scholarly journals Case of victim torture in forensic expert practice

2021 ◽  
pp. 96-104
Author(s):  
Ihor Ustinchenko ◽  
Volodymyr Mishalov ◽  
Valerii Voichenko
Keyword(s):  
Law Enforcement ◽  
Medical Examination ◽  
Law Enforcement Agencies ◽  
Statistical Research ◽  
Physical Evidence ◽  
Bodily Injury ◽  
Istanbul Protocol ◽  
Violent Acts ◽  
Degrading Treatment ◽  
Forensic Expert

The article contains a case of causing violent acts, namely torture, which corresponds to the section «Physical evidence of torture» of the «Istanbul Protocol». The morphological manifestations of bodily injuries are given, which are sufficiently informative for their further assessment by law enforcement agencies as manifestations of torture and torture and other cruel, inhuman or degrading treatment. Aim of the work. Forensic medical characteristics of morphological manifestations of bodily injury as manifestations of torture and torture and other cruel, inhuman or degrading treatment. Material and methods. The material of the research was the archival data of the Luhansk Regional Bureau of Forensic Medical Examination. Well-known forensic and statistical research methods were used. Results. During the forensic examination of the corpse of gr. There were at least 100 injuries in the form of numerous bruises, bruises, wounds, a strangulation furrow on the neck, and changes in the anus. Conclusion. Revealed during the forensic medical examination of the corpse of gr. M. at least 100 bodily injuries in the form of numerous abrasions, bruises, wounds, a strangulation groove on the neck and changes in the anus were identified by law enforcement agencies as manifestations of torture and torture and other cruel, inhuman or degrading treatment in accordance with the section «Physical evidence torture» of the «Istanbul Protocol».

scholarly journals IMPORTANCE OF THE FORENSIC MEDICAL DETERMINATION OF THE FORMATION MECHANISM OF BODY INJURIES DURING EXAMINATION OF DETAINED PERSONS

2019 ◽  
Vol 19 (1) ◽  
pp. 464-472
Author(s):  
V. Olkhovskyi ◽  
P. Kaplunovskiy ◽  
M. Gubin ◽  
V. Balanovskyi
Keyword(s):  
Law Enforcement ◽  
Gunshot Wounds ◽  
Clinical Analysis ◽  
Forensic Assessment ◽  
Medical Examination ◽  
Expert Assessment ◽  
Medical Expert ◽  
Law Enforcement Agencies ◽  
Special Means ◽  
Torture Victims

Detainees often complain about the unlawful use of force when special means and methods of detention were used, which they take as beatings and torture. Victims with such injuries commonly become the object of forensic medical examination of alive persons which is carried out during the trial and pre-trial investigation. There is a need to systematize and classify many types of mechanical and other types of injury: specific, typical or atypical for the well-known classical methods of hand-to-hand combat that law enforcement officers use. The purpose of this work was to characterize injuries in victims received during their detention by law enforcement agencies and provide their morphological and clinical analysis in order to identify ways to improve the effectiveness of these injuries’ forensic assessment in the examination of alive persons. Based on a retrospective morphological and clinical analysis of archival materials of the Kharkiv Regional Bureau of Forensic Medical Examination, the frequency and types of injuries, that were detected during the examination, of suspects injured in the course of their arrest by law enforcement agencies were determined. The features of forensic medical expert assessment in determining the mechanism, the severity of injuries associated with the detention of suspects by law enforcement agencies were defined. In the forensic medical expert practice, in the examination of alive persons when determining severity of injuries to suspects detained by law enforcement agencies, slight injuries and, in certain cases, injuries of moderate severity prevailed. The localization and the mechanism of bodily injuries formation in detained victims, in some cases, allows to qualify such injuries as specific for detention by law enforcement agencies. A further prospect of this study is the identification and justification of clear diagnostic indications for the forensic assessment of bodily injuries received by suspects when detained by law enforcement agencies that arise from the action of blunt solid, sharp objects, gunshot wounds.

