The concept and meaning of forensic ballistics. Features of the use of special knowledge in the field of forensic ballistics in the detection and investigation of crimes. So, forensic ballistics is a branch of forensic technology that occupies
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- Introduction
- 1. The concept and objects of forensic ballistics
- 2. Ways of fixing information about weapons and traces of their use
- Conclusion
- List of used literature
Introduction
To perform the control work on the discipline "Forensic science" I chose the topic "Forensic ballistics and its importance in the investigation of crimes"". It will be considered by dividing into smaller topics - paragraphs, which will allow the most detailed study of important aspects, such as: basic concepts such as ballistics, forensic ballistics, forensic ballistics.
This topic can be considered relevant, relying only on the fact that in modern forensic science, more and more attention is paid to technology, both to research methods and to the technical equipment of workplaces where the examination is carried out, therefore, the work will mainly consider methods and ways of examining physical evidence collected at the scene.
The object of the study is a set of information that makes up forensic ballistics, which necessitates the development of methods and methods using the areas of forensic ballistics.
The subject of the study is forensic ballistics as a method of solving a crime.
The aim of the study is a comprehensive analysis of the features of forensic ballistics.
When performing this test, both educational literature and legal acts will be used.
1. The concept and objects of forensic ballistics
The term "ballistics" comes from the Greek word "ballo" - throw, sword. Historically, ballistics has emerged as a military science that determines the theoretical foundations and practical application of the laws governing the flight of a projectile in air and the processes that provide the projectile with the necessary kinetic energy. Its origin is associated with the great scientist of antiquity - Archimedes, who designed throwing machines (ballistas) and calculated the flight path of projectiles.
In Art. 1 of the Federal Law of December 13, 1996 N 150-FZ "On Weapons" weapons are defined as "devices and objects that are structurally designed to hit a living or other target, give signals." The concept of weapons is given in paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5: judicial practice in cases of theft, extortion and illicit trafficking in weapons, ammunition, explosives and explosive devices ":" ..under arms should be understood devices and items of both domestic and foreign production, structurally designed to hit a live or other target. Based on this, two main features of a weapon can be distinguished: a constructive device and a intended purpose.
In the current The Criminal Code of the Russian Federation deals with criminal operations with weapons in several articles. This is Art. 222 "Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, ammunition, explosives and explosive devices", art. 223 "Illegal production of weapons", art. 224 "Careless storage of weapons", art. 225 "Improper use of duties for the protection of weapons, ammunition, explosives and explosive devices", Art. 226 "Theft or extortion of weapons, ammunition, explosives and explosive devices."
These crimes are especially dangerous when committed by organized criminal structures. Weapons are used in the commission of especially serious crimes: murder, banditry, robbery, etc.
Forensic ballistics is a branch of forensic technology that develops means 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, shots) 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.
Firearms- this is a device designed to repeatedly hit a target at a distance with a projectile (bullet, shot, buckshot), which receives directed movement due to the thermal decomposition of a gas-forming substance.
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.
In forensic weapons science (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.
2. By purpose (depending on the targets it is intended to hit), weapons are divided into: military manual, sports, hunting, special and atypical.
Military handguns include combat rifles, carbines, submachine guns, submachine guns, pistols, and revolvers.
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-made 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.
There are no rifling on the inner walls of smoothbore weapons. 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" inner 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 (“paradox” guns) have rifling in the barrel in a small area near the muzzle.
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. According to the caliber, that is, according to the inner diameter of the bore (in rifled weapons, the caliber is indicated in millimeters and expresses the distance between the opposite fields of rifling; the fields of rifling 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 Fig. 1).
Rice. 1. The main dimensions of the bore profile
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).
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.
A pistol is a short-barreled, single-shot or automatic multiple-shot personal weapon with a replaceable 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.
Cartridge- a device designed to fire a weapon, combining into one whole means of initiation, a propellant charge and projectile equipment using a cartridge case. Unitary cartridges are used for firing from modern combat hand firearms. The main components of such a cartridge are: a sleeve, a primer, a powder charge and a projectile. Rifle cartridges are additionally equipped with wads and gaskets.
