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§ 2. Ideal sources of the information

The form of expression of the information in an ideal source are not so material properties of a thing, and the data proceeding from persons in the form of oral or written messages.

The structure of an ideal source of the information can be expressed the scheme:

From the scheme essential distinction of structure ideal and materiyoalnogo an information source is visible.

This distinction consists that the function of a signayola-data carrier executed in a material source materialyonymi by properties of a thing, in an ideal source passes to a sign.

The sign (letters, figures, words, texts, codes etc.) is a substitute oriyoginala, but conceptual signs are not similar to the original which represent and consequently can be data carriers about it only in that case when signs already have the value i.e. if on their basis ideal images of corresponding objects are already generated for agreeing subjects. TakiYOmi dactyloscopic formulas, etc. MateriYOalnye can be signs, for example, and ideal sources of the information differ from conceptual signs that they are direct "carriers" of the information and sootyovetstvujushchih objects.

Means, the sign is too a substitute of gnoseological character, but it moyozhet to give the information on a subject only when the subject receiving this information, is capable to "decode" it. For example, take from daktiloskopiyocheskoj formulas the information the expert who knows classification rules in dactyloscopy, i.e. dactyloscopic conceptual signs (artificial codes) can only. Out of such subject the sign is only some mayoterialnym a body which co-operates with other material bodies physically, instead of gnoseologicheski.

Systems of signs in criminalistics are rather perspective, as possibility is connected with them to use cybernetics, the mathematical logic, semioyotiku and other developing areas of knowledge.

But the sign differs from other kinds of substitutes, i.e. from sources inyoformatsii (material and ideal) and models. Sources of the information and model are similar to the original, unlike a sign, which in itself does not reflect a subject (original). The sensation of a sign speaks nothing to us about a subject. The sign is a knowledge source not in itself that is why that forms in consciousness of the learning subject images, models which are subject knowledge. Thus, we do not receive the information directly from znayoka (words, figures, the dactyloscopic formula), and from images which are caused pansophy of the person by a sign. Unlike material and ideal sources of the information which are one-stage gnoseological substiyotutami, the conceptual sign is a two-level gnoseological substitute because it should cause at first in consciousness an image-model, and only after that the subject receives the information, knowledge of a subject. Process of "cognizance" of signs has always two steps:

1 - a step of comprehension of sense (formation of an ideal image-model);

2 - a step obektivizatsii (reception of the information on a subject on the basis of the arisen images). In sign process which occurs in consciousness of the subject, there is a mutual relation of three elements: a sign, an image-model and a subject-original as it is presented on the scheme.

• the Sign form, being the form of expression of the information, can be simultaneously and the remedial evidence provided for-game (indications of the witnesses who have sustained, suspected and convicted, zayokljuchenija examinations, reports of investigatory and judicial actions and others doyokumenty).

It is necessary to note also the important distinction of an informative role of a signal and

Sign.

If behind a signal there is a real object of the validity, a sign javljayoetsja derivative of human concepts, images. As signs only usyolovno are connected with designated objects, by them imaginary objects can be designated and nesushchestyovujushchie.

It is clear, that this distinction has basic value for investigation process. Differentiation of material both ideal sources informayotsii and methods of research corresponding to them in some cases causes zayotrudnenie. These difficulties are caused by two circumstances. On the one hand, the form of expression of the information is not always obvious: material or znayokovaja, with another - in the same source various forms of expression of the information are quite often combined: both material and sign.

Has received enough wide circulation reference to number dokumenyotov - pictures of the scene, separate traces

And subjects, and, also sledovyh copies and volume moulds, izgotavlivaeyomyh to it следов1.

It is proved by that the specified sources are prilozheyonijami to the report of that investigatory action in which course they are received and that they, like the report, reproduce "describe" scene conditions. With reference to a photo it was specified, that «svetopisnoe the letter» also represents the related graphic form of reproduction.

