The levels of analysis of the foreign policy of modern states. A.V. Gukasov Theoretical Foundations of Foreign Policy Analysis of Modern States. Basic category "national interest"

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Presentation for identification is a procedural action consisting in presenting an object to an identifying person for the purpose of identifying it or establishing a group affiliation with an object observed by the identifier before.

Preparation for presentation for identification includes preliminary interrogation of the person to be identified, selection of appropriate objects, determination of the time and place of the investigative action, preparation of technical means, selection of tactics for the presentation of objects.

The preliminary interrogation of the person who is to be identified is aimed at clarifying the circumstances immediately preceding the perception of the object to be presented; the conditions of his observation and perception; signs by which the object will be identified.

It is easy to read, first of all, it is necessary to clarify the circumstances under which the interrogated perceived the object, as well as the real possibility of perception in the present conditions; how long and in connection with what event the perception lasted; the nature of the illumination; how well he remembers the object, what was the physical and mental state of the identifier. Further, the signs of the object are found out, which are imprinted in the memory and can help in identification, and not only generic, but also individual, inherent in a given person or object.

For many identifiers, it is very difficult to concretize the signs of a person's appearance, since perception often occurs unintentionally, for a short time (for example, a robbery on the street) and in difficult conditions (at night, in fog, etc.). Therefore, after fixing in the protocol a free story of the interrogated about the external appearance of the person to be identified, it is necessary to clarify the details, guided by the method of "verbal portrait". Since many signs of appearance have average values and are characterized by the interrogated as "normal", "ordinary", by means of a "verbal portrait" they must be concretized, especially highlighting elements of appearance that are sharply different from the norm, as well as special signs (scars, birthmarks, etc. . NS.).

If the interrogated claims that he will be able to identify the person, but is not able to describe the signs of his appearance, it is advisable to make a subjective portrait of the image of the face in accordance with the mental image captured in the memory of the interrogated. The compilation of such a portrait will become an auxiliary method of concretizing the idea of \ u200b \ u200bthe appearance of an unknown criminal, which does not exclude the further use of the resulting image for search purposes.

The subjective portrait is made either by the investigator himself with the help of a special book-book "Types and Elements of Appearance", or by a forensic expert invited for this purpose. The latter can use the "Portrait" forensic tool or resort to personal computer software.

If people are presented, then they should not have sharp differences in race, physique, age, height, hairstyle, shape and color of the face, hair, eyes. The style and color of clothing items, the degree of their wear and tear, details of their appearance (wearing glasses, jewelry, etc.) should also be similar.

Presentation for identification is one of the effective investigative actions of an identification nature, which is carried out in cases where it becomes necessary to establish the identity of a person, object or other object with the object that is related to the commission of a crime, i.e. presumably previously perceived as identifying in connection with a criminal event or under other circumstances relevant to the investigation of a criminal case.

Presentation for identification is an investigative action (Article 193 of the Code of Criminal Procedure of the Russian Federation), during which the identifier (witness, victim, suspect, accused), on the basis of the mental image of the identifiable object, in the conditions of its repeated perception, establishes its identity or difference with the object that he had perceived earlier and about which he had testified.

Presentation for identification is a type of mental image forensic identification. Its essence lies in the fact that the identifying person compares the image of the object preserved in his memory, which he previously perceived in connection with the crime committed, with the image of the object that is formed in his thinking upon repeated perception during presentation for identification and in case of their coincidence identifies the object, or gives a negative answer to the question of identity. A probable (conjectural) answer is also possible: the object is similar to the one that the identifier saw earlier, but he cannot categorically identify it.

A feature of this type of identification is the fact that the conclusion about the identity does not lend itself to external control. Therefore, the procedural law regulates in detail the rules of presentation for identification, which define its essence as an independent investigative action:

1. Prior to the start of presentation for identification, a preliminary interrogation of the identifying person is carried out, during which it is ascertained under what circumstances he perceived the object of identification, what features and characteristics he remembered, and whether he would be able to identify it. The results of such an interrogation are the basis for making a decision on the expediency of conducting an investigative action. If the identifier is not sure of his ability to recognize the object, one should analyze the reasons for his uncertainty, and also take into account that repeated perception actualizes the memory and recognition can be successfully carried out.

2. The object is presented for identification together with others, similar to it in external features. All objects are presented for identification at the same time, their total number must be at least three (except for the identification of a corpse). This increases the reliability of the results obtained. The prior acquaintance of the identifier with the presented object is inadmissible. The identifier should not know exactly where the identifiable is among the presented objects. If it is necessary to identify several objects, they are presented separately, but necessarily among similar ones.

3. When identifying living persons, the identifiable person is invited to take any place at his choice among the persons presented with him, which is indicated in the protocol. This eliminates doubts about the objectivity of identification.

4. The identifier is asked to point to the object about which he previously gave evidence. At the same time, it is not allowed to pose leading questions, any "tips" from the investigator and announcement of the preliminary interrogation data.

5. If the identifier points to one of the presented objects, he is asked to explain by what signs or features he identified him (list the individual characteristics of the object), the identifier's testimony is recorded literally in the protocol.

6. Repeated identification of a person or object by the same identifier and by the same characteristics is inadmissible.

Psychological science and investigative practice have established a person's ability to identify material objects by comparing their features with those that have been preserved in memory. The basis of presentation for identification is such mental processes as perception, memorization and reproduction. In the course of presentation for identification, the primary perception of the object is supplemented by repeated perception, carried out in specially created conditions. As a result, it becomes possible to check the stability of the mental image and the reliability of the features of the object, named by the identifier during interrogation.

Presentation for recognition is based on the laws of recognition. The degree of recognition depends on many factors: conditions of perception of the object; abilities and state of the person who perceived the object (properties of its memory); the conditions in which recognition takes place; time elapsed from the moment of perception to the moment of recognition. Therefore, when deciding on the expediency of presenting an object for identification, the identifier should find out and then objectively evaluate what were the conditions for the perception of this object, as well as the ability of the subject of identification and his psychophysiological state at the moment of perception.

There are the following types of presentation for identification:

1. By the nature of the identifiable objects, it is possible to present for identification: 1) people, 2) corpses, 3) objects, 4) animals and their corpses; 5) premises and areas of the terrain.

It should be noted that the current Criminal Procedure Code of the Russian Federation does not regulate the presentation for identification of animals, their corpses, as well as premises and areas of the terrain. There are different opinions on this issue in the literature. If the majority of authors support the possibility of presenting animals for identification, then there was no general opinion with regard to premises and areas of the terrain.

2. In terms of form, presentation for identification can be carried out: 1) directly (presentation of objects in kind); 2) indirectly (presentation of photo and video images of objects; phonograms of voice and speech; masks and casts of the face and other parts of the body of the deceased).

3. By the nature of perception, presentation for identification can be made on the basis of: 1) visual sensations; 2) auditory; 3) tactile; 4) a set of sensations. The law directly provides only for visual recognition, which follows from the terms used: “they saw” (part 2 of article 193), “outwardly similar” (part 4 of article 193), however, identification is also possible through other senses, while it can be additionally confirmed by an investigative experiment.