Sleeves are divided into types:
1) by material - into metal and composite (metal-plastic, metal-cardboard, etc.);
2) by appointment - for rifle, intermediate (for machine guns and carbines), pistol, revolver, rifle, etc.;
3) in shape - into cylindrical, bottle and conical;
4) according to the arrangement of the bottom part - with a protruding or non-protruding flange. A flange is a belt in the bottom of the cartridge case, designed to remove it or the cartridge from the chamber.
shells, fired from firearms, are of two types: mono-projectiles and polyprojectiles.
Monoprojectiles- These are bullets of various shapes and devices. Polyshells- this is shot and buckshot (buckshot is called shot with a diameter of more than 5 mm).
There are the following types of bullets: a) according to the device: conventional (all-metal, semi-shell and shell) and special (armor-piercing, incendiary, explosive, tracer, etc.); b) according to the shape of the head part: pointed, flat and rounded.
Cartridges and fired bullets are the most important material evidence, since in most cases it is possible to establish the type, sample and specific instance of the weapon used, as well as solve a number of other issues important for the investigation, by the traces on bullets and cartridge cases.
2. Ways of fixing information about weapons and traces of their use
ballistics firearm examination weapon
The main way to record information about weapons and traces of their use is a description in the protocol of the inspection of the scene or other investigative action. Additional methods of fixation traditionally include photography and video filming, drawing up plans and diagrams.
Information about the weapon to be reflected in the protocol of inspection of the scene of the incident is set out in the following order:
1) the location of the weapon is fixed, its position from the muzzle and butt (handle for short-barreled weapons) to two fixed landmarks;
2) the type of weapon is established (pistol, revolver, rifle, etc.), its system, model, caliber;
3) marking data, number and year of issue, as well as non-factory designations (owner's initials, engraving, etc.) are recorded;
4) the appearance of the weapon is assessed (the presence of any damage in the form of notches, notches on wooden parts, saw cuts on metal surfaces, corrosion, etc.);
5) the position of the trigger mechanism, fuse is determined; the presence of a cartridge in the chamber and in the store (removable store, drum);
6) in relation to home-made weapons, their overall dimensions, barrel length, the presence of traces of rough processing on all parts or on individual parts, the coating of parts with black paint or their rough bluing, the method of loading are recorded;
7) the presence (absence) of rifling in the bore (their number and direction), lubricants, shot products, any contamination, the specific smell of burnt gunpowder are established;
8) reflects the presence of microparticles in the contents of pockets, the conditions for detecting and storing weapons (the fact of exposure to atmospheric precipitation, the presence of soil pollution, etc.).
During inspection, firearms should be handled in such a way as to prevent the destruction of fingerprints and odorous substances. In addition, we must not forget that firearms are a source of increased danger, which requires compliance with the safety rules for handling them. Therefore, during the inspection, the trunk should be directed upwards, and indoors - to the upper far corner of the two main walls.
When describing shell casings the following are recorded in the protocol: 1) location and position (for the convenience of describing several cartridge cases, they are assigned numbers); 2) shape, markings; 3) the color of the body and primer, the dimensions of the sleeve (length, diameter of the flange, body and muzzle); 4) material (metal, paper, polymer); 5) method of attaching the bullet (crimping, punching); 6) the presence and location of a groove on the outer surface of the body to limit the depth of the bullet landing (flute); 7) the presence of smoking inside and outside, signs of corrosion (oxidation of brass sleeves, rust - on steel); 8) the presence, localization and nature of traces from parts of the weapon (striker, reflector, ejector, edges of the receiver, etc.); 9) the presence of sleeve defects (cracks, dents, traces of sawing off when fitting to a chamber of a different caliber, boring of a primer nest, etc.), foreign substances and the smell of burnt powder.
In the inspection protocol bullets the following parameters are reflected: 1) location and position on the obstacle (the method of extraction from the obstacle is indicated); 2) construction (shell, semi-shell, non-shell); 3) the length and diameter of the cylindrical part (for a deformed bullet - the largest and smallest diameters of the bottom); 4) the shape of the tip (sharp, rounded, flat), the presence of a distinctive color on it; 5) features of the shape of the bullet (the presence of a belt, groove, bottom configuration, conical or cylindrical tail); 6) the color of the metal from which the bullet is made; 7) method of fastening in the sleeve (punching, crimping, annular recess); 8) the number and direction of traces of the rifling fields of the bore; 9) the presence (absence) of deformation and foreign particles (glass, plaster, earth, blood, etc.).