1 Vinberg A.I.evidentiary value of pictures and special kinds of copies in the Soviet criminal trial. In kn.: the Soviet criminalistics on consequence service, vyp. VI, 1955. With. 49, 55; Selivanov N.A.judicial a photo. M, gosjurizdat. With. 32, Arsenyev V. D. Concept of documents and their value as proofs in the Soviet criminal trial. - in kn.: Works Irkutsk gos. University, t. XIII, 1955. With. 149-150, Arsen-EV-century D.Voprosy of the general theory of courts of evidence in the Soviet criminal trial. M, the Legal literature, 1964. With. 126.

We believe, that these signs hardly are essential and dostayotochnymi for reference specified oposredstvovannyh information sources to the sign form of reproduction.

Let's consider the specified sources separately. At manufacturing sledovyh copies and volume moulds occurs typical substantsionalnoe vzaimodejyostvie objects: slepochnaja the weight co-operates with a trace material, in rezulyotate that under laws of a natural causal relationship the trace relief is reproduced - the mould is formed. It is available - the typical material form, expressions inyoformatsii. That fact, that a mould "is applied" on the report, does not do it kosyovennym by the proof, in the same way, as familiarising, for example, a knife to business does not transform a crime instrument subject into the message, the document.

There is no sign form and in pictures, izgotavlivaeyomyh by manufacture of investigatory actions. A photo, "svetopis", «fotoyograficheskie documents», - all it no more than figurative expressions. If to address to the form of expression of the information, to its mechanism, we not obnayoruzhim here and traces of any symbols - signs. Formation of the photographic image occurs on the basis of strict unconditional obyoektivnyh laws: the objective builds the image on objective zakoyonam optics, display and image fixing also lean on obektivyonye physical and chemical interactions and законы1. Photographic izobrayozhenie there is a result of action of natural forces and dependences and in this sense is so; an unconditional material signal, as a trace or otobrayozhenie in a mirror. Such display is a data carrier nezavisiyomo from any conditional agreement of people which is characteristic for ispolyozovanija any sign system.

Does not change positions and that fact, that the photo is a method, speyotsialno intended for fixing and accumulation of the information and that this method has passed through consciousness человека2.

1 Ejsman A.A. About concept of a material evidence and its parity with concepts doyokazatelstv other kinds. In kn.: «Questions of the prevention of criminality». The legal literature, vyp. 1, 1965. С.96.

2 poldberg E.Obrazovanie of the photographic image. M, the Spark, 1929 (transfer with neyometskogo).


On the other hand, essential feature of a sign is that it reflects the maintenance of human concepts and images, is derivative of them. The Picture, being result of natural interaction of bodies, reflects not concepts images of the person, and concrete objects being before an objective, their material properties and features. It obstojatelyostvo, by the way, expresses essential distinction of any documentary, including a judicial photo, kal a method of objective reflexion dejstviyotelnosti, from an art photo, as method creative pereosmysyolivanija and figurative reflexion действительности1.

The told is not considered by the authors carrying photographic snimyoki to documents, i.e. the sign form of reproduction. Abnormality klassiyofikatsii can lead and to erroneous practical conclusions in use of the evidentiary information. So reference of pictures to documents leads V.D.Arsenyev to a conclusion, that «primary sources of data, zafiksiyorovannyh on them, the persons who have made such documents are: the photographer, ki-nooperator etc.»/and, 4, with. 117/.

1 Kosolapov V.V. Gnoseologicheskaja the nature of the scientific fact. avtoref. The dissertation kand. filos. Sciences., Kiev, 1963.

2 Arsenyev V. D. Questions of the general theory of courts of evidence in the Soviet criminal trial. M, the Legal literature, 1964. С.117.


According to this point of view, the inspector and the court, according to printsiyopom spontaneities, should examine not a photo mesyota incident, and interrogation of the photographer who has executed this photo. PraktiYOka, however, goes on other way: the inspector and court use photos, and necessity for a call of the photographer arises only in those rare cases, koyogda photo application has not been properly issued and there are questions concerning conditions of technics of photographing. Such way isyopolzovanija the photos, everywhere accepted on a consequence and in vessels, at all is not casual. He speaks that an information source, sveyodeny, fixed on pictures the photographer, the cameraman etc. is not, and the material conditions of investigated event embodied obektiyovom and a photosensitive material. It is clear, that research such obyostanovki is more convenient for carrying out using pictures, instead of pokazayonijami the persons making photographing.

