Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 76
Enero
Marzo
2023
Recibido el 14/10/22 Aceptado el 22/12/22
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 41, Nº 76 (2023), 241-258
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
The use of special knowledge in the
investigation of violent crimes
DOI: https://doi.org/10.46398/cuestpol.4176.13
Volodymyr Bondar *
Kira Gorelkina **
Liudmyla Kryvda ***
Olena Nazaruk ****
Tetiana Matiushkova *****
Abstract
The article is devoted to highlighting the issue of the use of
special knowledge in the way of conducting an examination
during the investigation of crimes committed with the use of
violence. The study illustrates that the proposition that the
expert’s participation in the evidence in criminal proceedings is
based on the laws and categories of dialectics and formal logic and,
moreover, is carried out by combining practical and intellectual
activity. Also, the main and atypical types of examinations are distinguished:
forensic medical; forensic psychiatric; forensic psychological; forensic
biological; ballistics; cold weapons examination; trans- and dactyloscopic.
Depending on the investigative situation at the time of the forensic
examination and the available evidence, a list of issues to be resolved by
the expert is indicated, such as: forensic chemistry during the investigation
of violent crimes; forensic and orological; soil science; molecular and other
genetic examinations, depending on the type of crime, the situation under
investigation and the physical objects available. It was concluded that the
theoretical and methodological foundations of such examinations need to
be updated and adapted to the latest technology and the best state-of-the-
art world experience.
* PhD, Associate Professor, Professor of the Department of Criminal Law Disciplines, Luhansk State
University of Internal Aairs named after E.O. Didorenka, IvanoFrankivsk, Ukraine. ORСID ID: https://
orcid.org/0000-0003-1552-4555
** PhD in Law, Associate Professor, Associate Professor of the Department of Public and Private Law,
Tavrida National V.I. Vernadsky University, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-
9109-9488
*** Graduate student of the Department of Criminology, National University «Odesa Law Academy»,
Odesa, Ukraine. ORСID ID: https://orcid.org//0000-0001-9193-3823
**** Candidate of legal sciences, Associate Professor at the Department of Criminal Lav and Procedure,
Lesya Ukrainka Volyn National University, Ukraine, Lutsk, Ukraine. ORСID ID: https://orcid.
org/0000-0002-2423-7243
***** Candidate of legal sciences, Associate Professor, Chief Researcher of the Research Lab on Scientic
Support of Law Enforcement and Personal Training, Kharkiv National University of Internal Aairs,
Vinnytsia, Ukraine. ORСID ID: https://orcid.org/0000-0001-7973-4581
242
Volodymyr Bondar, Kira Gorelkina, Liudmyla Kryvda, Olena Nazaruk y Tetiana Matiushkova
The use of special knowledge in the investigation of violent crimes
Keywords: violent crimes; preliminary investigation; special knowledge;
expert investigator; forensic medical examination.
El uso de conocimientos especiales en la investigación
de delitos violentos
Resumen
El artículo está dedicado a resaltar el tema del uso de conocimientos
especiales en la forma de realizar un examen durante la investigación
de delitos cometidos con el uso de la violencia. El estudio ilustra que la
proposición de que la participación del experto en la prueba en el proceso
penal se basa en las leyes y categorías de la dialéctica y la lógica formal
y, además, se lleva a cabo combinando la actividad práctica e intelectual.
También, se distinguen los tipos de exámenes principales y atípicos:
médico forense; psiquiátrico forense; psicológico forense; biológico
forense; balística; examen de armas frías; trasológico y dactiloscópico.
Dependiendo de la situación investigativa al momento del examen forense
y de las pruebas disponibles, se indica una lista de cuestiones a resolver
por el perito, tales como: química forense durante la investigación de
delitos violentos; forense y orológico; ciencia del suelo; exámenes genéticos
moleculares y de otro tipo, según el tipo de delito, la situación investigada
y los objetos físicos disponibles. Se concluyó que los fundamentos teóricos
y metodológicos de dichos exámenes deben actualizarse y adaptarse a la
última tecnología y la mejor experiencia mundial más avanzada.
Palabras clave: delitos violentos; investigación preliminar;
conocimientos especiales; investigador perito; examen
médico forense.
Introduction
Practically every case of investigation of criminal oenses takes place
with the use of special knowledge, that is, with the participation of specialists
or forensic experts. This is primarily due to the fact that the investigation
of criminal oenses is professionally carried out by specialists in the eld of
jurisprudence, criminology and other elds of scientic knowledge, beyond
the boundaries of whose professional knowledge and skills lies much of the
potential of science, technology, crafts, art, as it should be does not possess.
243
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 241-258
The need to engage non-legal specialists arises when one’s own
capabilities and knowledge, available methods and technical means of
knowing the subject of such activity, skills in using such tools and methods
are insucient for eective collection, analysis, evaluation and use of
information, establishing specic facts, detection of hidden connections,
properties, features of the studied objects, performance of other tasks.
Therefore, in all necessary cases, the authorized subjects of proof must
resort to the help of specialists when solving issues that belong to their
competence.