Preparation for presentation for identification

The environment of presentation for identification should provide the most favorable conditions for the perception of the identifier of all objects presented to him. As a rule, objects are presented in a service or other fairly spacious, well-lit and least noisy room - in a separate office, in the absence of external interference. Recognition is permissible under conditions similar to those that existed at the time of perception (at the place where the perception took place, at the same distance, under a certain lighting).

The preliminary interrogation of the identifying person is an important source of information for making a decision on the possibility of carrying out a presentation for identification. During the interrogation, it is necessary to find out under what circumstances the interrogated perceived this person or object, what signs and features of this person or object he remembered, whether he could identify him. The information required for identification is usually ascertained during the first interrogation of the person concerned. A separate interrogation on this matter may be required if, during the initial interrogation, the identifying person was unable to indicate the individual characteristics of the object necessary for its identification. The specificity of the interrogation prior to identification consists in the fact that in the process of its conduct, tactical methods of detailing the testimony are used, aimed at updating, reviving the mental image of a certain object perceived and imprinted in the memory of the interrogated. The decision to present for identification can be made if the possibility and ability of the interrogated to perceive the identified object has been established and there is a reasonable assumption about the possibility of his identification of this object.

During the interrogation, it is imperative to find out the conditions under which the object was perceived (place, time, day and hour, the nature of the lighting, the distance to the object, the duration of perception, the physical and mental state of the interrogated at the moment of perception, etc.). The identifier is invited to remember and characterize as many features of the identifiable object as possible (both general and specific), which increases the reliability of identification. So, when identifying a person, it turns out: gender, approximate age, height, physique, posture, shape, size and position of the head and parts of the face (forehead, eyebrows, eyes, nose, mouth, chin, ears), shape and color of hair, character hairstyles. Particular attention is paid to catchy facial features: scars, tattoos, birthmarks, etc. Signs of clothing are noted: type, color, size, material, condition, defects.

Psychological preparation of the interrogated for identification is important, especially in cases where the identification process can cause strong emotional experiences of the identifying person (identification of a relative's corpse; identification of a suspect or accused whom he fears). For this, a preliminary conversation is carried out, during which the security measures taken, the procedure for conducting the investigative action, etc. are explained. In order to ensure the safety of the identifying person, the presentation of the person for identification can be carried out in conditions that preclude visual observation of the identifying person.

The most important and difficult element of preparation is the selection of objects, among which an identifiable object will be presented. According to Part 4 of Art. 193 of the Code of Criminal Procedure of the Russian Federation, "a person is presented for identification together with other persons, if possible, outwardly similar to him." Persons to be presented for identification should be selected according to the principle of general similarity - i.e. have similar supporting signs of appearance (age, height, nationality, physique, shape and complexion, hair, eyes, type of clothing and shoes, its color, degree of wear, etc.). None of these persons should have any striking features, significant differences that distinguish him from the rest.

Particular attention must be paid to ensure that the identifier does not see the identifiable person until the moment of his presentation among other persons. Otherwise, the identification may be considered unreliable.

The presented items must be uniform in name, type, brand, model, size, shape, color, condition. Each object should not have external individual features that sharply distinguish it from the number of other objects. At the same time, it is inappropriate to present objects of the same model, brands that do not have any distinctive features, since identification in this case may turn out to be impossible or insufficiently reliable.

The composition of the participants in this investigative action is determined depending on the type of presentation for identification. They can be: an identifiable person, two or more supernatural persons outwardly similar to him; identifying (witness, victim, suspect, accused); forensic specialist (carries out photo and video filming); forensic physician (participates in the identification of a corpse that has undergone significant changes); advocate, translator, etc.

It is necessary to think over measures to neutralize possible opposition on the part of the suspect or the accused to the normal course of identification, various provocations, threats against the identifying person, etc., to determine the procedure for actions in such situations.

Presentation tactics for identifying living persons

Presentation for identification of living persons is the most common and most difficult type of this investigative action. Presentation for identification is not recommended: 1) when the identifier categorically declares that he will not be able to identify the face (due to unfavorable conditions of perception, poor memorization of signs of appearance, saw from the back, the offender was wearing a mask, etc.); 2) when the identifier is familiar with the identifiable (knows his last name, first name, other data) and the identifiable does not deny it. If the identifiable denies the fact of acquaintance, the identification can be carried out. Identification should be carried out also in those cases when the identifier is familiar with the identifiable, but does not know his surname, first name or calls him differently.

Presentation for identification of people based on their appearance is made in the following order:

1) the following are invited to the premises where the presentation for identification will be made: an identifiable person; two or more specially selected persons with whom he will be presented (extras); witnesses. If necessary, a specialist and other participants are invited. To all those present, the investigator explains the purpose of the investigative action, their rights and obligations, the technical and forensic means that will be used, the nature of the actions of each participant during the presentation for identification. The attention of all participants should be drawn to the degree of similarity and the absence of significant differences between the identifiable and the persons with whom he will be presented;

2) the identifiable is invited to take any place at his discretion among the presented persons. After that, the investigator invites the identifying person, who at this time is in another isolated room (calls by phone), explains to him the essence of the investigative action, his rights and obligations. An identifying witness or victim is warned about responsibility for refusal or evasion to testify and knowingly false identification;

3) then the identifying person is invited to carefully examine the persons presented for identification and answer the question: is there among them the person about whom he testified during interrogation; if he recognizes someone, then indicate who exactly, when, where and under what circumstances he saw him earlier. At the request of the identifying person, the investigator can suggest that the presented persons change their posture (stand up, sit down, turn around, walk a few steps, make certain movements, etc.);

4) in the case of a positive answer from the identifying person, the investigator must specify the signs and characteristics of the person by which his identification was carried out. The investigator asks the identified person to give his last name, first name, patronymic. If the answer is negative, when the identifying person did not recognize any of the persons presented to him, it is necessary to find out his reason. So, it can be caused by poor memorization of the identifiable's features, or the identifier is firmly convinced that the identifiable is absent among the persons presented to him.

5) the process and the result of identification are documented by the protocol of presentation for identification. As additional means of fixation, it is necessary to use photography to capture the external appearance of the presented persons and separately - the identified person, as well as sound and video recording.

In some cases, the recognition of people can be successfully carried out on the basis of functional features such as voice and speech features. Presentation for recognition based on voice and speech is carried out in two adjacent rooms with an open door between them, or in one, divided into two parts by a sound-permeable partition (curtain, screen, etc.), provided that it is good in each part of the room. you can hear everything that happens in the other, but you could not see the persons who are there. The premises used must be equipped with sound recording devices for the most complete recording of the identification process.

An identifier, an identifiable person is located in one of the rooms, and two more pre-selected persons (extras) are in the next room. The identifiable person is given the opportunity to choose the order of listening to his voice and speech himself, after which the investigator (or an assistant investigator or an operational worker) talks with the persons presented in a certain sequence. They may also be asked to read the prepared text. In this case, the content of the conversation (text) should be thought out in advance, it is desirable to include words and expressions that the identifier had previously heard and remembered. The conversation should be conducted in such a way that, by the nature of the questions and answers, the identifying person could not guess which of the presented persons is identifiable.

