Art. 287 of the Criminal Procedure Code of the Russian Federation in the current edition and comments to it

New edition of Art. 180 Code of Criminal Procedure of the Russian Federation

1. Inspection and certification reports are drawn up in compliance with the requirements of this article, articles 166 and 167 of this Code.

2. The protocols describe all the actions of the investigator, as well as everything discovered during the inspection and (or) examination in the sequence in which the inspection and examination were carried out, and in the form in which what was discovered was observed at the time of the inspection and examination. The protocols list and describe all items seized during inspection and (or) examination.

3. The protocols must also indicate at what time, in what weather and what lighting the inspection or examination was carried out, what technical means were used and what results were obtained, what objects were seized and sealed and with what seal, where after the inspection the corpse or objects were sent relevant to the criminal case.

Commentary on Article 287 of the Code of Criminal Procedure of the Russian Federation

1. An inspection of the area and premises is carried out by the court in compliance with most of the rules of investigative inspection (see com. to Art. 176 - 177). However, attesting witnesses do not participate in the judicial inspection, but the participants in this trial are present. The progress and results of the judicial examination are recorded in the minutes of the court session. The peculiarity of a judicial examination is that it combines the features of the examination itself and the interrogation of the defendant, victim, witnesses, expert and specialist, who may be asked questions in connection with the examination.

2. When conducting a judicial inspection, it is sometimes quite difficult to comply with the requirement of Part 1 of Art. 278 that witnesses must be questioned separately and in the absence of unexamined witnesses. Therefore, the law does not require that when conducting a judicial inspection of the area or premises, this instruction must be unconditionally followed. However, if the necessary conditions for this are present, the court should still strive to comply with these rules, since the reliability of the witnesses' answers to the questions asked of them during the examination depends on this.

3. According to part 2 com. Article inspection of the area or premises is a continuation of the court hearing. But in accordance with Part 1 of Art. 241 court hearings in criminal cases must take place openly, i.e. in the presence of the public. Therefore, all interested persons, starting from the age of 16, have the right to be present during the inspection of the area and premises to the extent that this is technically feasible and does not create significant interference with the inspection itself.

Inspection

Inspection of the scene of the incident

The place of the incident is understood as the place where a crime was committed (reliably known or suspected) or another event of interest to the investigation (for example, the place where the stolen property was hidden or the place where the corpse was found if it was delivered there after the murder).
Usually the most important evidence, traces of a crime that give the investigator the initial clues to establishing the picture of the crime, are discovered precisely during this investigative action. The success of the investigation largely depends on a high-quality and timely inspection of the crime scene. In this regard, it is an urgent investigative action and, in urgent cases, can be carried out before the initiation of a criminal case (Article 176 of the Code of Criminal Procedure). Typically, there are two stages in the inspection of an accident scene: static and dynamic. At the first stage, the situation is examined in its unchanged form, in the same form in which the investigator found it. On the second, it is allowed to change it, move its individual elements and objects for the purpose of studying them in detail. However, in any case, during the inspection, the situation as seen by the investigator and his other participants should be recorded. If it was violated before the inspection began (for example, the colliding vehicles were removed from the roadway), the investigator must record what actually remained at the scene of the incident.

When inspecting the scene of an incident, the presence of witnesses is required, except in cases provided for in Part 3 of Art. 170 Code of Criminal Procedure. The investigator also has the right to involve the accused, suspect, victim, and witness in the examination. If the inspection is carried out with the participation of the accused or suspect, then their defense attorney has the right to take part in it. If necessary, a translator is invited. The investigator may also involve a specialist in the examination, who provides him with various scientific and technical assistance. These persons are present during all actions of the investigator and can draw his attention to certain circumstances and make statements to be entered into the protocol.

When inspecting the scene of an incident, various scientific and technical means can be used to facilitate the search and detection of all kinds of traces and evidence (especially invisible and low-visibility), as well as technical means of recording the situation and detected traces - photography, filming, audio and video recording, making casts and impressions .

Plans and diagrams of the scene of the incident or its individual fragments may also be drawn up.