The criminal procedural law ambiguously resolves the issue of the
possibility of using special knowledge during various investigative (search)
and procedural actions. In some cases, the use of such knowledge is
mandatory, in others it is optional (Part 2 of Article 242 of the Criminal
Procedure Code of Ukraine) (Criminal Procedural Code of Ukraine, 2012).
Specialists in a certain eld and eld provide assistance to pretrial
investigation bodies in the form of consultations, advice, recommendations,
transfer of background information, participation in the preparation and
conduct of investigative (search), covert investigative (search) actions, by
conducting laboratory tests, surveying enterprises, areas of the territory
and other activities.
Many forensic scientists and proceduralists draw attention to the
underestimation of the possibilities of using the results of involving
specialists in the conduct of investigative (search) actions, to the conduct
of forensic examinations in the process of proof, to the imperfection of
legal regulations and the organization of their use for this purpose, to the
shortcomings of scientic and methodological provision of this activity.
At the same time, it is generally recognized that forensic examinations
are one of the integral elements of the system of actions for gathering
evidence, identifying and overcoming opposition to the investigation,
allowing to obtain objective and convincing investigative and evidentiary
information.
At the same time, conducting forensic examinations is of key, and often
decisive, importance during the investigation of any criminal oense. It
is dicult to overestimate the importance of using this form of special
knowledge to establish the circumstances of a crime involving the use
of violence, the quick and objective investigation of which is impossible
without the appointment and conduct of forensic examinations.
As evidenced by the results of the study of the practice of the application
of special knowledge, the possibilities of modern achievements of science
and technology in the investigation of crimes and in overcoming opposition
to the investigation are currently not fully realized in practical activities
for various reasons. This was also pointed out by 78% of the interviewed
investigators and experts.
244
Volodymyr Bondar, Kira Gorelkina, Liudmyla Kryvda, Olena Nazaruk y Tetiana Matiushkova
The use of special knowledge in the investigation of violent crimes
So, in the conditions of new and particularly dangerous forms of criminal
activity, on the one hand, and the reform of law enforcement bodies, criminal
justice bodies, adaptation of Ukrainian legislation to the European one - on
the other, the issue of analyzing the theoretical background and studying
forensic expert practice with the aim of delineating problematic issues that
exist in the eld of expert support for the investigation of violent crimes, on
the basis of this - the development of ways to solve these problems.
1. Methodology of the study
The methodological basis of the research is the dialectical method
of knowing reality. To study the scientic views and approaches of
scientists and practitioners, such methods as analysis, synthesis, analogy,
comparison, statistical method were used, which made it possible to obtain
new knowledge about the object and subject of research.
The statistical method was used to collect and analyze data on the results
of activities of pre-trial investigation bodies in criminal proceedings on
violent crimes, in particular those that contained information on opposition
to the investigation; dogmatic method - when interpreting categories and
denitions, clarifying the conceptual and categorical research apparatus;
modeling – when developing forensic recommendations on the use of
special knowledge in the investigation of violent crimes; sociological - to
study the views of investigators and experts on the problem of appointing
and conducting forensic examinations in criminal proceedings.
The complex application of the specied scientic methods made it
possible to identify problems in the application of special knowledge in
the investigation of violent criminal oenses and the use of the results of
forensic examinations for the purpose of clarifying the circumstances of
the criminal oense and overcoming opposition to the investigation of such
crimes.
2. Analysis of recent research
In forensic science, the theory and practice of using special knowledge
in the investigation of violent crimes and in overcoming opposition to
the investigation has been studied by a signicant number of scientists.
However, modern research methods and scientic and technical means
of obtaining evidence in criminal proceedings, as well as overcoming
opposition to the investigation of violent crimes, were not always fully
taken into account in scientic works.
245
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 241-258
It should also be noted that specialists in the eld of criminal procedure
and criminology, paying some attention to the procedure of using special
knowledge in the investigation of crimes committed with the use of violence,
in accordance with the content of the subject of their science, do not pay
enough attention to the issue of the tactics of using expertise in modern
conditions.
Currently, the issue of eective investigation of crimes using an
interdisciplinary and integrative approach is especially relevant, since crime
can adapt to various ways of concealing crimes, improve the means of their
commission with the help of modern knowledge. The specied circumstances
lead to the need to use, along with professional legal knowledge, the use
of special knowledge in various elds of science, technology, art, crafts
(medicine, auto engineering, economics, etc.) (Kryvda and Kryvda, 2021).
Thus, the research topic is relevant for the development and improvement
of forensic science and the practice of investigating crimes committed with
the use of violence.
The purpose of the scientic article is to develop a system of theoretical
provisions and scientic and practical recommendations for using the
capabilities of forensic examinations in the investigation of violent criminal
oenses, as well as for overcoming resistance to such an investigation.
3. Results and discussion
Correct understanding of the concept of special knowledge in the
criminal process is an important condition for their use in various forms by
participants in criminal proceedings when investigating criminal oenses
with the requirements of the law.