After that, the investigator asks the identifying person to report whether he identified someone by voice, if so, who exactly in the order of listening.

In investigative practice, sometimes it becomes necessary to identify a person by a phonogram (audio recording) of voice and speech. This is necessary in cases: a) when the identification of a person by voice and speech features is difficult or impossible; b) when it is necessary to establish the identity of the deceased, whose voice was recorded on the phonogram; c) if there is a reasonable assumption that the identifiable person will interfere with the identification by deliberately distorting his voice and speech; d) when the phonogram of the voice and speech recording is material evidence and it is necessary to establish the identity of the person whose voice and speech are recorded on it.

If it is impossible to directly present a person, identification can be carried out by his photograph, presented simultaneously with photographs of other persons (in an amount of at least three), outwardly similar to the identifiable person.

In practice, there are cases of presentation for identification of people by their video images (video recordings). Since in accordance with Art. 193 of the Code of Criminal Procedure of the Russian Federation, a person is presented for identification in a group of similar ones, a total of at least three, the investigator must prepare at least two more video images of people who do not have sharp differences. This recommendation can be used in cases when a person is presented for identification by the video image available in the police department's video library, or obtained in the course of an investigative action (in this case, the registration data of the video record identified in the logbook is recorded in the protocol).

Fragments of relevant materials containing a video image of an identifiable person and persons similar to it are shown alternately, in no particular order. The order of the demonstration is reflected in the protocol, which also indicates how the fragment containing the image of the identifiable person was shown in turn.

If the video contains images of several faces, among which there is an identifiable person, there is no need to demonstrate additional video images. It should be borne in mind that these persons, if possible, should be outwardly similar to each other. It is advisable to take a photo from a freeze frame (printout), where the person to be identified is depicted, which is placed in a photo table and attached to the protocol of the investigative action.

Recently, in practice, the most common cases of presentation for identification of objects not by video portraits, but by their copies obtained with the help of printers. Such presentation practically does not differ from presentation for identification from a photograph. Copies of video portraits obtained using laser printers, especially color ones, display facial features with a high degree of reliability.

Counter-identification is carried out if both the victim and the suspect or the accused express a desire to identify each other. In this case, both persons alternately act as identifying and identifiable.

Such identification is carried out under conditions that preclude visual observation of the identifiable identifier (or the identification of a person is carried out by his photograph). The second presentation for identification is carried out in the usual manner, with the person who was previously identifiable becoming the identifier.

Features of tactics of other types of presentation for identification

Presentation for identification of a corpse is carried out in order to establish the identity of the deceased, when it is not possible to establish it according to documents, or when the appearance of the corpse is significantly changed (the corpse is disfigured or dismembered).

The identifiers are most often the relatives of the deceased, as well as other persons who presumably knew him during his lifetime. During the interrogation of these persons, the life-time attitude of the identifying person to the identifiable corpse, signs of his appearance, features of clothing, things, ornaments that were with the deceased, the presence of special signs on any part of the body (including those usually hidden by clothing) are established.

Unlike other objects, the corpse is presented for identification in the singular.

Identification of a corpse can be carried out by photographs taken according to the rules of signaling shooting. The head of the corpse is fixed in full face, the right and left profile and 3/4 of the turn; parts of the body with special features are captured separately. It is recommended to identify corpses by photograph or video recording in cases of natural disasters, catastrophes, accidents, terrorist acts with a significant number of victims.

Presentation for identification of objects is carried out according to the general rules of Art. 193 of the Criminal Procedure Code. In most cases, objects that are material evidence are presented for identification. During the preliminary interrogation of the identifying person, it is advisable to find out: the name and purpose of the object; manufacturing method (factory, homemade), the nature of the material used; dimensions (size, weight), shape; Colour; particular signs formed during operation (defects, traces of repair, degree of wear, traces of alteration and other changes). It is inappropriate to carry out identification in cases where the identifier has not memorized the individual characteristics of the object, or the object does not have individualizing characteristics (serial production product that has not been used).

An identifiable object shall be presented in a group of similar objects in an amount of at least three. At the same time, the coincidence of generic and specific external signs, named by the identifier during interrogation, and the absence of individual characteristics in each object, sharply distinguishing it from other objects, is ensured.

Presentation for identification of animals is usually carried out in relation to stolen livestock, as well as purebred dogs and cats. The recognizable animal is presented in a group of homogeneous and externally similar, in total not less than three. It is possible to present the animal directly to the herd.

Re-identification capabilities

In accordance with the procedural order established by Part 3 of Art. 193 of the Code of Criminal Procedure of the Russian Federation, repeated identification of a person or object by the same identifier and on the basis of the same characteristics cannot be carried out.

Fixation of the course and results of presentation for identification, assessment of its results

An obligatory means of procedural fixation of the presentation for identification is a protocol, which is drawn up at the end of the identification in accordance with Art. 166, 167, part 9 of Art. 193 of the Criminal Procedure Code of the Russian Federation. The protocol specifies: the conditions in which the identification took place (room, illumination, location of objects, etc.); surname, name, patronymic of the persons who took part or were present in the performance of the investigative action; information about the identifying person (name and surname, procedural position); the fact of explaining to the persons involved the procedure for conducting an investigative action, their rights, duties and responsibilities; announcement of the use of technical means. It is important to record information about the objects presented for identification (full name, year of birth, place of residence, signs of appearance, clothing of the identifiable; name, purpose, color, shape, size and other signs of objects, etc.) ; what place among the presented persons the identifiable one of his own free will took (how the objects were placed).

Further, the process of recognition and the result of identification are described - the explanations of the identifier are literally set out by what signs or features he identified the object, when, where and under what circumstances he saw it earlier, if he did not recognize it, then for what reason; surname, first name and patronymic of the identified person, which he names at the suggestion of the investigator.

In the final part, it is noted: statements and comments received from the participants or their absence, the fact that all those present were familiarized with the protocol (read personally or aloud by the investigator), the protocol was signed by all its participants and the investigator.

The main disadvantages of the protocol that take place in practice: 1) insufficient description of the similarity features of the presented objects; 2) incomplete characteristics of the object's features (its features and features), on the basis of which it was identified. At the same time, it is difficult to check the reliability of the identification (“identified a face by its appearance”, “identified an object by its appearance”); 3) lack of signature of an identifiable person; 4) non-entry in the protocol of statements and remarks of the identifiable regarding violations from his point of view of the procedural procedure for identification.

The use of technical means of fixation (photography, video recording) makes it possible to visually show the absence of significant differences in the presented objects and the convincingness of identification by the named identifying features.

Evaluation of the results of presentation for identification. The results of presentation for identification can be erroneous both due to deliberate false explanations of the identifier, and due to his conscientious delusion. Therefore, they need to be carefully checked and evaluated. The correctness of the identification is assessed both in terms of compliance with the requirements of the procedural law and the use of tactical recommendations of forensic science. When contradictions are established between the results of identification and other evidence in the case, measures are taken to eliminate them, including by carrying out other investigative actions.