A protocol on the inspection is drawn up in compliance with the general rules provided for in Art. 165, 166 and 180 Code of Criminal Procedure. It records the situation at the scene of the incident, what was discovered and seized. The seized items must be described in detail, indicating their individual characteristics and characteristics, and, if possible, packaged and sealed. The protocol must indicate what scientific and technical means were used during the inspection and what the result of their use was (what was discovered or produced). Photographic negatives and photographs, films, transparencies, plans, diagrams, casts and prints of traces, etc. made during the inspection are attached to the protocol.

Everything discovered and seized during the inspection must be presented to witnesses and other participants in the inspection. Only those items that may be relevant to the criminal case are subject to seizure.

Inspection of the area, home, other premises

As an independent type of inspection, it is relatively rare and is carried out in cases where the inspected territory is obviously not the scene of a crime or other event under investigation (for example, when checking the alibi of the accused, it is determined whether the actual situation at his place of stay coincides with that described by him). Such an inspection is carried out according to the same rules as an inspection of the crime scene, with the exception of the following features:

inspection of the home is carried out only with the consent of the persons living in it or on the basis of a court decision received in the manner established by Art. 165 Code of Criminal Procedure;
an inspection of the organization’s premises is carried out in the presence of a representative of the administration of this organization; if it is impossible to ensure his participation in the inspection, a record of this is made in the protocol.

Examination of the corpse

Most often it is carried out during an inspection of the crime scene. Even if the place where the corpse was found does not coincide with the place of the murder (it was taken there after the murder), this place is always of interest to the investigation and therefore is subject to inspection. As a separate investigative action, examination of a corpse is rarely performed (usually in a morgue), for example, when there is a need to re-examine it.

When examining a corpse, its location, posture, visible injuries, and clothing are recorded. Clothing (in particular, the contents of pockets) of unidentified corpses should be described in especially detail, since this can be of great importance for establishing the identity of the deceased.

The peculiarity of this type of examination (regardless of whether it is carried out independently or during an inspection of the crime scene) is that it must be carried out with the participation of a forensic expert, and if his participation is impossible, a doctor (Article 178 of the Code of Criminal Procedure). The rest of its rules are the same as for other types of inspection.

Inspection of objects and documents

There are two options for such an inspection. It can be carried out during the investigative action during which these objects or documents were seized (for example, during a search, inspection of the crime scene, etc.) In such cases, a separate document is not drawn up; the results of the inspection are recorded in the protocol of this investigative action. In another option, the seized documents are described only in the most general terms, packaged, sealed, and then a more detailed inspection is carried out, documented in a separate protocol. The investigator decides which option to choose depending on the specific situation. For example, if an inspection of the crime scene is carried out in unfavorable meteorological conditions, in a desert area, at night, etc., then it is advisable to examine the items seized in detail later, in the investigator’s office.

During the inspection of objects and documents, in addition to witnesses, the same persons may be present as during the inspection of the scene of the incident. Various scientific and technical means can also be used. The inspection protocol is drawn up according to the same rules.

Another comment on Article 287 of the Code of Criminal Procedure of the Russian Federation

1. An inspection may be carried out at any time during the judicial investigation after the procedure for examining evidence has been determined - at the request of the parties, other participants in the trial, or on the initiative of the court. The court sets out its decision in a ruling (ruling). When rejecting a request for inspection, the court must give reasons for its decision.

2. Inspection of the area and premises may be carried out in the presence of the parties and other participants in the trial.

3. The presiding judge at the inspection site declares the court hearing continued, the composition of the persons participating in the inspection, its place, the day and hour of the inspection.

4. A specialist may be invited to participate in the inspection. During the inspection, forensic and other techniques may be used.

5. Since the inspection of the area or premises is a continuation of the court session, all actions of the court, the parties, other participants in the process, their statements and testimony are recorded in the minutes of the court session.

