Expert's conclusion on the results of fingerprint examination as proof: factors of its validity and good quality

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In modern socio-economic conditions, taking into account unfavorable trends in the transformation and development of crime, criminal proceedings are inextricably linked with the need to use special, improving the quality level of forensic support. Despite the intensive development of new types of forensic examinations, fingerprint examination remains widely in demand. Such popularity of fingerprinting studies is connected, first of all, with the possibility in the course of their implementation to carry out forensic identification of a person, which is based on the individuality of papillary patterns. Despite such identification capabilities, the results of fingerprint examination still may not always be indisputable evidence. Therefore, like any other, the expert's conclusion based on the results of fingerprinting has no pre-established force, and its evidentiary value is determined by a comprehensive critical assessment of the totality of available evidence in a criminal case. Of course, the principles of legality, objectivity, comprehensiveness and completeness of state forensic expert activity established by federal legislation should be reflected in the expert's conclusion. In this regard, adhering to the position of the need to improve the quality of expert opinions on fingerprint examinations, the article provides recommendations that will undoubtedly have an impact on the level of development of organizational and methodological support for forensic expert activities and professional competencies of an expert to obtain effective and high-quality expert opinions that do not cause doubts about their objectivity. Materials and methods: The basis of the study is the Constitution of the Russian Federation, criminal procedure, departmental regulatory legal acts regulating the appointment and production of forensic examination. The methodological basis of the research was the general dialectical method of scientific cognition, as well as cognitive methods of generalization, description, methods of observation, comparison and analysis. The empirical basis of the study was the conclusions of fingerprint examinations conducted by experts of the ECC of the Ministry of Internal Affairs of Russia in the Irkutsk region in the period from 2019-2021. The results of the study: Having considered in the substantive aspect certain issues of forming an expert opinion based on the results of fingerprint examination, specific recommendations were developed based on the basic principles of forensic expert activity - legality, completeness and objectivity. Findings and conclusions: Along with knowledge and compliance with the methodology of research, an important aspect in the formation of a system of evidence in a criminal case is the ability to correctly and competently formalize the results of the conducted research, in many respects its effectiveness and quality depends on this.

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Special knowledge, forensic examination, forensic expert activity, expert opinion, fingerprint examination, proof

Короткий адрес: https://sciup.org/143179608

IDR: 143179608   |   DOI: 10.55001/2312-3184.2022.66.79.019

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