On examination fractions(buckshot) indicate: the number, shape (spherical, oval, cylindrical, drop-shaped, irregular), diameter (maximum and minimum) of pellets (buckshot); color (gray - for non-graphite lead, black - for graphite, yellow-red - for copper-plated shells); the presence (absence) of deformation and various overlays; traces and features from the manufacture of home-made shots or from overcoming any obstacles (dents, imprint of the relief of the obstacle, scratches).
On examination wad(pads) describe: shape and appearance (holistic or fragmentary); height, diameter; material (felt, cardboard, paper, wood fiber, polymer, etc.); surface color and condition (wet, dry, burnt); the presence of a typographic font or handwritten text and prints from pellets (their number); traces on the side surfaces of homemade felt wads (straight vertical or horizontal tracks); the presence (absence) of a shock absorber in the bottom part of the wad-concentrator, the content of markings on the outer surface of its bottom part; the presence and color of existing contaminants.
The zone of dispersion of shot (buckshot) on the barrier should be fixed by drawing up a diagram, as well as by applying a sticky cartographic film, followed by a sketch of the damage on it.
On examination gunshot wounds on a car, it is recommended to count the height of their placement from the surface of the asphalt (soil).
To avoid loss of shot marks when taking detailed photographs, it is not recommended to attach a scale ruler with plasticine or any other substance to a damaged surface. For convenience of description, the damage is numbered.
On examination gunshot wounds the protocol shall indicate: 1) the location of the damaged item; 2) purpose, material and thickness of the barrier; 3) nature (through or "blind"), shape (round, oval, slit-like, cruciform, etc.) and size of damage; 4) the absence of a part of the material in the barrier (“minus tissue”); 5) the presence of a wiping belt and its size; 6) traces of a close shot (soot, signs of thermal effects from a muzzle flame, the shape and size of the scorched zone, etc.).
Important when examining the scene of an accident are seizure and packaging of physical evidence. It is best to remove the bullet with the barrier or part of it, so that later in the laboratory, observing the appropriate precautions, remove it and preserve the traces on it. Only if this is not possible should the projectile be separated from the affected barrier.
In order to identify smoothbore weapons by traces on pellets, special recommendations for their removal should be followed. Those of them that were located along the edge of the shot sheaf are seized separately and placed one at a time in bags with an indication of the location on the tag in relation to the hour dial.
To keep the smell and unburned powders in the sleeve, it is recommended to close its muzzle. To preserve gases in a spent cartridge case, it is packed in a rubber fingertip, placed in a thermos with ice and stored until it is submitted for examination at a temperature below 0 degrees. C.
If it is impossible to remove traces of gunshot origin with the object-carrier, part of the barrier is scraped off.
The traces of the shot on the hands and clothes of the shooter are invisible, including when using ultraviolet and infrared rays. In practice, they are usually withdrawn on a cotton or gauze swab moistened with a 7% solution of nitric acid.
During forensic ballistic examination the following issues can be resolved:
1) whether the object confiscated from citizen B. is a firearm (This question, as a rule, is resolved when examining home-made weapons, which may not have analogues among standard samples.)
2) the type of firearm of which system, model, model is the revolver seized from the suspect;
3) from what type of weapon, caliber and system the bullet seized from the scene was fired;
4) whether this bullet was fired from a pistol seized from the suspect;
5) whether 5 shell casings found at the scene of the incident were fired from the pistol seized from the accused;
6) whether shooting was carried out from a double-barreled hunting rifle seized from citizen I. after its last cleaning and lubrication;
7) whether a shot could have been fired without pulling the trigger of the presented pistol when it fell on the wooden floor with the barrel down from a height of 80 cm;
8) a bullet (shot, buckshot) submitted for examination was manufactured in a factory or home-made way;
9) from which side of the obstacle the shot was fired;
10) what is the distance and direction of the shot;
11) what is the sequence and number of shots on the investigated obstacle?