The investigator must make sure that the features of the identified object, previously named by the identifying person, match the features that he indicated in the identification process. If the identifying person named the signs about which he did not give evidence, it is necessary to find out the reason (remembered during the identification, etc.). In case of a negative identification result, it is established whether the identified object was really not recognized or whether the identified object for some reason gave a false indication.

Starting the production of presentation for identification, the investigator explains to the participants their rights and obligations, the essence of the investigative action being carried out. Then the investigator offers the identifiable person to take any place among the other presented citizens. This technique is aimed at strengthening the guarantees of the rights of the suspect, the accused, subject to identification. Gives the investigative action maximum objectivity.

Immediately thereafter, an identifier is invited. The investigator verifies his identity, inquires about whether he sees well in these conditions, explains the essence of the investigative action being carried out and warns the identifying person (if he is a witness or a victim) about responsibility for refusing to testify or for knowingly giving false testimony.

After that, the identifier is invited to carefully examine the presented citizens in the positions in which they are. For the convenience of consideration, the identifying signs presented by the investigator can invite them to stand up, walk a certain distance, and make certain movements.

Actions that focus the attention of the identifier on the person to be identified are inadmissible.

To find out the judgment of the identifier, he needs to ask the question: "Do you recognize any of the presented citizens?" Possible answers are: categorically positive (“Looks like - to a greater or lesser extent - the one whom I saw before”); categorically negative ("I do not recognize"). When the identifier declares that he has identified one of the presented citizens, the identifier points his hand at this person and names the signs by which he identified the citizen indicated by him. The identifier finds out under what circumstances, how many times before he saw the identifiable. The explanation of the identifying person must contain brief information about the nature of the crime and the actions of the identified person.

When the identifier declares that he did not recognize any of the presented citizens, the witness finds out the reason for this: either he does not remember the image of the person he had previously observed, or there is no one among the presented persons whom he had seen earlier. Sometimes the identifying person states that he does not identify any of the persons presented, and later informs the investigator that he recognized the identifiable person, but was afraid to say so in his presence. In such cases, it is advisable to interrogate the identifying person and record his statement in the interrogation protocol.

If it is necessary to present several people to one identifying person, each identifiable person shall be presented separately. If there are several identifiers, then presentation for identification is made to each of them separately so that they do not influence each other. The investigator is obliged to create conditions for the identifying persons so that they would not be able to communicate with each other before being presented for identification.

Presentation for identification, as an exception, can be repeated. This need arises in cases when:

· This investigative action was originally carried out despite a temporary visual defect of the identifying person, formed as a result of an accident or for other reasons;

· Presentation for identification was carried out under conditions worse for perception than those under which the identifying person had previously observed the object;

· The person was presented in the presence of significant, but temporary changes in certain signs;

· The identifier subsequently changed his initial judgment, expressed in the process of presentation for identification.

Upon re-presentation, the person whose identification is being carried out must be presented for review to the identifying person among those citizens among whom he was originally.

Sometimes the accused or suspect, having pleaded guilty, agrees to identify the blackened one; at the same time, the victim declares his readiness to identify the perpetrator. In such cases, it becomes necessary to carry out identification in such a way as to simultaneously present both the victim to the accused and the accused to the victim for identification ("counter identification"). In this case, it is necessary to carefully consider the organization and procedure for conducting mutual identification. A prerequisite is that each of the identifiable identifiables must be among at least two persons similar to him and must not prematurely distinguish himself from their number.

The presentation of a person for identification can be made by his photograph in cases when: the identifying and identifiable are far from each other and it is impossible or impractical to collect them in one place; it is necessary to carry out identification as a separate order; the location of the person to be identified is unknown; the person died.

Photographs, which depict people of similar appearance (at least three), are pasted on a protocol form or photo table, assigning a number to each of them and sealed the corner of each with a seal. Then the photographs are presented to the identifying person, and the results are recorded in the same way as when identifying living faces.

Investigative practice knows cases of successful presentation for identification of people by dynamic (functional) characteristics. These include vocal sounds, speech patterns and human gait. The above signs have individuality and relative stability, which indicates the possibility of recognizing a person by these signs. In this case, there is a possibility that the person being identified will try to change his voice and gait. However, this requires exertion of will, constant control over oneself, and after a certain time, the achieved changes disappear.

An analysis of investigative and judicial practice reveals that categorical identification by oral speech is possible, as a rule, in relation to relatives and close people. In other cases, identification is most likely in the form of similarity (to a greater or lesser extent). Nevertheless, the investigator, when deciding on presentation for identification by functional characteristics of a person, must select people who are similar precisely in terms of voice, mouth non-speech or gait. Persons subject to presentation for identification by recognizing speech and voice are stirred in such a way that the identifier can hear the speech well, but not see those presented. This technique is aimed at neutralizing to some extent the deliberate change in the voice of the recognizable. Usually a room is used for this, in which the identifier is separated from those presented by a light sound-permeable screen, which does not make it possible to see people from the other side. The number of witnesses in these cases should be increased, since their presence is necessary on both sides of the curtain. The investigator will also need a competent assistant (another investigator, operative, etc.), who would constantly be on one of the sides; with an identifier or presented for identification. At the command of the investigator, listening to the oral speech of the persons presented takes place. The investigator prepares in advance the content of those phrases that will be uttered in turn in the course of the investigative action. If the identifying person stated that he recognized the voice and speech of someone presented, then he must explain by what characteristic features he identified this person. The task of describing oral speech turns out to be very difficult for any identifier; therefore, it is recommended to ask detailed questions according to the scheme characterizing the voice and oral speech. In this case, it is advisable to make video and sound recording.

Presenting for identification by gait, the investigator selects persons similar to each other in the nature of the gait. The place where the identification will be carried out must be spacious enough.

It is necessary to agree in advance about the signals that the investigator will give in order to change the direction of the speed of movement, the vines presented and the numbers under which they will appear. It is impossible to name those presented by the names. The identifier is provided with a convenient observation spot. After he looks at the movement of all those presented, the investigator finds out whether he recognized any of them and by what signs of gait. It is important to clarify the question whether the identifiable person is the same person whom the identifying person saw earlier, or only similar. It is recommended to record the walking process using video filming.

The person can also be identified by the phonogram. This type of presentation for identification is gaining more and more importance with the development of the technical capabilities of sound recording and expert background of coping and identification.

Phonograms are presented for identification of a person by voice and speech features in the following cases:

If the person interested in the investigation does not admit that it was his statements that were recorded on the phonogram;

~ - when the identifying person declares during interrogation that he will be able to identify a person by appearance and voice, but it is not possible to present it for identification (the person died, disappeared, etc.);

If necessary, carry out an investigative action as a separate order (in the presence of the submitted phonogram of his voice recording).

And the last, in relation to presentation for identification of living persons. In practice, there are cases when the identifying person, unexpectedly for the investigator, identifies, for example, not a suspect, but one of the persons among whom he is presented, or from attesting witnesses. In such a situation, it should not be argued that the identifier was mistaken. It is necessary to bring the investigative action to the end, reflecting its course and results in the protocol, and then carefully check in an investigative-operational way whether this person was involved in the crime.