According to modern legal doctrine, special knowledge is non-common
knowledge that is not widely distributed and is possessed by a limited circle
of specialists (expert is a general term for a person who possesses special
knowledge), so the use of special knowledge in pre-trial investigation is
based, rst of all, on the involvement of to the process of investigation
of a specialist and an expert, that is, persons who possess such special
knowledge and skills (Hora, 2013).
Special knowledge is an element that determines the procedural and
legal status of participants in criminal procedural activities. They inuence
the formation of their rights and obligations, the system of guarantees,
conditions and procedure of activity in the process of investigating criminal
oenses, determine the characteristic procedural signicance of the results
achieved during such activity (Lazebny, 2016).
246
Volodymyr Bondar, Kira Gorelkina, Liudmyla Kryvda, Olena Nazaruk y Tetiana Matiushkova
The use of special knowledge in the investigation of violent crimes
Without going into polemics regarding the forms of procedural
application of special knowledge, we note that for half a century, the
dominant opinion has been accepted by modern scientists and practitioners
with minor changes and minor additions. We consider important the
provision according to which special knowledge and scientic and technical
means are used in court proceedings by directly authorized subjects of
evidence, specialists, ocially appointed experts (court experts) (Shepitko,
2001).
One of the procedural forms of using special knowledge is the specialist’s
participation in investigative and judicial actions. Based on criminal
procedural norms, he is almost unanimously considered to be a person who
possesses knowledge and skills and is engaged by an operational unit, an
investigator, a prosecutor, or a court to assist in identifying, securing, and
removing evidence (Ishchenko, 1990).
We will focus on the content of the activities of knowledgeable persons
who are involved in criminal proceedings as an expert in the investigation of
violent crimes. The activity of an expert diers signicantly from the activity
of a specialist in that the expert is a special procedural gure, and the task
of the expert examination is the analysis of certain data in order to establish
new facts that are important for the pre-trial investigation. In addition, the
expert’s opinion has probative value (Kravchenko et al., 2022).
Violent crime against life and health is a set of deliberate attacks aimed
at interfering with the physical and mental integrity of the victim of the
crime with the aim of causing death or bodily injury.
First of all, we note that the range of violent crimes against the life and
health of a person is diverse and wide. They are provided for in Chapter II
of the Special Part of the Criminal Code of Ukraine.
These include: premeditated murder; deliberate murder, committed
in a state of strong emotional excitement; deliberate killing by the mother
of her newborn child; intentional homicide in case of exceeding the limits
of necessary defense or in case of exceeding the measures necessary to
apprehend the criminal; manslaughter due to negligence; leading to
suicide; intentional grievous bodily harm; intentional bodily injury of
moderate severity; intentional grievous bodily harm, caused in a state of
strong emotional excitement; intentional iniction of grievous bodily harm
in the event of exceeding the limits of necessary defense or in the event of
exceeding the measures necessary to apprehend the criminal; intentional
slight bodily injury; beatings and beatings; torture; negligent serious or
moderate bodily injury; threats to kill and others (Criminal Code of Ukraine,
2001).
The Law of Ukraine “On Forensic Expertise” denes the concept of
forensic expertise as follows (Article 1) (On Forensic Expertise, 1994).
247
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 241-258
Forensic examination is a study by an expert based on special knowledge of
material objects, phenomena and processes that contain information about
the circumstances of a case that is being processed by pre-trial investigation
bodies or a court (Markus, 2007).
Such actions are aimed at clarifying the circumstances that are important
for criminal proceedings, which are reected in the opinion of an expert,
at the request of a party to criminal proceedings or at the request of an
investigating judge or court (Nikitina-Dudikova, 2022).
First of all, we note that forensic examinations during the investigation
of crimes committed with the use of violence can be appointed both at
the initial and subsequent stages of the investigation. At the same time,
one should not forget about determining the terms of conducting forensic
examinations.
According to I.V. Pie, they depend on the following factors: the
complexity of the study; workload of experts; availability of necessary
equipment; the number and quality of objects, materials provided for
research and questions posed for resolution; the average time spent on
conducting research, the degree of development of the methodology for
conducting this type of examinations (Pyrig, 2011).
A special place among forensic examinations during the investigation
of crimes committed with the use of violence is held by the forensic
medical examination, which is carried out in the vast majority (92%) of the
mentioned criminal proceedings.
In criminal proceedings, forensic and medical knowledge can be applied
separately. Thus, during the investigation of crimes, knowledge from such
medical sciences as pathological anatomy (when examining a corpse),
pathological physiology, traumatology (for gunshot injuries, various
types of burns, etc.), dentistry, genetics, toxicology, forensic psychiatry,
ophthalmology (for pretended diseases), obstetrics and gynecology, urology
(when determining sexual states) (Avdeev, 1959). Also, forensic and medical
knowledge can also be used in conjunction. On the border of this scientic
knowledge, medical forensics, medical traceology arose, medical forensic
examinations and medical forensic identication are carried out.
Forensic medical examination, as one of the types of forensic
examination, is research based on special medical and biological knowledge
of objects, phenomena and processes with the aim of providing a conclusion
on issues that are or will be the subject of judicial proceedings and is an
indirect means of proof.