Conclusion
So, forensic ballistics is a branch of forensic technology that develops scientific and technical means and methods for detecting, examining, fixing and examining firearms and traces of their use in order to investigate crimes.
The objects of forensic ballistics are firearms and their parts, ammunition, spent bullets and cartridge cases, shot, buckshot, wads and gunshot injuries.
Issues arising in the process of investigating crimes committed with the use of firearms are divided into identification and non-identification .
Identification issues include determining the genus, type, model of a firearm based on a spent bullet and cartridge case and identifying a specific weapon; to non-identification - determining the suitability of a weapon for firing a shot, the possibility of a shot without pulling the trigger, determining the distance and direction of the shot, establishing the location of the shooter and other circumstances of the shot.
When resolving questions about the circumstances of the shot, the objects of research are the materials of the case, for example, a protocol for examining the scene, drawings, a protocol for examining a corpse, photographs, as well as material evidence, injuries on the body and clothes of the victim and other traces of a shot on an obstacle.
Forensic ballistics is closely related to other areas of forensic technology and sciences, such as: forensic medicine, forensic examination of traces, etc., which allows for joint examinations to obtain more accurate conclusions;
Forensic ballistics by means of examination makes it possible for the wide practical application of ballistics as a science, this is its value and special significance for society and, ultimately, for public safety.
List of used literature
1. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on July 23, 2013) // Collection of Legislation of the Russian Federation.1996. No. 25. Art. 2954.
2. Federal Law of December 13, 1996 No. 150-FZ (as amended on July 2, 2013) “On Weapons” // Collection of Legislation of the Russian Federation.1996. No. 51. Art. 5681.
3. Decree of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5 (as amended on February 6, 2007) “On judicial practice in cases of theft, extortion and illicit trafficking in weapons, ammunition, explosives and explosive devices” // Bulletin of the Supreme Court of the Russian Federation. 2002. No. 5.
4. Vorobieva I.B., Malanyina N.I. Footprints at the crime scene. Saratov, 1996.
5. Criminalistics: textbook / O.V. Volokhova, N.N. Egorov, M.V. Zhizhin and others; ed. E.P. Ishchenko. - M., 2011.
6. Criminalistics / Ed. N.P. Yablokov. - M., 2008.
7. Criminalistics: Workshop / Ed. N.P. Yablokov. - M., 2010.
8. Criminalistics / Ed. A.G. Filippova, A.F. Volynsky. - M., 2008.
9. Investigator's Handbook: In 3 volumes. Vol. 3. Practical criminalistics: preparation and appointment of forensic examinations. - M., 1992.
10. Shuruhnov N.G. Criminalistics. - M., 2009.
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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
technology, art or craft, which, in addition to the general features of labor activity, has its own specific features characteristic of 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 controversial issues of 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 (forensic methodology,
forensic tactics, forensic techniques, 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 that 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 separate 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 preparing 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 aspects 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.
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SOCIETY AND LAW 2010 No. 1 (28)
Question number 1. Concept, scientific basis of forensic ballistics.
Cold steel, its main features and classification.
Forensic investigation of explosive devices and explosives.
Preparation of materials and appointment of forensic ballistic examination.
Identification of weapons by fired bullets and cartridge cases.
Inspection and preliminary examination of firearms, ammunition, traces of a shot.
Objects of forensic ballistics.
The concept and scientific foundations of forensic ballistics.
Topic 6. Forensic ballistics.
Forensic ballistics(from the Greek Ballo - I throw)- a branch of forensic technology that studies firearms, ammunition for it, traces of a shot, explosive devices and explosives, as well as the patterns of formation of traces on these objects and the patterns of working with these traces in order to detect and investigate a crime (establish the circumstances of a crime, the mechanism for its commission and characteristics of the perpetrator).
The scientific basis of ballistics includes:
2. Military ballistics, as well as forensic ballistics based on it.
3. Such natural technical sciences as physics (its sections are optics and ballistics), chemistry (since micro-objects, for example, traces of unburned gunpowder, also belong to traces of a shot).