When interrogating a person, first of all, they find out the signs of a person whom he has to identify. In Art. 164 of the Code of Criminal Procedure of the RSFSR states that during such an interrogation, signs and features should be established by which he can carry out identification. The indication in the law of features and signs is dictated by the desire to increase the reliability of identification, given its subjective nature. But this indication should by no means be understood as a limitation in the choice of the characteristics of a person used to identify him. It should not be forgotten that the sum of particular attributes constitutes an individual aggregate, necessary and sufficient for identifying an object. Therefore, when interrogating an identifying person, one should not be limited only to the features of appearance and its features (special, catchy), but it is necessary to establish as many signs as possible, both general and specific.

Interrogation about the external signs of a person is carried out according to the scheme according to which verbal portraits are compiled. The terminology of a verbal portrait is not used, since it is unfamiliar to the identifier. The signs are described in the protocol as the interrogated person states them. The investigator, inviting him to recall and characterize as many features as possible, acts on the principle "from the general to the particular." First, the gender, approximate age and height of the person are noted. Then - the physique, posture .. After that, the shape, size and position of the head and parts of the face (forehead, eyebrows, eyes, nose, mouth, chin, ears) are noted. If a person was without a headdress - the shape and color of the hair, the nature of the haircut. Particular attention is paid to catchy features of the face: scars, birthmarks, etc. The protocol also contains signs of clothing: its type, color, size, cut, material, condition, existing defects.

Taking into account the signs of appearance recorded during the interrogation and the conditions in which the identifying person was observing the person, the investigator decides on the expediency (inexpediency) of identification. It should not be forgotten that non-identification is not just the absence of one of the evidence, but "counter-evidence" if a person was presented who actually committed a crime. This person will use the fact of his non-identification at all stages of the investigation and legal proceedings.

Having made the decision to present the object for identification, the investigator takes a number of preparatory measures. First of all, this concerns the selection of persons among whom it will be presented. People should be selected on the basis of general similarity. In this case, the following are taken into account:

nationality, age, height, physique, as well as the similarity of some facial features (hair color, eyes, facial contours, etc.). The clothes of the presented persons should also be similar in general appearance, color, and other general features. You cannot show, for example, a person in civilian clothes among people in military uniform and vice versa. The persons, among whom the identifiable person will be presented, must not be familiar to the identifying person. Thus, in the case of rape committed in a small workers' settlement, two witnesses stated that they saw an unknown person that day and described his signs. According to signs, K. was arrested and presented to each of the witnesses separately. Both witnesses identified him, but this fact could not be used as evidence. The settlement was small and all its inhabitants knew each other. The detainee was presented among men well known to the identifiers. K. stated this at the trial. And although he really committed this crime, the court sent the case for further investigation.

Particular attention is paid to ensuring that the identifier does not see the identifiable until the moment when the latter is presented among other persons. Otherwise, the identification may be considered unreliable. If an identifier sees an identifiable person before presentation, and besides, in an environment related to the investigation of a crime (accompanied by an escort, awaiting a call to an investigator, etc.), then this may have a certain effect on him. For the same reason, in the presence of several identifiers, the object is presented to each of them separately (in a group of the same or different persons).

In practice, one often has to deal with a deviation from the tactical rules of presentation for identification, when the recognition process is carried out twice: in the course of operational-search actions and in criminal proceedings - upon presentation for identification. When questioning a victim or a witness about the signs of a criminal, he is shown the photo albums of the persons under account. If the victim (witness) recognizes as a criminal any of the persons depicted in the photographs, then during the investigation this person is presented for identification. Such actions cannot be recognized as correct, taking into account the nature of subjective identification, which, in essence, is identification. The person who saw the picture in the album can subsequently identify not the criminal, but the one whose photo he remembered.

In such cases, two options are possible. If identification was carried out by photographs before the initiation of a criminal case, then this action must be documented as provided for by the Law "On Operational Investigative Activities". In paragraph 7 of Art. 6 of this Law refers to the admissibility of "identification of a person" in the course of operational-search activities. Subsequently, the fact of identification can be used in proving in accordance with the general procedure for using the results of the OSA.

The alternative is not to present the albums, but to search for a person by signs and present him in kind after the initiation of a criminal case, or to present the albums after a criminal case has been initiated, and identification by photographs.

After the selection of similar persons and the invitation of attesting witnesses, the production of this investigative action begins. Having stated the meaning and purpose of the action being carried out, the investigator explains to each of those present his rights and obligations. Then the identifiable is invited to take any place among persons similar to him. After that, an identifier is invited to the room, who is invited to answer the question: does he identify any of the presented persons, and if he does, then on what grounds.

The investigator, conducting the identification, must decide in advance, as far as possible, during the presentation, to disclose the data concerning the crime committed. It should not be forgotten that at least four unauthorized persons are present upon presentation for identification (two attesting witnesses and two persons, among whom the identifiable is presented). It is undesirable to initiate them into the actual circumstances of the case for reasons of tactics and sometimes ethics (in cases of rape). Therefore, it is advisable to pose the question in. in such a way that its content would give as little information as possible about the crime itself. For example, "will you not identify among the persons presented to you the person about whom you testified during the interrogation of such and such a date?"

The details listed above, by which the person presented is identified, are entered into the protocol and subsequently compared with the testimony of the identifying person at the previous interrogation. Comparison of the features set forth in both documents, the degree of their detailing, will make it possible to more reliably assess the reliability of the identification carried out.

During presentation for identification, the investigator, at the request of the identifying person, can invite a group of persons to stand up (if they were sitting), come closer to the light, turn in profile, etc. Leading questions are not allowed, but the investigator must observe the behavior of both the identifying and the identifiable ... There are cases when the behavior of the identifier, his emotional reaction testified that he recognized the person, but denied it. The reasons can be very different. Most often - the fear of revenge on the part of the criminal or his friends. Sometimes identifiers (especially older women) feel sorry for the offender because of his youth or sickness. Therefore, the observation of the investigator and the subsequent interrogation should make it possible to establish the true state of affairs: the really identifying person did not recognize the person, or he did, but hides it.

As for the behavior of the identifiable, it can also be incriminating in nature. In addition, he must be warned in advance about the inadmissibility of any remarks, gestures, threats, threatening looks, etc.

Along with identification by morphological (anatomical) characteristics of a person, identification can be carried out by functional characteristics: gait, voice, gestures. Identification by these features is possible if they differ from similar features of other persons, that is, they represent a certain feature that the identifying person pointed out during interrogation. It can be lameness, unusual gait, burr, a peculiar timbre of the voice, etc.

In order to avoid deliberate changes in functional (dynamic) features, it is necessary to present an identifiable person in such a way that he does not suspect about it. For example, an identifiable person, together with other persons, is offered to go into another building, a room so that the identifier can see them (with him there are attesting witnesses). When recognizing by voice, the object must conduct a conversation with other persons, answer questions from the investigator, etc. The identifier is in the next room with the attesting witnesses, from where he can hear everything well, and indicates which of the speakers he identifies. After identification by gait or voice, the usual identification by external signs can be carried out, if the identifier has memorized them.