The competence of the forensic medical examination includes (clause
1.4. Instructions): examination of corpses in cases of violent death;
examination of corpses in case of suspicion of the use of violence or due
248
Volodymyr Bondar, Kira Gorelkina, Liudmyla Kryvda, Olena Nazaruk y Tetiana Matiushkova
The use of special knowledge in the investigation of violent crimes
to other circumstances that determine the need for such an examination;
examination of victims, accused persons and other persons; examination of
physical evidence; examination of the materials of criminal and civil cases
(On The Development And Improvement Of The Forensic Medical Service
Of Ukraine, 1995).
Cases of mandatory forensic medical examination are regulated by
Article 242 of the Criminal Procedure Code. This is the need to establish
the causes of death; determination of severity and nature of bodily injuries;
establishing the age of a person, if it is necessary to resolve the issue of the
possibility of bringing him to criminal responsibility, and it is impossible
to obtain this information in any other way (Criminal Procedure Code of
Ukraine, 2012).
Thus, during the investigation of criminal oenses committed with the
use of violence, the forensic medical examination can solve a wide range of
issues, in particular, the nature and degree of severity of bodily injuries, the
age and mechanism of injuries, the type and type of weapons used to inict
them, etc.
The object for which this examination will be conducted is also of great
importance. In practice, in most cases (94%) this examination is conducted
only in relation to the person of the victim. We believe that when such
crimes are committed, it is necessary to conduct an examination of both
parties at once, because it is not clear what status they will have at the end
of the investigation, and the moment of conducting a forensic medical
examination may be missed.
The term “forensic medical examination of living persons” (victims,
suspects) means a specic scientic and practical study, which is carried out
in accordance with current legislation to solve specic medical problems
that arise during the investigation of a specic crime (Goncharenko, 2010).
For example, the appointment and conduct of forensic medical
examinations during the investigation of bodily injuries is mandatory in
order to establish their nature and degree of severity in the victim, as well
as the suspect, if he has injuries that occurred as a result of the actions of
the victim.
The expert’s opinion is based on objective data obtained as a result
of studying the circumstances of the proceedings, medical documents,
interviewing and examining the victim, and conducting special research. In
exceptional cases, when the forensic medical expert is not able to conduct an
examination of the victim, but he has all the necessary medical documents
for conducting a forensic medical examination on the state and nature of
the iniction of bodily injuries, the examination is permissible without the
presence of the victim.
249
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 241-258
Also, the expert has the right to apply to the subject of the appointment
of the expertise to provide him with the documents necessary for conducting
the specied investigative (search) action.
During the resolution of disputed questions about the degree of severity
of bodily injuries, the mechanism and method of causing bodily injuries, it
is recommended to appoint a commission forensic medical examination. In
such cases, forensic medical experts are provided with criminal proceedings
materials related to the issues to be resolved.
In cases of bodily injury at the scene or on the instruments of the crime,
on the body of the criminal or on his clothes, surrounding objects, various
traces of biological origin can be detected, such as blood, saliva, hair, parts
of epithelial or other body tissues and other biological secretions of a person.
therefore, there is a need to appoint a forensic biological examination.
The obtained conclusions of the forensic biological examination can be
quite signicant when solving a crime and proving the suspect’s guilt, since
the detection of biological traces of the suspect at the scene of the crime or
on the victim convincingly indicates the involvement of a specic person in
the commission of the crime.
Forensic biological examination of material evidence should be
prescribed to establish the type of substance under investigation, group
and typical signs of blood, hair, saliva, semen, urine and other objects. The
study of criminal proceedings initiated for the commission of the examined
category of crimes established that this type of examination is used in 8%
of cases.
We consider such a small number of these examinations to be
incomprehensible, because in most cases there is physical contact of
the attacker with the object of the crime or the victim, instead, with the
help of forensic biological examination, many controversial issues can be
resolved during the investigation. We believe that such a low level of their
implementation is explained by the specics of identifying, extracting and
xing physical evidence of the specied category.
During the investigation of violent crimes, in cases of a large amount of
blood traces, the investigator should order complex forensic examinations,
such as forensic biological and forensic examinations, complex medical and
forensic examination of blood traces.
The specied examinations are conducted jointly by forensic experts and
forensic doctors during the investigation of the instrument of the crime,
the marks on them, the nature of the injuries on the victim’s body and the
circumstances of their occurrence.
Forensic examinations, in particular, traceological, dactyloscopic,
ballistic, cold weapon examination, and others, are of great importance
during the investigation of crimes of this category of criminal proceedings.
250
Volodymyr Bondar, Kira Gorelkina, Liudmyla Kryvda, Olena Nazaruk y Tetiana Matiushkova
The use of special knowledge in the investigation of violent crimes
According to the results of the examination of criminal proceedings, it
was established that in 27% of cases of investigation of violent crimes, it
was necessary to appoint a forensic psychiatric and forensic psychological
examination.