4. The main provisions of traceology and the doctrine of forensic identification.
Ballistics value:
1. Identification - because when comparing a bullet and a cartridge case, one can conclude whether they were previously a single whole, from which weapon the shot was fired, etc.
2. Probative value - because. it is possible to draw probabilistic conclusions about the characteristics of the personality of the criminal by the type of trace.
3. Allows you to determine the properties of firearms and ammunition attached to the case as material evidence.
The objects of forensic ballistics include:
1. Firearms.
2. Ammunition for firearms.
3. Traces of a shot.
4. Explosive devices.
5. Explosives.
Firearms- a weapon in which the projectile is actuated under pressure from the thermal reaction of gases from the combustion of gunpowder (due to the energy of the explosive decomposition of gunpowder), a certain structural stability that allows it to withstand the combustion temperature and allows at least one shot to be fired; the mechanism is driven by pressing the trigger; the purpose of using firearms is to hit a live target. So, an important feature of firearms is the presence in it of certain mandatory components. The main components include: the barrel, the locking mechanism and the trigger mechanism.
Weapons are classified for the intended purpose for: combat, sports, hunting. In military weapons, the barrel is always rifled, and in Russian weapons, as a rule, there are four grooves. Combat weapons are usually military or service weapons. Hunting weapons are always smooth-bore and are intended for hunting, for hitting animals, but for hunting large game, as a rule, carbines or guns of the type "paradox" or carbines(they have rifling at the end of the barrel). Sports weapons are used for training and sports purposes, they can be both smooth-bore and rifled.
depending from the method of measuring the caliber firearms are divided into rifled and smoothbore. The diameter of a rifled weapon is measured by the diameter between the fields of rifling (not in places where the rifling is deepened). The caliber of a smooth-bore weapon is determined by the diameter of the number of bullets (shots) that can be smelted from one English pound of lead (the greater the number of shots smelted, the smaller the caliber). So, with a caliber 20, the diameter is approximately 15 mm.
Depending on the type of trigger action, firearms are divided into:
· Automatic - shooting is done in bursts.
· Semi-automatic - shooting takes place in short bursts, but the shutter has to be distorted through the burst.
Non-automatic - after each shot it is necessary to distort the shutter.
· Combined - it is possible to fire both bursts and single shots.
Depending on the method of production, the following types of firearms are distinguished:
· Industrial production.
· Handicraft production - as a rule, it is produced according to an industrial design, but markings and standards are not affixed (it is very close to industrial). It can be produced both on the basis of a license and without it.
· Self-made production.
Also, depending on the method of manufacture and typicality, firearms are divided into:
typical
· Atypical (does not look like a standard weapon in appearance - usually disguised as something).
By barrel length:
Short-barreled - barrel length is from 120 to 200 mm (pistols).
Medium-barreled - the length of the barrel is from 201 to 550 mm (machine guns, shotguns).
Long-barreled - barrel length over 551 mm (rifles and hunting rifles).
Loading method:
Self-loading (automatic).
Non-self-loading - after each shot, you need to insert a cartridge into the chamber.
· Combined (for example, revolvers) - the cartridges are in the weapon, but it is necessary to cock the trigger after the shot.
Short description
Introduction………………………………………...………………………………………5
1.2 The mechanism of the formation of traces of firearms on cartridge cases, shells and barriers………………………………………………………..………..……….21
2 Forensic investigation of firearms and traces of their use ……………………………………………….………………......….30
3 Problematic issues of forensic analysis of weapons and traces of their action………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
3.2 Forensic investigation of short-barreled firearms chambered for rubber bullets and traces of their shots………………………………………………………………………………..81
Conclusion………………………………………………………………………..90
Designations and abbreviations…………………………………………………... 103
Work content - 1 file
annotation
The presented work was done on the topic: "Forensic ballistics". The work is done on 106 sheets using 70 sources of literature.
The paper considered the following issues: the meanings and objects of forensic ballistics, the mechanism for the formation of traces of firearms on shells, shells and obstacles, the forensic study of firearms and traces of its use. Particular attention is paid to the specifics of determining the distance of the shot and the location of the shooter, the problematic issues of forensic analysis of weapons and traces of their action.