In conclusion, it is necessary to point out one more important point. If a considerable time has passed since the first interrogations about the signs of a person's appearance, until the suspect was identified (and this can be weeks, months or even years), then it is advisable to conduct the interrogation again to make sure that the subject still retains the image in his memory this person and is able to identify him. Depending on the results of the interrogation, including by comparing it with the previous ones, the investigator either presents the person for identification, or refuses this investigative action.

Presentation for identification is an independent investigative action (Articles 164, 165, 166 of the Code of Criminal Procedure of the RSFSR). In the first part of Art. 164 of the Code of Criminal Procedure states: "If necessary, the investigator may present a person for identification. Or an object to a witness, victim, suspect or accused ...". The task is to provide an opportunity for a person to identify, recognize among the people, things or other objects presented to him, the one that he observed or knew earlier. It can be a person (suspect, accused), a corpse whose identity is to be established, objects stolen from the victim, and objects lost by the offender at the scene. There can be quite a lot of variants of this investigative action in the "subject-object" combination. However, they will have in common that the identifier must keep in his memory the image of the identifiable object (person, object, animal) and can, in this image, either identify the object, or establish only its similarity to the image, or give a negative answer to the question of identity.

With sufficient clarity of the tasks of this investigative action, it is necessary to dwell in somewhat more detail on its essence. Understanding. The essence of presentation for identification is necessary, first of all, for the correct conduct of this investigative action and the assessment of the reliability and evidentiary value of the results obtained.

Bearing in mind what was said earlier about the subjective nature of identification, it is necessary to take into account the state of the identifying person, especially before identifying the criminal, before identifying the corpse of a loved one. Therefore, the investigator must take measures so that balance returns to the face. So, if it is necessary to identify the accused, then for the safety of the identifying person, presentation can be made under conditions that preclude their visual contact (for example, identification from a darkened room, when the person being identified and the persons shown with him are in a lighted room, identification through glass from an isolated room) ... In such cases, witnesses must be with the identifying person.

If a corpse is to be identified, you can seek medical help. So, in places of mass death of people, teams of doctors and psychologists are on duty to provide medical assistance to identifying persons and their psychological support.

In each case, the subject of identification must be explained the importance of reliable and the possible consequences of erroneous identification.

In exceptional cases, the subject may be a person in a serious physical condition (victim), if, however, there is no doubt about his ability to correctly perceive and evaluate what is happening.

Presentation tactics for identification of living persons

Having made the decision to present the object for identification, the investigator carries out a number of preparatory ones. measures. First of all, this concerns the selection of persons among whom it will be presented. People should be selected on the basis of general similarity. In this case, the following are taken into account: nationality, age, height, physique, as well as the similarity of some facial features (hair color, eyes, face shape, etc.). The clothes of the presented persons should also be similar in general appearance, color, and other general features. You cannot show, for example, a person in civilian clothes among people in military uniform and vice versa. The persons, among whom the identifiable person will be presented, must not be familiar to the identifying person. Thus, in the case of rape committed in a small workers' settlement, two witnesses stated that they saw an unknown person that day and described his signs. According to signs, K. was arrested and presented to each of the witnesses separately. Both witnesses identified him, but this fact cannot be used as evidence for a moment. The settlement was small and all its inhabitants knew each other. The detainee was presented among men well known to the identifiers. K. stated this at the trial. And although he really committed this crime, the court sent the case for further investigation.

Particular attention is paid to ensure that the identifying person does not see the identifiable person until the moment when the latter is “presented among other persons. Otherwise, the identification may be considered unreliable. crime (accompanied by a convoy, awaiting a call to the investigator, etc.), this may have a certain effect on him.For the same reason, if there are several identifiers, the object is presented to each of them separately (in a group of the same or different persons).

In such cases, two options are possible. If the identification was carried out by photographs before the initiation of a criminal case, then this action must be documented as provided for by the Law "On Operational Investigative Activities". In paragraph 7 of Art. 6 of this Law refers to the admissibility of "identification of a person" in the course of operational-search activities. Subsequently, the fact of identification can be used in proving in accordance with the general procedure for using the results of the OSA.

After the selection of similar persons and the invitation of attesting witnesses, the production of this investigative action begins. Having stated the meaning and purpose of the action being carried out, the investigator explains to each of those present his rights and obligations. Then the identifiable is invited to take any place among persons similar to him. After that, an identifying person1 is invited to the room, who is invited to answer the question: does he recognize any of the presented persons and if he is late, then on what grounds.

The investigator, conducting the identification, must decide in advance, as far as possible, during the presentation, to disclose the data concerning the crime committed. It should not be forgotten that at least four unauthorized persons are present upon presentation for identification (two attesting witnesses and two persons, among whom the identifiable is presented). It is undesirable to initiate them into the actual circumstances of the case for reasons of tactics and sometimes ethics (in cases of rape). Therefore, it is advisable to pose the question in such a form that its content would give as little information as possible about the crime itself. For example, "will you not recognize" among the faces presented to you of the person you gave testimony during the interrogation of such and such a date? "

During presentation for identification, the investigator, at the request of the identifying person, can invite a group of persons to stand up (if they were sitting), come closer to the light, turn in profile, etc. Leading questions are not allowed, but the investigator must observe the behavior of both the identifying and the identifiable ... There are cases when the behavior of the identifier, his emotional reaction testified that he recognized the person, but denied this. The reasons can be very different. Most often - the fear of revenge on the part of the criminal or his friends. Sometimes identifiers (especially older women) feel sorry for the offender because of his youth or sickness. Therefore, the observation of the investigator and the subsequent interrogation should make it possible to establish the true state of affairs: the really identifying person did not recognize the person, or he did, but hides it.

In conclusion, it is necessary to point out one more important point. If a considerable time has passed since the first interrogations about the signs of a person's appearance, until the suspect was identified (and this can be weeks, months or even years), then it is advisable to conduct the interrogation again to make sure that the subject still retains the image in his memory this person. and is able to identify him. Depending on the results of the interrogation, including by comparing it with the previous ones, the investigator either presents the person for identification, or refuses this investigative action.

Tactics of presentation for identification of corpses

Corpses are presented for identification in cases where it is not possible to establish the identity of the deceased according to documents, or when the appearance of the corpse is significantly changed.

When such a corpse is found, first of all, it is established which of the inhabitants of the given locality (region, city, town, village) is missing. For this purpose, in particular, forensic records are used. Citizens who have reported the disappearance of a person are questioned in detail about the signs of his appearance, what he was wearing on the day of his disappearance, what objects he had with him. First of all, the body is presented to the relatives of the missing person. At the same time, along with relatives, other persons who knew or saw the disappeared are also involved in the identification. The fact is that relatives may “not identify” the deceased on purpose if they have anything to do with the crime (for example, “contract murder” on domestic grounds). So, in the case of a murder committed on the outskirts) of the city of Dzerzhinsk, the body was presented to gr. 3., who had previously reported the disappearance of her husband. Barely glancing at the corpse, c. 3. Without hesitation, said: "No, not him." Attention was also drawn to the behavior of 3. on the way to the morgue. She not only did not show excitement, but, on the contrary, was unnaturally calm. All this forced the investigator to expand the circle of persons summoned to identify the corpse, to include in their number the colleagues of Z.'s husband, his friends and even enemies. After the identification of the corpse, further investigation established the involvement of 3. in the murder of her husband.