A forensic psychiatric examination is prescribed in the case when
there are doubts about the mental health of the suspect, caused by his
inappropriate behavior, sudden aggression, a signicant amount of
physical damage inicted on the victim, the presence of information
about deviations in behavior, received from acquaintances or as a result of
personal communication with the investigator . This examination is also
prescribed for the victim in the event that the physical injuries inicted on
the person caused mental illness (Chronous, 2017).
During pre-trial debrieng, a forensic psychiatric examination is
prescribed to determine the mental state of the suspect in the presence of
data that raises doubts about his sanity. The mental state of a person, which
is noted in the special literature, aects a whole complex of criminal-legal
and procedural manifestations of the subject: the very fact of the crime, its
nature, the circumstances of its commission.
Sobriety, as well as guilt and responsibility, is a central methodological
category of law both from the point of view of its fundamental theoretical
solution and from the point of view of practical value and applied
signicance for the observance of human rights and freedoms (Mikheev,
1998). The study of criminal proceedings on violent crimes established that
the specied examination took place in 14% of cases.
If it is necessary to study the condition of the suspect (accused), which
aects his consciousness and actions, and the moment of the commission
of the crime, to nd out various properties of the mental state or other
individual psychological characteristics of the victim, suspect or witness
during the pre-trial investigation, a judicial psychological examination.
The task of nding out whether a person has signs of mental retardation
that are not related to a mental illness, and if so, how they manifest
themselves; whether the person has signs of mental retardation or other
mental characteristics caused by acquired somatic diseases; whether the
person has properties, the presence of which could make it impossible or
possible not to fully control his actions; could a person on the eve of crimes
against public order and at their beginning have conict experiences that
aected his behavior and other things.
The subject of a complex forensic psychological and psychiatric
examination is to establish the inuence of the features of the mental state
of a person on the quality of reection and regulation of the sub-expert at
the moment of interest to the investigator (court).
251
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 241-258
This type of examination can be prescribed on the basis of data on the
person’s: brain injuries, mental retardation, low intellectual development,
personality disorders with a tendency to fantasize and suggestion, which
causes the investigation and the court doubts about their ability to correctly
perceive the circumstances that have signicance for criminal proceedings,
and to give correct testimony regarding these circumstances.
During a comprehensive examination - an expert psychiatrist establishes
the presence or absence of neuropsychological disorders in the examined
person, - an expert psychologist establishes - the ability of a person with
the specied types of pathology to correctly perceive the circumstances
that are important for criminal proceedings, and to give correct testimony
about them , as well as correctly understand the nature and signicance of
committing criminal acts against her.
In view of the above, the tasks of a complex forensic psychological and
psychiatric examination include the establishment of two main groups of
circumstances that are of interest to investigators and judicial authorities:
the nature of the mental state and the assessment of its inuence on the
behavior of suspects (accused), victims and witnesses.
According to the study of criminal proceedings, 44% of violent crimes
were committed while intoxicated. That is why, as O. Ovcharenko aptly
notes, forensic drug examinations are conducted in criminal proceedings
of the specied category (Ovcharenko, 2007). In order to appoint such an
examination, it is not necessary that the person was detained in a state of
alcohol intoxication and that he was examined for the presence of a state of
alcohol or drug intoxication.
Traceological examination solves diagnostic or identication tasks that
arise in the process of investigating violent crimes. It is carried out with
the aim of identifying the identity of the suspect (accused) by traces of
hands, feet (shoes), as well as various instruments of crime used by him,
by their traces. Individual criminals do not worry about the destruction
of ngerprints at the scene, so positive results are given by dactyloscopic
examination.
During trasological studies of human shoe traces, experts solve the
questions about the size, type, species and purpose of the shoes that left a
mark, about the mechanism of formation of shoe marks, establish individual
physical defects of the person who left the mark, gait characteristics, his
height and weight. In the presence of samples for a comparative study, the
identication question about the person who left traces can be solved.
During the investigation of the method and instrument of violence (for
example, causing bodily harm), traceological studies, which resolve the
issue of the mechanism of formation of traces and the group aliation of
the instrument of crime, as well as ballistic examination and cold weapon
252
Volodymyr Bondar, Kira Gorelkina, Liudmyla Kryvda, Olena Nazaruk y Tetiana Matiushkova
The use of special knowledge in the investigation of violent crimes
examination, may be prescribed. Modern capabilities of these examinations
allow solving fundamentally new tasks, but the order of appointment and
the list of typical questions do not have signicant features.
Taking into account the investigative situation, the mechanism of the
use of violence, the available evidence and the testimony of the victim,
witnesses, suspect, the investigator during the appointment of such
examinations must: nd out the issue of the victim’s self-inicted injury
with this rearm (cold weapon); establish the relative location of the victim
and the weapon at the time of the shot (injury); to nd out the distance of
the shot and the marks on the clothes as a result of a shot from close range,
etc.