The work consists of an introduction, three chapters, a conclusion, a list of sources and applications used.
The presented work is executed on a theme: "Kriminalistichesky ballistics". Work is executed on 106 sheets with use of 70 sources of the literature. In work questions have been considered: values and objects forensic ballistics, the mechanism of formation of traces of fire-arms on sleeves, shells and barriers, forensic research of fire-arms and traces of its application.
The special attention is given specificity of definition of a distance of a shot and the location shooting, to problem questions forensic the analysis of the weapon and traces of its action.
Work consists of the introduction, three heads, the conclusion, the list of used sources and appendices.
Introduction………………………………………...……………………………………5
1 General provisions of forensic ballistics ……………..…….......9
1.1 The concept, meanings and objects of forensic ballistics………….9
1.2 The mechanism of the formation of traces of firearms on shells, shells and barriers………………………………………………………. .………..……….21
2 Forensic investigation of firearms and traces of their use ……………………………………………….………………..... .….30
2.1 Detection, examination, fixation and seizure of firearms, bullets, cartridge cases and traces of a shot …………………………………………………………....30
2.2 Methodological foundations of forensic ballistic examination of firearms ……………………………………………………..…….46
2.3 Determining the distance of the shot and the location of the shooter ... ..60
3 Problematic issues of forensic analysis of weapons and traces of its action……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
3.1 Problematic aspects of the forensic evaluation of sawn-off shotguns of smoothbore weapons………………………………………………………….74
3.2 Forensic investigation of short-barreled firearms chambered for rubber bullets and traces of their shots………………………………………………………………………………..81
Conclusion………………………………………………………………………..90
List of sources used……………………………………………………96
Designations and abbreviations……………………………………………………. .. 103
Annex A Dynamics of the number of registered crimes committed with the use of weapons from 2008 to April 2011 on the territory of the Russian Federation…………………………………………..104
Annex B Quantitative indicators of crimes committed with the use of gas weapons, ammunition and explosive materials on the territory of the Orenburg region for 2006-2011…………………..…....105
Appendix B Structure of expert studies conducted in the ECO ECC ATC for the Western zone with a location in the city of Buzuluk, Orenburg region for 2008 - 2010. ……………………………………………….……106
Introduction
The change in the political system in Russia, the mistakes and ill-conceivedness in the transformations of the late 20th century, and the weakening of control over social processes that followed them, led to a significant number of crimes committed with the use of weapons. So in 2008, more than 10 thousand crimes were committed with the use of weapons, in 2009 the number of these crimes decreased by 13.6% and amounted to 8.7 thousand, in 2010, 7.4 thousand were committed with the use of weapons crimes, for 4 months of 2011 this indicator amounted to 2.4 thousand (Appendix A).
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, in the current situation, the importance of identification forensic ballistic examination is increasing, which, based on the use of modern achievements in science and technology, is designed to contribute to the creation of a reliable and objective evidence base in criminal cases under investigation.
The scientific basis of forensic ballistic examinations is the provisions of forensic ballistics - a branch of forensic technology that develops tools, techniques and methods for detecting, fixing, seizing and examining firearms and the consequences of its use in the material environment of a crime to resolve issues arising in investigative and judicial practice.
The effectiveness of ballistic examinations and studies that contributed to the investigation of crimes related to the use of weapons remains at a fairly high level (on average 80% of the number performed), however, when using special forensic ballistic knowledge in the disclosure and investigation of these crimes, there are certain difficulties that require improvement in information - methodological base of forensic ballistics with the aim of the most complete and efficient use of its capabilities.
It should be especially noted that recently new types of weapons have fallen into the hands of criminals, often equipped with mufflers for the sound of a shot, as well as a variety of cartridges, which, with insufficient information and methodological support for the activities of forensic units, makes it difficult to carry out forensic ballistic examinations and research.
Thus, the topic of the final qualifying work is quite relevant both in practical and theoretical terms, which led to its choice.
