kind of so-called technical-forensic research – research in the field of forensic technology. This distinction has important practical meaning, in such case it becomes immediately apparent who as specialist can carry out such a study. Since the very term «preliminary research» itself has many interpretations, for its unambiguous understanding, including «preliminary forensic research», when it is used in scientific sources, especially of a practical nature, it will be appropriate in any way either in the title or in the text to specify it, for example, indicating the stage of the criminal proceedings, the place or objectives of its conduct, thus differentiating this type of research from other existing ones. The proposed definition requires further scientific detailing of its individual elements, namely, the purpose of conducting this type of technical and forensic research, their essence and tasks, as well as the most characteristic features that distinguish such studies from others that may be conducted during pre-trial investigation.