The forensic examination of cold weapons in the investigation of crimes
in Ilnitsa solves the following questions: is the object taken from the suspect
a cold weapon; to which type of cold weapon does the knife belong; in what
way (factory or home-made) the knife (dagger, palm knife, nunchucks,
brass knuckles, mace) seized from the suspect was made; whether the item
seized from this person is a blank for a cold weapon; whether the object
submitted for research was made from a certain type of sports or combat
weapon; was the knife seized from the suspect recyclable; whether these
tools were used to make cold weapons.
Traces of the action of cold weapons on the human body and clothing
are examined by a forensic medical examination, traces of its action on
other objects are examined by a traceological examination using methods of
object identication based on static (pressing, blows) and dynamic (sliding)
traces.
Forensic ballistics examination is prescribed in the investigation of
violent crimes in which rearms were used. When investigating violent
crimes, as noted by K.D. Paul, the study of rearms should always be given
special attention (Phol, 1985), because the study of weapons, the traces
left after their use, contains data that are needed for the reconstruction of
the mechanism of the criminal act, information about the identity of the
criminal, etc.
This examination is carried out during the investigation of violent crimes
also in those cases when it is necessary to nd out whether the object seized
from the suspect is a weapon; whether the victim was injured by this object.
It is appropriate to emphasize that when a weapon is discovered and
before conducting an examination, it must be examined in detail in order to
nd traces that can themselves be objects of research (ngerprints, blood,
hair, etc.) (Mikheev, 1998). After all, as noted above, traces of blood and hair
can be the object of forensic biological examination of physical evidence.
253
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 241-258
Explosives examination in the investigation of violent crimes can
decide: whether the detected substance is explosive, in what way it was
manufactured or homemade, and from what components it is made; what
is the origin of the investigated explosive device; adequacy of conditions for
storage and transportation of explosive substances or explosive devices, etc.
In addition to ballistics and explosives examinations, other forensic
examinations (handwriting, technical examination of documents,
traceological examination), examination of materials and substances can
be carried out in such proceedings.
The need to conduct a dactyloscopic examination arises in the case of
nding handprints at the scene of the incident and solving identication
tasks that arise when nding out the fact of the presence of a certain
person at the scene of the incident, the mechanism of causing bodily
injuries, checking the testimony of the victim, the suspect regarding the
circumstances of causing bodily injuries.
For dactyloscopic research, experts are provided with handprints found
at the scene, crime tools and other objects that may contain handprints,
dactyloscopic maps for comparative research.
We consider it expedient to dwell separately on forensic examinations,
which are less often prescribed in the investigation of violent crimes. Thus,
during the appointment of a forensic examination of materials, substances
and products, the investigator can establish the general generic or group
aliation of the presented objects.
Given that in the process of using violence, there is often a mutual
transfer of microparticles and bers from one contacting surface to another
during a ght, damage to clothing, resistance by the victim, etc., and as a
result of this research, we have the opportunity to establish the fact of the
presence of a person at the scene of the crime, establish his involvement to
the instrument of the crime and the victim, establishing the instrument of
inicting bodily harm.
Similar information can be established with the help of a forensic soil
science examination in the presence of traces of soil on clothes or other
objects. The main tasks of experts during a soil science examination are
to identify microlayers (particles) of soil origin on carrier objects, to
determine their nature, to establish a common generic (group) aliation
with the provided samples, to establish the origin of soil on carrier objects
from a certain area of the area (another place events), as well as establishing
the mechanism of formation of soil layers (Peculiarities of soil science
examination, 2017).
The improvement and development of the capabilities of forensic
examinations provides the possibility of identifying a person by his
254
Volodymyr Bondar, Kira Gorelkina, Liudmyla Kryvda, Olena Nazaruk y Tetiana Matiushkova
The use of special knowledge in the investigation of violent crimes
biological traces. Odorological examination examines traces of human
odor, the importance of which is similar to the importance of handprint
research in solving violent crimes.
The advantage of scent trails is that it is dicult for a person to control
or destroy trails with their scent, since it is not perceived by a person
organoleptically. Conducting an odorological examination allows you
to establish the presence or absence of odor traces on an object, which
provides an opportunity to nd out the situation at the scene of the incident,
to check the versions in relation to specic persons and their actions, the
circumstances of the event and its individual episodes, to identify objects
that may have odor traces on them person, to establish the individual smell
of a person, on objects thrown away by him at the time of detention, to
identify the locations of participants in the event, to establish their number
and roles, to check suspects for involvement in the commission of a crime
(Alekseev et al., 2014).
It is worth paying attention to the regulation of forensic molecular genetic
examination. In particular, it is advisable to prescribe the study of biological
material using the capabilities of forensic genotyscopic examination in the
following cases: the need to establish whether blood, saliva, semen, hair,
organs, tissues or individual parts of the body belong to a specic person
or exclude such belonging; establishing the gender of biological traces and
objects; diagnostic typing for the purpose of subsequent identication
with objects of crimes or accidents; investigation of the facts of infanticide,
including that of a newborn child.
Establishing whether the remains or parts of a corpse are the remains of
a certain person based on the study of biological samples of close relatives;
detection of a connection between dierent crimes, if traces of biological
material found at the scene of dierent crimes were left by the same
person; comparison of the genetic prole of a biological object submitted
for research with genetic data in a computer database for the organization
of a search for a specic person, etc.