scholarly journals Current Trends in Training Forensic Experts in Ukraine

2021 ◽  
Vol 1 (19) ◽  
pp. 25-31
Author(s):  
Oleg Kurdes
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
International Cooperation ◽  
Law Enforcement Agencies ◽  
High Quality ◽  
Legal Standards ◽  
Current Trends ◽  
Administrative Legislation ◽  
Forensic Expert

The system of forensic expert training in Ukraine has been considered in detail. Particular attention is devoted to the need to bring the training of state forensic experts and forensic experts who are not employees of state forensic science institution to uniform administrative and legal standards, as well as to existence of outdated norms on training forensic experts, and gaps in legislation that leads to insufficient meeting of the needs of law enforcement agencies and court in objective and high-quality forensic expert conclusions. Analysis of administrative legislation of Ukraine in terms of forensic expert training has allowed to formulate proposals to improve the activity. The focus is the need for further administrative and legal settlement of the issue of international cooperation of state specialised forensic science institution in terms of exchange of trainees with forensic science institutions of other states.

scholarly journals Forensic support of the activities of forensic science institutions and pre-trial investigation and inquiry bodies in counteraction to crime

2021 ◽  
Vol 23 (1) ◽  
pp. 61-74
Author(s):  
O. Yukhno
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Dna Analysis ◽  
Molecular Genetic ◽  
Legal Framework ◽  
Modern State ◽  
Law Enforcement Agencies ◽  
Scientific Paradigm ◽  
Criminal Offenses ◽  
Forensic Expert

 Pressing issues of forensic support of activities of pre-trial investigation and inquiry bodies in countering criminal offenses are outlined. The concept and essence of crime counteraction are considered. The article analyzes the national criminal procedural legislation, departmental regulatory legal framework and their amendments concerning the direction under study, genesis of scientific findings on theoretical and applied issues of forensic support of the activities of pre-trial investigation and inquiry bodies in this direction, as well as the genesis of the concept and essence of forensic science as a science. The modern state of the development of forensic science, current high-priority issues and feasibility of changing the scientific paradigm of forensic science as well as the use of innovations are studied; ways for their improvement are proposed. Theoretical and applied problematic issues of criminalistics are subject to thorough study and resolution. Fundamental changes are required both in criminalistics in general and in particular in its individual areas. The current legislation, law enforcement agencies, forensic science institutions, prosecutors’ bodies and judicial bodies, as well as law enforcement, in which modern advances in science and technology (in particular, computer and telecommunication technologies) are being implemented should be reformed. The article highlights such problematic issues as the improvement of the forensic characteristics of cer-tain types of crimes, forensic techniques combining forensic techniques and tac-tics. The issue of further implementation in law enforcement and forensic expert activities of promising molecular genetic examinations for pre-trial investigation bodies, including the method of DNA analysis is outlined separately and fully. Relying on the results of research, specific author proposals and recommenda-tions are provided on the studied area of activity in general and in individual directions.

scholarly journals A case of torture of a victim in forensic practice

2017 ◽  
pp. 111-114
Author(s):  
Ihor Ustinchenko
Keyword(s):  
Medical Examination ◽  
Forensic Practice ◽  
Istanbul Protocol ◽  
Degrading Treatment

Speaking about violent actions, torture of other cruel, inhuman or degrading treatment and punishment under the Istanbul Protocol, we bring a specific case from the practice of forensic medical examination of the Luhansk regional bureau.

scholarly journals IMPROVEMENT OF FORENSIC AND EXPERT ACTIVITIES OF THE BODIES OF THE SYSTEM OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

2021 ◽  
pp. 138-148
Author(s):  
O. Zherebko
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Research Activities ◽  
Forensic Examination ◽  
Intelligence Operations ◽  
Organizational Work ◽  
Forensic Expert ◽  
Internal Affairs ◽  
And Performance ◽  
Forensic Tools