Other options are also possible, when the relatives "identify" the corpse without sufficient grounds, pursuing certain selfish goals (receiving a pension, taking possession of the property of the deceased, etc.). During the mass death of people as a result of the fire of two train trains near the city of Ufa (1989), three cases of alleged identification of the dead were revealed in order to receive benefits.

If in the area where the body was found, no disappearance was recorded, then it is presented for identification to as many persons as possible. At the same time, they attract people who, by the nature of their work, communicate with a large number of citizens: hotel workers, dormitory commandants, workers. house administrations, municipal authorities, passport offices, precinct, etc. If the corpse is to be presented to a significant number of persons and no statements have been received from any of them, then it is advisable to conduct interrogations after the identification of the corpse by one of these persons.

In parallel with the presentation of the corpse to persons living in a given area, it can be identified by photographs sent to various regions. Photos can be shown on television, printed in local newspapers.

Presentation of a corpse at the scene of its discovery is impractical, so as not to change the situation at the scene. The corpse is presented either in the morgue or in some room temporarily adapted for this purpose (barn, non-residential premises, etc.). In rural areas, for this purpose, a hole is dug one and a half meters deep, on the bottom of which a thin layer of straw is placed. A corpse is placed in a pit, after which it is covered with boards and sprinkled with earth.In such a temporary grave, the corpse can remain almost unchanged for several days, even in hot weather.

If identification takes place in a morgue, the clothes found on the corpse should be presented separately, among similar objects. This will make it possible to avoid, when recognizing, the mixing of heterogeneous features of objects: individualizing - a person and group - clothing. The coincidence of the signs of clothing, which is quite realistic when taking into account its prevalence, will not be able in this case to affect the person who identifies the corpse. In addition, one should bear in mind the possibility of a change of clothes by a criminal who has committed a murder. It cannot be ruled out that the victim will change clothes some time before death. If a corpse is found undressed, in no case should it be presented in someone else's clothing.

Separate presentation of the corpse and the objects that were with it (clothes, glasses, diplomat, cane, watch, etc.), allows you to more accurately comply with the rule of the law on the procedure for presenting each of the objects (corpse and objects).

The corpse presented for identification is draped with a sheet; if he was disfigured, a "corpse toilet" is carried out to give him a life-like appearance.

When specifying the signs by which the identification was made, of great value, along with special signs, are those that are not visible during an external examination, but were called identifying. These signs include traces of filling and the condition of the dental apparatus, the presence of prosthetics; scars, scars, tattoos, and birthmarks on areas of the body usually hidden by clothing.

Special attention should be paid to the presentation of corpses in the event of mass death of people (accidents, disasters, social or national conflicts, etc.). First of all, measures are taken to preserve them unchanged. All corpses are photographed or filmed. The registered corpses are entered into the computer's memory, as well as the things found on them.

Persons arriving for identification are first shown photo albums (photo stands, video recordings) of the corresponding category of the victims (men, women, adolescents, etc.). In the case of identification from a photograph (video), a note is made about this in the protocol, after which the second stage of identification - ^ - of the corpse itself is started. The corpse is transferred to a separate room, where it is presented to the identifier. The protocol sets out both stages (stages) of identification: by the image of the corpse and in its natural form.

A set of clothes (among other sets) is presented separately. Jewelry, adornments, etc. items, which, as a rule, have individualizing and well-remembered features, are also presented separately from the corpse and clothing among similar ones.

If the corpse is not identified, it is photographed according to the rules of signal photography and fingerprinted. Photos, a dact map and a statement of signs of appearance are entered into the appropriate type of forensic accounting. If the person who identified the corpse can provide lifetime photographs of the deceased, then they should be attached to the case. If necessary, they can be sent together with photographs of the corpse for expert identification.

Presentation tactics for identification of objects

According to their procedural position, objects presented for identification are (or become) material evidence, and therefore must be drawn up in the manner prescribed by law (protocol of inspection, search, seizure, etc.).

The need to identify objects can arise in different situations in different ways. Sometimes it is required because in the course of an investigative action (inspection, search, seizure) items are seized that can be identified by someone. In this case, it remains to be determined who can identify the item. In other situations, the witness or victim claims signs of the object that are relevant to the case, although the object itself has yet to be found.

With regard to the first situation, the investigator directs his efforts to identify a person who can identify the existing object. The establishment of the subject of identification will depend on how the given object became material evidence. If there is reason to believe that it belonged to the victim of a crime, then this object is presented to the victim himself (if possible) or to his relatives and friends. If it is assumed that the object found, for example, during examination, belonged to a criminal, then the persons who saw this object are identified.

Thus, in the case of the murder of the girl Nina D., the victim's clothes were removed from the scene (the girl was found naked). After the mother identified the murdered woman, she was presented with things that were taken from the scene. The mother recognized the clothes, but did not identify the handkerchief, which was also found at the scene; this suggested that the handkerchief was left behind by the killer. Since it was trimmed with lace, which is usually inherent in women's handkerchiefs, the investigator showed the handkerchief to several girls. One of them identified him and said that she had presented him to her acquaintance B. Further investigation B. was convicted of murder.

In all cases, when the object to be presented for identification is at the disposal of the investigator, the interrogation preceding this action differs in some peculiarities. Without presenting the object itself, it is necessary to find out whether this object was seen by those who are to identify it, whether it is the object referred to during interrogation. Having it at his disposal, it is not difficult for the investigator to establish with clarifying questions (but not leading) which signs of the object the identifier is pointing to and whether he names them correctly.

In cases where the object itself does not yet exist and it has to be found, the investigator must obtain as much information as possible about it. In this case, the interrogated is asked to list, first of all, such signs of an object as its purpose, general appearance, shape, size, color, material, highlighting among them those that may have the value of special signs. identifying, then find out what signs have arisen during its operation, who else knows about the presence of these signs. So, in one of the criminal cases of murder, a dress was confiscated from the sister of the accused, which, judging by the data available in the case, could have belonged to the murdered woman. When this dress, among others, was shown to her friends, they not only identified it, but also informed which dressmaker it was made by. After that, the dress was presented to the dressmaker among similar ones. The latter identified him by pointing out a number of features (particular features), known only to her as the one who sewed the dress.

Similar objects, in the group of which the identifiable person will be presented, are selected taking into account the results of the interrogation of the identifying person, in particular, what signs he indicated during interrogation, how long and under what conditions he perceived these signs. Let's say that a watch that he used for a long time was stolen from the victim. It is quite natural that during interrogation he will indicate both group (model, type, color and shape of the case, color of the dial) and particular * features that make up an individual totality (scratches on the glass and case, defects on the dial, etc.). Such a detailed list gives reason to believe that as a result of identification, individual identification will be carried out. In this case, the presentation is advisable in a group of objects that coincide in group properties (several pairs of watches of the same brand, the same color of the case in the dial), differing only in particular characteristics.