Forensic chemical examination is prescribed if there is a need to
investigate the composition of a substance used by a criminal to commit a
criminal oense with the help of powders, paints, acids.
We share the position of individual criminologists that when
investigating violent crimes, in particular enforced disappearances (in
addition to dactyloscopic examination), it is advisable to more actively use
genetic identication examinations, the main task of which is to identify a
specic person on the basis of genetic information contained in biological
particles - pieces of skin, as well as in uids – saliva, blood, sweat, and
examination of telecommunication systems and means, which is connected
with the need to study the information contained in the memory of mobile
255
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 241-258
phones, smartphones, in particular the SIM card (of the victim or suspect)
(Sokyran and Voitovych, 2021).
The eectiveness of the disclosure and investigation of serial sexual-
sadistic murders is related to the possibility of resorting to genotypic
(genomic) studies and the involvement of relevant experts. In criminology
and forensics, especially recently, attention is focused on the problems of
forensic genetic identication, DNA (deoxyribonucleic acid) analysis, DNA
identication (Kupiansky, 2016).
DNA research makes it possible to create a reliable evidence base
in the investigation of violent crimes, overcoming opposition to their
investigation. The method of DNA analysis allows identication of the
subject at the level of individual-specic identity, rather than group
equipment. Further improvement of genotyposcopic examination is also
related to the development of the DNA analysis method for diagnosing the
properties and conditions of a person based on his traces.
The DNA analysis method is eective and allows to identify a person in
the shortest possible time, as well as with high accuracy, which contributes
not only to shortening the time of conducting expert research, but also to
establishing the identity of the criminal himself.
Phonoscopic examination is prescribed for the performance of diagnostic
and identication tasks from the studied category of criminal proceedings.
Before the phonoscopic examination, the following diagnostic questions
may be asked: how many people participated in the conversation recorded
on the investigated phonogram; what is the literal meaning of the text; what
is the content of the illegible record on the presented phonogram; what was
the surrounding environment at the time of recording the phonogram, etc.
It is important to emphasize that in order to identify a person, the expert,
in addition to the phonorecord carrier, must be provided with carriers
with samples for examination. These materials should contain words and
phrases that reveal peculiarities or pathologies of the language, other
deviations from the generally accepted norms of the literary language.
Also, information about the successful use of so-called non-traditional
special knowledge and means of cognition, belonging to the eld of genotyping,
hypnology, psychophysiology, is increasingly common in forensic literature.
Along with them, there is a searching «psychophysiological portrait» of the
alleged criminal, forensic polygraphology, forensic hypnology, forensic
drug psychotherapy, forensic odorology and others.
The given list of examinations during the investigation of crimes
committed with the use of violence is not exhaustive. Their choice depends
on the specic criminal oense, the investigative situation and the inner
conviction of the investigator conducting the pre-trial investigation.
256
Volodymyr Bondar, Kira Gorelkina, Liudmyla Kryvda, Olena Nazaruk y Tetiana Matiushkova
The use of special knowledge in the investigation of violent crimes
Conclusions
The problems considered and analyzed in the scientic article made it
possible to formulate appropriate conclusions and determine the prospects
for the use of special knowledge in the form of conducting an examination
in the investigation of crimes committed with the use of violence.
Special knowledge, which is used during the investigation of crimes
committed with the use of violence, contains relevant information about
forensic means and methods of establishing, preserving, extracting and
researching physical traces of the specied crimes and other physical
evidence, which are used during expert, investigative or judicial activities,
recorded on various carriers of this information.
Special knowledge during the investigation of violent criminal oenses
is used in both procedural and non-procedural forms. We considered the
use of special knowledge in a procedural form - within the framework of
forensic examinations. The most typical forensic examinations during the
investigation of crimes include: forensic medical examination, forensic
biological examination, dactyloscopic examination, forensic traceological
examination of footprints, forensic ballistic examination, cold weapon
examination, forensic psychiatric examination. The theoretical and
methodical foundations of such examinations need to be updated and
adapted to the latest technology and best global experience.
During the pre-trial investigation of criminal oenses committed
with the use of violence, the following may also be prescribed: forensic-
chemical examination, forensic-odorological, soil science, molecular-
genetic and other types of examinations, depending on the type of crime,
the investigative situation and the available physical objects. Insucient
use of the possibilities of these examinations was found, which is explained
primarily by an underestimation of their role and importance and
insucient awareness of the employees of investigative bodies with the
achievements of expert practice.
A thorough analysis of the materials of criminal proceedings, interviews
of investigators and experts, as well as the study of special literary sources
in the aspect of the research topic, made it possible to identify the following
problems in the theory and practice of the appointment, conduct and use
of examinations: insucient knowledge of authorized subjects of criminal
proceedings, means and methods of detection and overcoming opposition
to the investigation with the help of examinations; a clear insuciency
of available methodological and general theoretical literature on these
problems.