Initial, repeated and additional inspections of the crime scene

The initial inspection is carried out by the investigator for the first time, i.e., the scene of the incident has not yet been examined by either the preliminary investigation bodies or the inquiry bodies (although the situation may have already undergone certain changes). Various types of inspections by the administration and representatives of departmental inspections do not change the nature of the initial inspection, since it is understood as an investigative inspection. The scene of the incident is examined in its entirety, in all details.

When re-inspecting, the object may not be all, but only individual elements of the scene of the incident.

Everything said above about methods also applies to repeated inspection. The only peculiarity is that in the case of repeated inspection of individual objects, we may not be talking about the method of inspection in the usual sense, but about compiling a list of objects to be inspected and their serial numbering.

An additional inspection should be distinguished from a repeated inspection, in which the investigator deals with objects that have not been previously inspected, i.e., in relation to them, this inspection will be initial. At the same time, the need to review the entire scene of the incident arises in cases where, during the initial inspection, most of the objects that determine the overall picture of the scene of the incident were not examined by the investigator.

During an additional inspection, depending on the number and condition of objects, all of the above methods can be used, as well as compiling a list, as with a repeated inspection.

The final stage of the inspection of the crime scene. Having completed the examination of objects at the scene of the incident, the investigator proceeds to the final stage of the inspection:

draws up an inspection report and the necessary plans, diagrams and drawings;

if necessary, fingerprints the corpse and sends it to the morgue. When autopsying a corpse at the place of its discovery, the investigator, at the end of the final stage of the examination, takes part in a forensic medical examination of the corpse;

packages objects recovered from the scene. It is important to know that the delivery of research objects for examination is the responsibility of the authorities at whose request it is carried out;

§ 2. Inspection of the scene of the incident

takes measures to preserve those objects of evidentiary value that are impossible or impractical to seize;

takes action on statements received from inspection participants and other persons related to the inspection of the scene of the incident.

The investigator must evaluate all the work done in terms of its completeness and success. At the same time, he must remember that inspection data, not supported by other evidence, are insufficient to resolve the case on the merits.

Versions during inspection of the scene of the incident. The results of an inspection of the crime scene, as a rule, make it possible to collect the necessary material for constructing investigative versions and, thus, play an important role in determining the direction of the investigation of the case. However, it would be erroneous to assume, firstly, that versions are formed only after the inspection and, secondly, that the inspection itself is carried out without any assumptions by the investigator about the nature and mechanism of the event, the signs of which were discovered.

Versions are constructed continuously throughout the inspection process. Each discovered circumstance is included as a logical link in the chain of inferences, confirms the assumption that has arisen or forces one to abandon it and put forward a new one. This process, in which the investigator’s intuition, his guesses, and reliable data participate, is the result of complex analytical and synthetic mental work, without which the inspection would lose its cognitive character. v

The investigator, when starting an examination, is guided by certain ideas about the event that could have occurred. These representations are usually typical versions. Thus, only on the basis of information about the discovery of a corpse, an investigator can assume that either a murder, suicide, or an accident has occurred, and based on a signal about the discovery of broken locks on a store door, that a theft (attempted theft) or its staging has been committed.

It is quite obvious that typical versions^, defining the mechanism of the incident in the most general terms, play the role of only guidelines for the investigator. They are the only ones possible due to the limited source data, the scope of which is usually limited to one fact (discovery of a corpse, a broken lock, etc.). As evidentiary information accumulates during the inspection, typical versions become more specific, acquire specific ones, are confirmed or refuted as general versions: At the same time, it must be borne in mind that at all stages of the inspection of the crime scene, the investigator is guided by the versions available to him and that they can arise at any stage, and not just at the end of the inspection. Without leads, the inspection would not be a purposeful investigative action.

Technical and forensic techniques and means used when inspecting the scene of an incident. To detect, record and remove traces and other material evidence from the scene of an incident

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Chapter 33. Tactics and technology of investigative examination

the investigator uses various techniques and means of forensic technology: examination of objects in special lighting conditions or from a specially changed viewing angle; fumigation of places where traces are supposed to be found with vapors of substances (for example, iodine vapors) that have the property of exhibiting certain traces; pollination or wetting of the places where traces are supposed to be located with substances, the particles of which, combining with the substance of the trace or background, make the trace visible; inspection of objects using various optical means.