A significant contribution to the development of topical problems in the study of objects of forensic ballistics in the investigation of crimes was made by domestic criminologists and forensic doctors: I.V. Vinogradov, B.N. Ermolenko, B.M. Komarinets, Yu.M. Kubitsky, S.D. Kustanovich, N.P. Cross-shouldered, B.C. Akhanov, V.E. Berger, A.N. Vakulovsky, A.G. Egorov, B.N. Ermolenko and others.
Despite the great theoretical and practical significance of the existing scientific works, today a number of issues have arisen that are not reflected in the literature, but the resolution of which is urgently required by the practice of forensic ballistic examinations. These problems are associated with the emergence of new designs of firearms and cartridges, as well as materials used in their manufacture; the use of mufflers for the sound of a shot when firing from a weapon; the appearance of firearms made in a home-made way from gas pistols and revolvers and others.
The aim of the study is a systematic analysis of the theory and practice of the emergence, collection (storage) and use of traces of the use of objects of forensic ballistics in the investigation of crimes; the most important, insufficiently developed and problematic issues of using special knowledge in the field of forensic ballistics.
In accordance with the stated goal, the following tasks were set to achieve it:
1) explore the concept, meaning and objects of forensic ballistics;
2) to study the mechanism of the formation of traces of firearms on cartridge cases, shells and obstacles;
3) consider the mechanism for detecting, examining, fixing and seizing firearms, bullets, cartridge cases and shot marks;
4) learn how to determine the distance of the shot and the location of the shooter;
5) to consider the problematic aspects of the forensic analysis of weapons and traces of their action.
The object of the study is social relations that arise in the process of studying objects of forensic ballistics, improving the methodological foundations of forensic ballistic identification of firearms by traces on fired bullets.
The subject of the research is scientific concepts directly related to the study and identification of objects of ballistics, the problems of the formation of traces of their use, expert practice, legal acts regulating the procedure for conducting ballistic research.
The methodological basis of the research is made up of general scientific and particular scientific methods of research: historical, formal-logical, comparative-legal, structural-systemic, analytical and other methods of scientific knowledge.
The work uses the scientific provisions of philosophy, forensics, forensics, criminal law and criminal procedure, computer science, forensic medicine, the provisions of technical and military-technical disciplines.
The theoretical basis of the study is 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, 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. Chervakov 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.
The legal basis is the provisions of the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, the Federal Law "On State Forensic Activities in the Russian Federation", the Federal Law "On Weapons", regulatory legal acts of the Ministry of Internal Affairs of Russia and other departments governing the circulation of firearms and ammunition.
The work consists of an introduction, three chapters, a conclusion, a list of sources and applications used.
1 General provisions of forensic ballistics
1.1 The concept, meanings and objects of forensic ballistics
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 being investigated.
The inspections and examination of weapons, ammunition and traces of their use or storage help to clarify the circumstances that are important in the investigation of crimes committed with the use of firearms or cold steel, the number of which remains significant (Appendix B).
The objects of forensic ballistics are, first of all, firearms, their components; cartridges; tools and materials used for the manufacture of weapons and ammunition equipment components. This also includes objects with holes from shells and with products of the shot deposited on them (soot, unburned grains of gunpowder, particles of metal and grease) and objects in which weapons were stored.
Finally, these are items that are not firearms, but related to firing devices (devices, devices), which also use the energy of powder gases. They serve for such purposes as throwing special substances (gas pistols, revolvers), signaling (flare guns, smoke bombs, etc.), assembly work (construction and assembly pistols). The objects of forensic ballistics also include cartridges, although related to firearms, but having an auxiliary purpose: to simulate shooting - blank cartridges, alarms, lighting, ejection, slaughter.
Forensic ballistics studies only those weapons that were associated with the crime event. In addition, she finds out the conditions that contribute 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.
The Criminal Code of the Russian Federation does not disclose the concept of weapons. Weapons, in the criminal law aspect, include firearms, with the exception of civil smoothbore; its main parts; ammunition; explosives and explosive devices, both factory-made and home-made, gas weapons (part 4 of article 222 of the Criminal Code of the Russian Federation); edged weapons, including throwing weapons (part 4 of article 223 of the Criminal Code of the Russian Federation). These objects, due to their increased public danger, were withdrawn from free circulation.