257
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 241-258
Bibliographic References
ALEKSEEV, Oleksandr; VESELSKY, Viktor; PYASKOVSKY, Vadim. 2014.
Investigation of certain types of crimes: a study guide. 2nd edition,
revised and augmented. Kyiv, Ukraine.
AVDEEV, Mikhail. 1959. Course of forensic medicine. Gosyurizdat. Moscow,
Russia.
CHRONOUS, Yulia. 2017. Forensic support for the investigation of crimes: a
monograph. Nilan-LTD. Vinnytsia, Ukrania.
CRIMINAL CODE OF UKRAINE. 2001. No. 2341-ІІІ-ВР. Database “Legislation
of Ukraine” / Verkhovna Rada of Ukraine. Available online. In: https://
https://zakon5.rada.gov.ua/laws/show/2341-14. Consultation date:
23/09/2022.
CRIMINAL PROCEDURE CODE OF UKRAINE. 2012. Verkhovna Rada
of Ukraine. Available online. In: https://zakon3.rada.gov.ua/laws/
show/4651-17. Consultation date: 23/09/2022.
GONCHARENKO, Vladlen. 2010. Expertise in judicial practice: scientic and
practical guide, 2nd edition, revised and supplemented. Yurynkom Inter.
Kyiv, Ukraine.
HORA, Iryna. 2013. “Problems of using special knowledge in criminal justice of
Ukraine” In: Legal journal of the National Academy of Internal Aairs.
No. 1, pp. 209–214.
ISHCHENKO, Petr. 1990. Specialist in investigative actions (criminal procaesal
and forensic aspects). Yuridicheskaya literatura. Moscow, Russia.
KRAVCHENKO, Oleksandr; ZHEREBKO, Oleksandr; ZAVERYKO, Ruslana;
VELMOZHNA-SYDOROVA, Antonina; CHASHNYTSKA, Tetiana.
2022. “Eectiveness of legislation and implementation of the rule of law”
In: Cuestiones Politicas. Vol. 40, No. 72, pp. 69-88.
KRYVDA, Liudmyla; KRYVDA, Ruslan. 2021. “Genesis of forensic knowledge
and directions of their use in investigation of violent crimes and crimes
with gainful intent” In: Legal Bulletin. No. 2, pp. 133-145.
KUPIANSKY, Mykola. 2016. “Challenges in the use of specialized knowledge
in the investigation of serial sexual-sadistic murders” In: Bulletin of the
National Academy of Legal Sciences of Ukraine. Vol. 84, No. 1, pp. 118-
127.
258
Volodymyr Bondar, Kira Gorelkina, Liudmyla Kryvda, Olena Nazaruk y Tetiana Matiushkova
The use of special knowledge in the investigation of violent crimes
LAZEBNY, Anatolii. 2016. “The role of special knowledge in the criminal justice
system of Ukraine” In: International legal bulletin: collection of scientic
works of the National University of the State Tax Service of Ukraine. No.
2, pp. 23-29.
MARKUS, Viktor. 2007. Forensics: education. manual Kyiv: Condor. Kyiv,
Ukraine.
MIKHEEV, Roman. 1998. Criminal law and psychiatry. Far Eastern University
Publishing House. Vladivostok, Russia.
NIKITINA-DUDIKOVA, Ganna. 2022. “Using special knowledge in the
investigation of criminal oenses against sexual freedom and sexual
integrity of children” In: Law and society. No. 3, pp. 219 225.
ON FORENSIC EXPERTISE. 1994. No. 4038-XII. Available online. In: https://
zakon2.rada.gov.ua/laws/show/ru/4038-12/ed20170803. Consultation
date: 23/09/2022.
ON THE DEVELOPMENT AND IMPROVEMENT OF THE FORENSIC
MEDICAL SERVICE OF UKRAINE. 1995. Order No. 6 registered by the
Ministry of Justice of Ukraine on 26.07.1995 under No. 248/784 (with
amendments).
OVCHARENKO, Elena. 2006. Evidence in criminal cases of hooliganism (pre-
trial proceedings): Scientic and practical. Allowance M. 128 p. Kiev,
Ukraine.
PECULIARITIES OF SOIL SCIENCE EXAMINATION. 2017. Available online.
In: https://kndise.gov.ua/osoblyvosti-provedennya-gruntoznavchoyi-
ekspertyzy/. Consultation date: 23/09/2022.
PHOL, Klaus Dieter. 1985. Natural-scientic criminology: The experience of
using scientic and technical tools in the investigation of certain types
of crimes. Translation from German. Legal literature. Moskow, Russia.
PYRIG, Ihor. 2011. Theoretical foundations of expert activity of internal aairs
bodies: Monograph. Dnipropetrovsk, Ukraine.
SHEPITKO, Valery. 2001. Investigator’s Handbook. In-Yure. Kyiv, Ukraine.
SOKYRAN, Fedir; VOITOVYCH, Yevhen. 2021. “Use of special knowledge in
the investigation of enforced disappearances” In: Entrepreneurship,
economy and law. No. 2, pp. 285-290.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en enero de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 76