Techniques for recording traces and other material evidence include photographing, measuring the size of a trace or other object, and describing it; sketch or schematic representation; processing an object on which a trace is found in order to fix this trace and preserve its condition and characteristics (preservation), making copies (casts) of the trace; removal of traces from the scene of an incident together with the object or part of the object on which the trace is located, or by transferring the trace to another surface or separating the substance of the trace.

The technical and forensic tools used by the investigator when examining the crime scene are usually included in special sets: operational and investigative suitcases, bags, briefcases. Sometimes sets of technical and forensic tools are available in special vehicles designed to go to accident scenes.

In addition to tools for working with traces, the listed kits include various tools (for example, a hammer, chisel, pliers, knife), lighting, materials for packaging objects seized from the scene, etc.

Depending on the nature of the objects at the scene of the incident, the investigator may use various equipment to examine them, for example, a portable X-ray machine, a quartz lamp, or a device for searching for corpses. In the use of complex forensic techniques, the investigator is assisted by a forensic specialist.

Recording the results of the inspection of the scene of the incident. Inspection of the scene of an incident as an investigative action acquires significance for the case only if its results are properly procedurally documented. The prosecutor studying the case, the court considering it on its merits, and the cassation instance can judge the completeness, objectivity, methodicality and timeliness of the inspection of the scene of the incident only by those procedural documents that reflect the inspection and are available in the case.

The results of the inspection must be recorded. Recording is a documentary reflection in the form established by law of everything discovered by the investigator at the scene of the incident, a description of the actions taken, capturing both the situation and the properties, condition and signs of individual elements of the scene of the incident.

It is necessary to distinguish between general and private means of recording inspection results. General ones include those means with which the investigator captures the picture of the scene as a whole, the situation in which the crime was committed, the entire set of objects.

§ 2. Inspection of the scene of the incident

comrade at the scene of the incident. Such means of recording include a protocol for examining the scene of the incident, diagrams, plans and drawings of the scene of the incident, its photographs and video recordings. Private means include those that are used to record the results of inspection of individual objects at the scene of an incident: large-scale photographs, casts, sketches, etc.

The crime scene inspection protocol is the main procedural document reflecting the results of the inspection. The protocol should be:

an accurate and consistent description of everything discovered by the investigator and other participants in the inspection at the scene. At the same time, the protocol contains not only an accurate, but also a clear, accessible description of the scene of the incident and its elements; clarity and accessibility of the protocol is ensured by the use of generally accepted terminology (in addition, the protocol should not contain vague expressions, such as: “about”, “almost”, “near”, “not far”, etc.);

a complete description of everything found at the scene and related to the case;

objective description. The protocol does not provide explanations or interpretations of the discovered facts and phenomena, does not set out the investigator’s ideas about the mechanism of formation of certain traces, the origin and ownership of the tools found, etc. The protocol is a description of what was discovered, but not its explanation;

purposeful: it reflects only what is directly related to the inspection;

drawn up in compliance with the rules established by law and have the necessary details. This requirement is an expression of the legality of the protocol.

The form of the crime scene inspection protocol is not specified by law. In Art. 182 of the Code of Criminal Procedure states that the protocol must describe all the actions of the investigator, as well as everything discovered during the inspection in the order in which the inspection was carried out, and in the form in which what was discovered was observed at the time of the inspection. It also lists and describes everything seized during the inspection. In Art. 141 of the Code of Criminal Procedure contains a list of mandatory details of the protocol, based on which the structure of this document can be determined as follows.

The first part of the incident scene inspection protocol - introductory - contains the following information:

a) date of inspection – day, month, year;

b) place of inspection;

c) position, special rank, surname, name, patronymic of the person who performed the inspection;

d) last names, first names and patronymics of witnesses, and, if necessary, their addresses;

e) position, special rank, last name, first name and patronymic of the specialist who took part in the inspection;

f) last name, first name and patronymic of each other participant in the inspection, and, if necessary, their addresses;

Chapter 33. Tactics and technology of investigative examination

g) a link to articles of the Code of Criminal Procedure related to the inspection and recording of its results;

h) an indication of the reason for the inspection; i) the start and end time of the inspection;

j) conditions for the inspection (lighting, weather conditions when inspecting the area, etc.).