In cases involving weapons and ammunition, one should proceed from the provisions of the Federal Law "On Weapons", which establishes the basic rules for regulating relations arising in the process of trafficking in weapons and ammunition, the rights and obligations of participants in these relations.
At the same time, it should be borne in mind that this law regulates only legal relations arising from the circulation of civilian, service, and military hand-held small arms and cold steel, while the criminal law provides for liability for illegal actions, both with these types of weapons and with other types of combat firearms in service with the Armed Forces of the Russian Federation, other troops, military formations and federal executive bodies in which military service is provided for by federal law, and to which the Federal Law "On Weapons" does not apply.
The use of firearms is always accompanied by the formation of specific traces in the weapon, on ammunition, as well as on obstacles, which are called in forensic science. shot marks. The development of means and methods for detecting these traces is the branch of forensic technology, which is conventionally called forensic ballistics. This name was first used in forensic literature by Professor V. F. Chervakov in 1937. Since then, the term forensic ballistics has firmly established itself in scientific literature and forensic investigative practice. The main advantage of the term lies in its brevity and expressiveness. If we turn to dictionaries and reference books, we will see that ballistics - it is the science of the movement of a projectile fired from a firearm. Forensic ballistics, by modifying, adapting artillery and ballistics data developed for military purposes, studies a wider range of special issues. In addition to the military sciences, forensic ballistics makes extensive use of modern achievements in physics and chemistry. For example, the quantitative and qualitative composition of the shot, traces on obstacles are determined by physical and physico-chemical methods.
The scientific foundations of forensic ballistics are the provisions developed in other branches of science on the regularities of the firing mechanism and the appearance of marks on bullets and cartridge cases from various parts of the weapon, on obstacles, depending on the distance of the shot. This is due to the standardization of weapons and ammunition for it. The intensity of ignition, burning of a powder charge, temperature, pressure of powder gases in one weapon system are the same. Therefore, the traces of the shot are also relatively constant and stable, which makes it possible to use them to establish certain circumstances of the incident. The knowledge of these patterns formed the basis for the development of special tools, techniques and methods of working with objects of forensic ballistics.
Forensic ballistics is closely interconnected with other sections of forensic science, and first of all with trace science, identification theory, the methods of which are widely used for identification studies of firearms and ammunition.
Forensic ballistics is directly related to forensic medicine, forensic chemistry, forensic biology, the data of which are used to study weapons, ammunition and shot marks. So, forensic medicine studies the patterns of formation of gunshot injuries on the human body.
The most common objects forensic ballistic research are:
- 1) hand firearms, their separate parts and accessories;
- 2) ammunition for hand firearms, both equipped (cartridges) and their parts (bullets, cartridge cases, shot, buckshot, capsules, wads, gaskets, gunpowder, etc.);
- 3) traces on weapons, ammunition and other objects (obstacles) resulting from the shot;
- 4) means and tools used for reloading cartridges and preparing projectiles (bullets, shot, buckshot);
- 5) items with traces of weapons storage. Forensic ballistic studies allow us to establish important factual circumstances. On the basis of these studies, the object is classified as a firearm, it is determined whether it is in good condition and whether it is suitable for firing.
With the help of forensic research, they find out the essence of the event, the fact of the use of firearms; determine the place and method of committing the crime, the direction and distance of the shot; establish a causal relationship between actions and consequences, the number of shots fired, their sequence, and many other facts.
Forensic investigations of weapons and ammunition contribute to the establishment of their group affiliation and individual identification. Spent bullets and cartridge cases can be used to identify a specific weapon. Exploring ammunition (bullets, shot, wads, etc.), determine the common source of their origin.
Thus, the main significance of forensic ballistics lies in the fact that the methods and means developed by it make it possible to establish the circumstances of the event under investigation based on the traces of the shot.
Based on the above, we can formulate the following definition: forensic ballistics- this is a branch of forensic technology that studies firearms, ammunition, the laws of the mechanism of a shot and the appearance of marks on bullets, cartridge cases and obstacles, develops techniques, methods and means for detecting, collecting and examining these objects to establish the circumstances of the event under investigation.