The article deals with the features of the organizational provisions of forensic and expert activity of the bodies of the system of the Ministry Internal Affairs of Ukraine, the patterns associated with the appointment of a forensic examination, its conduct and the activities of the forensic departments of the bodies of the system the Ministry Internal Affairs. It is also developed recommendations for improving the forensic expert activity. Based on the results of the study, it was concluded that the ways to improve forensic examination should be: – increasing the level of technical and forensic support for the disclosure, investigation and prevention of crimes; – implementation of measures to increase the effectiveness of the participation of employees of expert services in the conduct of investigative actions and law enforcement intelligence operations; – improvement of research activities and the introduction into practice of new technical and forensic tools, forensic expert methods and methodologies; – conducting forensic records, analytical and organizational work based on the introduction of modern automated systems and technologies; – generalization and dissemination of best practices and analysis of expert practice; – improving the selection, training and placement of employees of expert subdivisions, strengthening of service and performance discipline; – intensification of interaction between the expert service of the Ministry of Internal Affairs with other divisions of the bodies of the system of the Ministry Internal Affairs, as well as with other law enforcement agencies, including at the interstate level.

scholarly journals THE DEVELOPMENT OF THE METHODOLOGY «CONDUCTING forensic military examinations EVALUATING THE ACTIONS OF OFFICERS (LEADERS, COMMANDERS, CHIEFS) SUBJECTS OF FIGHT AGAINST TERRORISM IN THE COURSE OF ANTI-TERRORIST OPERATION»

2019 ◽  
pp. 837-843
Author(s):  
A. Vlasiuk
Keyword(s):  
Law Enforcement ◽  
Research Work ◽  
Armed Forces ◽  
Law Enforcement Agencies ◽  
Current State ◽  
Military Research ◽  
Scientific Technical ◽  
The Subject ◽  
Forensic Expert ◽  
Military Units

The article analyzes the current state of the research techniques for evaluating the actions of officials during an antiterrorist operation during a forensic military examination. The structure of the methodology is outlined, the subject-matter, object, subjects and main tasks of the forensic military expertise are determined, the proposed algorithm of actions of the forensic expert during the relevant studies has been developed. The developed methodology covers the study of a causal violation of the current legislation by officials of the Security Service of Ukraine, the Armed Forces of Ukraine, and other military units established in accordance with the law, law enforcement agencies of the security and defense sectors, with the onset of serious consequences – the loss of people, the cause of material damage to legal entities and individuals and so on. According to the results of research work, it will be proposed to include this methodology in the Register of methodologies for conducting forensic expertises and in the List of scientific, technical and reference literature majoring in 16.1 “Military research”. Key words: anti-terrorist operation, methodology, fight against terrorism, judicial military expertise, official.

Sexual assault investigations and the factors that contribute to a suspect's arrest

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
James Markey ◽  
Thomas Scott ◽  
Crystal Daye ◽  
Kevin J. Strom
Keyword(s):  
Law Enforcement ◽  
Sexual Assault ◽  
Design Methodology ◽  
Evidence Base ◽  
Data Abstraction ◽  
Sexual Assaults ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Factors Associated ◽  
Physical Evidence

PurposeSexual assault investigations present uniquely challenging circumstances to detectives, and a small proportion result in arrest. Improving sexual assault investigations requires expanding the evidence base to improve our understanding of how these investigations unfold and the factors associated with positive case outcomes, including the likelihood that an offender is arrested.Design/methodology/approachThe authors abstracted data on 491 adult sexual assaults investigated by five large and midsized law enforcement agencies to describe the characteristics of sexual assault investigations and to explain the relationships between these characteristics and the likelihood that a suspect is arrested.FindingsOverall, detectives move swiftly to investigate sexual assaults but tend to miss investigative opportunities that increase the likelihood of an arrest, like locating and processing the crime scene or pursuing interviews with key witnesses and leads. Sexual assaults typically lack physical evidence that can be used to identify and lead to an arrest of a suspected offender; when this evidence is present, the case is more likely to result in an arrest. Delayed reporting of the crime to law enforcement decreases the likelihood of a suspect being arrested, but the mechanisms are unclear.Originality/valueFew studies have used a detailed data abstraction process for a large sample of cases from multiple law enforcement agencies to understand sexual assault investigations and their case outcomes. The results can improve practitioners' and researchers' understanding of sexual assault investigations, including those factors that increase the likelihood of a suspect's arrest.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

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