The second part of the inspection protocol - descriptive - contains a statement of all the circumstances established during the inspection and is drawn up in any form.

Inspection practice shows that this part of the protocol describes in detail:

a) the boundaries of the scene of the incident and its location; general characteristics of the scene of the incident (if this is a premises - address, the size of the building, the number of floors, the location of the building in relation to the environment);

b) paths leading to the scene of the incident, entrances and exits from the premises;

c) walls, ceilings, windows, floors, lighting and heating of the room in which the event under investigation occurred;

d) the situation at the scene of the incident and all objects of inspection (traces and other material evidence, etc.), indicating which objects were photographed, in what way and from which traces copies were made or impressions were made, etc.;

e) special circumstances that are characteristic of a given crime or, conversely, that are unusual for it (negative circumstances). ' ..

The third – final – part of the protocol states:

a) what items were seized from the scene of the incident, where they were sent or to whom they were transferred for storage;

b) what plans, diagrams, drawings were drawn up at the scene of the incident;

c) where the corpse was sent for autopsy;

d) statements received by the investigator and related to the inspection, decisions made on them.

This is followed by the signatures of all participants in the inspection.

The plan of the scene of the incident is its image in a rectangular projection using symbols, made on a certain scale or schematically. The purpose of the plan is illustrative. It reflects the territory (place) within which a crime was committed or discovered, as well as the location of objects and traces of the crime and the criminal found in this territory.

The plan, as well as the inspection protocol, has certain requirements; He must:

a) sufficiently accurately and completely reflect reality;

b) be drawn up by the same person as the inspection protocol and have the necessary details;

c) drawn up at the scene of the incident or, in any case, based on sketches made there. Making a plan away from the scene

§ 2. Inspection of the scene of the incident

allowed as an exception in the absence of appropriate conditions for this;

d) contain only generally accepted symbols to ensure its simplicity and accessibility;

e) drawn up on a single scale, and the chosen scale must ensure that all necessary objects of inspection are reflected on the plan;

e) do not have unnecessary details.

Mandatory details of the plan should be considered: scale or indication of the main dimensions, designation of the cardinal points, explanations of symbols, date of drawing up the plan, signatures of the investigator and witnesses.

There are large-scale and schematic plans. A schematic plan of the scene of the incident is drawn up without scale, but maintaining approximate proportions between the sizes of the depicted objects and the distances between them. The choice of plan type depends on the characteristics of the incident site. In practice, floor plans are usually drawn to scale; terrain plans - schematically, with the main distances indicated by dimensional arrows.

The plan can be general, when it depicts not only the immediate scene of the incident, but also the surrounding premises, areas of the area, for example, a plan of part of a village, an estate with outbuildings, workshop areas with production premises, a plan of the entire house, and not just the room where the event under investigation occurred, and private - a plan of a separate room where the incident directly took place: a room, a workshop, one of the storage rooms, a warehouse, etc.

A private plan can be planar or expanded. The planar plan displays only those objects that can be projected onto the floor plane (top view). If it is necessary to display objects located in other planes (for example, a trace of blood on a wall), a detailed plan is drawn up, on which the walls and ceiling seem to be “laid out” in one horizontal plane.

A photograph of the scene of the incident is a visual illustration of the protocol, helps to understand its contents, and fills in any gaps found. However, it should be borne in mind that photographs in no way replace the inspection report.

When photographing an incident scene, its general appearance is captured from several points in order to more fully capture all the details of the situation. In this case, the camera at all shooting points is installed at the same height from the floor or soil surface.

Each photograph attached to the inspection report must have an explanatory inscription on the back about what is shown in the photograph, from which location the photograph was taken, and must also be certified by the signature of the investigator, the person who took the photograph, and, if possible, witnesses. If photographs are mounted in a table, then these inscriptions should be on the table itself.