Теория и практика судебной экспертизы (Aug 2023)
Situational Expert Studies: Problems of Theory and Practice
Abstract
The issues of combating criminal activity cannot be considered in isolation from the situational approach, which is the most general and universal when assessing various social phenomena. The article argues for the importance of using this approach in forensic examination, since in cases when one is uncertain if the crime has indeed been commited and there is insufficient information obtained by the investigation, only an expert can assist the criminal proceedings. Basing on the analysis of investigative and expert practice, interviews with investigators and experts, the author concludes that at present situational analysis is rarely appointed. However, the author argues that its potential for obtaining essential evidentiary information is significant, as can be seen from the examples of past expert practice. The article also highlights some terminological issues regarding the naming of this expertise: scientists use such terms as “situational”, “situationological”, “crime mechanism analysis”, “crime scene expertise”, but they are not always used as synonyms. From the standpoint of the norms and rules of terminology, the author gives some recommendations for resolving this methodological problem. The article was written applying the fundamental principles of dialectic materialism, as well as general and specific methods of scientific knowledge, including historical and comparative, legal, logical and philosophical, generalizations, descriptions, and others. The scientific and practical significance of this work is determined by the formulated provisions and conclusions, determining the value and role of situational expertise in the practice of solving and investigating crimes. The theoretical significance lies in the development and justification of a number of recommendations regarding the terminology used in situational expert studies.
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