In another situation, when the identifier saw a glimpse of the watch, for example, on the criminal's hand, he, at best, will be able to point only to their general features (group): shape, color, model. In such a case, the object must be presented among the objects of different groups, only coinciding in the characteristics indicated by the identifier. Despite the difference in these situations, the requirement of the law on the presentation of an object among homogeneous ones will be respected.

Objects selected for identification are laid out in the presence of attesting witnesses in an arbitrary order. A number tag is placed next to each object. In this case, the signs of which the identifying person spoke should be clearly seen. Then the investigator invites him and offers to point to the object that he identifies. It is permissible for the identifier to pick up the object in order to better examine it. In the case of identification, the protocol shall state in detail, if possible literally, by what signs the object was identified. Photographs of the presented objects may be attached to the protocol. This will make it possible, when assessing the reliability of identification, to judge how similar the presented objects were and how specific are the features by which the identification was carried out.

Identification tactics based on photographs

The law allows for the identification of a person by his photograph in cases where the person himself cannot be presented, for example, the offender has not yet been found, but there are reasonable suspicions that he is a certain person.

The identification of the corpse is also possible from photographs. The corpse itself, as is known, cannot be preserved for a long time. Therefore, it is extremely important to correctly and timely photograph it (after the "toilet of the corpse"), to determine the circle of persons who should be presented with photographs of the corpse for identification purposes.

When identifying people, clear, without retouching photographs are selected, in which the face is depicted in the positions taken in the identification photograph (in front and in profile). Since profile shots are rare, it is common to select 3/4 of a head turn. These can be photographs taken for documents or amateur photographs that meet the above requirements.

You have to resort to using artistic photographs with caution, since with such photography they always strive to embellish the face through lighting, retouching (add eyebrows, shade moles, wrinkles, scars, etc.). Naturally, this leads to the destruction of the most valuable individualizing characteristics.

To identify a person, photographs with his image can be seized from his home, friends, relatives, or taken from official documents (personal file, passport office archive, forensic or operational records, etc.). Focusing on them, they select the image of similar faces.

For example, in the case of inflicting grievous bodily harm on a teenager, Gennady B., it became known that a young man of 17-18 years old had stabbed him. The investigator came to the correct conclusion that the offender could have received a passport relatively recently. Therefore, the victim B. was shown the documents presented for obtaining a passport, which contained several hundred photographs of young people of the same age (16 years old). Going through these documents, the victim identified Viktor R. as the person who had stabbed him.

If photographs of an object are presented during identification, then it must be photographed using the methods of imprinting used in forensic photography. Immediately photograph 2-3 similar objects. The selected pictures are pasted on a sheet of paper and numbered.

In this case, it is important that there are no marks, signs, etc. next to the photograph (except for the designation of numbers). The identifier, in the presence of witnesses, indicates which object, under what number, by what features he identifies.

The photographs presented for the identification of the object must be attached to the protocol of this investigative action.

Presentation tactics for animal identification

In investigative practice, it is most often necessary to present stolen domestic animals (cows, sheep, goats, horses, etc.) for identification, as well as purebred dogs and cats. In such cases, during interrogation prior to identification, the owner of the animal must indicate its breed, sex, age, color. The color (color) is described in particular detail: the predominant color is noted, as well as areas that differ in color, their size, shape, localization.

In the interrogation protocol, signs are also noted that have the meaning of special signs. These include various brands (brand signs), marks, hoof defects (cracks, growths, shape and type of horseshoes), shape, size, condition of horns, etc.

The presentation is made in a group of similar animals. In this case, it is recommended to pay attention to how the animal behaves in relation to the identifying one - as to the owner or not. After identification, a veterinarian examination can be carried out to confirm the signs indicated by the owner - breed, age, etc.

It should be recognized that it is possible to present for identification such parts of a slaughtered animal as a skin. In these cases, the object must also be presented among similar ones.

Procedural registration of the results of presentation for identification

The protocol of presentation for identification is drawn up in accordance with Art. 141, 142, 166 of the Code of Criminal Procedure of the RSFSR. As you know, the law allows the drawing up of a protocol both in the course of an investigative action and after its completion. In the case of identification, the drawing up of the protocol begins when the identifying person, in the presence of two attesting witnesses, is informed about the beginning of the investigative action. At this stage, the protocol notes: who, where, when and in what case made the presentation for identification, information about the identifying person (last name, first name, patronymic, place of residence) and about the attesting witnesses are entered. After that, the identifying person (if it is a victim or witness) is warned of criminal liability under Art. 307, 308 of the Criminal Code of the Russian Federation, as written in the protocol. Then he goes into another room (room) and, in his absence, the persons are brought in (objects are laid out, etc.) presented for identification. Information about these persons is entered into the protocol. At the same time, they do not limit themselves to listing surnames, names, patronymics, but also note how the similarities of the presented persons are expressed (height, age, hair color, eyes, clothes, etc.). Then in the protocol it is noted that the identifiable person was asked to take a place, and what place he took.

After completing this part of the protocol, the identifying person is invited (introduced) and the investigator invites him to indicate which of the specified persons he identifies. If a person has identified a person (object), then they note what place this object occupied in the group of similar ones.

Further, if possible, literally (Article 166 of the RSFSR Code of Criminal Procedure), the testimony of the identifying person is recorded, by what signs he identified the person (object) as seen earlier in connection with the crime. This completes the drawing up of the protocol. Any leading questions or prompts are not allowed. Replicas, objections, challenging an identifiable person in the process of carrying out this investigative action are also inadmissible. The identifying, identified, attesting witnesses and a specialist (if he participated in this investigative case) can make remarks, which are also entered into the protocol. The specialist, if necessary, can make explanations related to his actions to assist the investigator.

Errors in the preparation of the protocol include:

a) lack of information about the similarity of the presented persons (objects) and how it is expressed;

b) lack of detailing of the features of the object that served as the basis for identification. Sometimes the protocol is limited to recording the testimony in a form that excludes the possibility of checking the reliability of identification ("identified the face by appearance");

c) the protocol is not given to an identifiable person for signature, which is contrary to Art. 144 of the Code of Criminal Procedure of the RSFSR, which provides for the signing of a protocol by all persons "if they participate in the production of an investigative action."

If the identifying person (nothing) has not identified, then a note is made about this in the protocol and this is where the presentation for identification ends.

As noted earlier, in such cases, it is advisable to interrogate the identifying person for any hidden motives (fear for himself and his family, fear, pity, etc.).

In accordance with Art. 141 of the Code of Criminal Procedure, photographs may be attached to the protocol, about which a corresponding reference is made in the protocol. An application to the protocol of photographs is desirable in all cases, since it allows one to judge how similar the presented objects were, which is important in assessing the reliability of identification.

Recording the identification process and its results by video recording allows you to combine a visual image with a speech recording. Video recording is especially valuable for identification by functional features.