The position of those authors which recognise a photo as a material source only on occasion is represented inconsistent also is judicial-photo graphic съемки1.

The statement about that the picture is not the adequate image of object so wrongly, as well as opposition on priyoznaku adequacy of the sign and material form of reproduction. SushchestYOvennoj line of any material signal and any sign is izomoryofizm (vzaimoodnoznachnoe conformity to object). The isomorphism sign, thus, does not discriminate, and consolidates considered forms of reproduction.

In this connection to more correct the position of authors, otnosjayoshchih moulds, sledovye copies and pictures to material istoch-nikam is represented to the information.

So in the editorial note to A.A.Ejsmana's quoted work about concept veshchestyovennogo proofs and its parity with concepts of proofs of other kinds. In kn.: «Questions of the prevention of criminality». The legal literature, vyp. 1, 1965. С.96, all concern number of material evidences not is judicial-pictures (as it consistently does A.A.Ejsman), but only «photos of plane objects». Further affirms, that transfer on a plane of volume object is not adequate and takes an intermediate place between a copy and the description (the message, the scheme), including and sign (conditional) elements.

2 Cheltsov M. A. Criminal trial. M, JUrizdat, 1948. With. 323, Arsenyev V. D. Questions obyoshchej theories of courts of evidence in the Soviet criminal trial. M, Legal liyoteratura, 1964. With. 42.

3 Cheltsov M. A. Criminal trial. M, JUrizdat, 1948. With. 326.


The question on the bases of division of ideal and material sources of the information is especially often considered in connection with differentiation pisyomennyh documents and documents - material evidences. Wide rasyoprostranenie the point of view differentiating documents-material evidences and written documents depending on what represents in the given source interest for business has thus received: the maintenance or the form. Most distinctly this point of view is expressed M.A.Cheltsovym, opreyodeljajushchim written evidences as the documents confirming or any facts denying by the maintenance, concerning to prestuple-niju or convicted. If «documents are important for business, or the vneshyonim a kind... Or a place and circumstances of the detection» 1, they javljayojutsja material evidences.

Such criterion of classification is represented not quite successful, Any source of the information matters for business both from the point of view of the form, and from the point of view of the maintenance. Without studying of a way and the form vyrazheyonija information cannot be established containing in a source dokazayotelstvennuju the information. So, the document maintenance can be ustanovleyono only so far as as it is expressed in certain graphic foryome letters, words, figures, symbols. Destruction of such form, napriyomer, owing to washing off, fading, etching, etc. does deletings nevozyomozhnym, sometimes, and an establishment of the maintenance of the document.

Cheltsov M. A. The Soviet criminal trial. M, gosjurizdat, 1951. With. 325, Jakub M. L. ViYOdy proofs in the Soviet criminal trial. In kn.: the Soviet criminal trial. M, gosjurizdat, 1956. With. 112-113, Jakub M. L. Kinds of proofs in Soviet criminal proyotsesse. In kn.: the Soviet criminal trial. M, gosjurizdat, 1958. With. 111-112. 2 it is final, the "data" or "message" term as about it writes Strogovich M. S. A course of the Soviet criminal trial. M, AN the USSR, 1958. With. 203, approaches to the information received from things a little, but from this at all does not follow, that material evidences as it is approved by Arsenyev V. D, do not give the information on the past facts (Questions of the general theory of courts of evidence in the Soviet criminal trial. M, Legal literayotura, 1964). The information as about it V.D.Arsenyev on writes With. 119, is available and in veyoshchah, but it is expressed by signs and properties of a subject, instead of signs.

On the other hand, any source of the information is of interest for business only so far as as it is a source of the evidentiary information essential to business, i.e. owing to the maintenance. If the source does not contain such data or if data available in it but to the maintenance do not concern circumstances of the case in point, it loses character isyotochnika information on investigated event. So, any subject priobreyotaet value of a material source of the information only so far as as its properties contain traces or the signs reflecting communication with investigated event and giving the information on it. "Empty" predyomety, i.e. subjects and the things which are not containing the information about investigated soby-tii, owing to it cannot already be information sources.

The essence, thus not that is of interest and matters the-maintenance or the form of a source of the information. The question essence consists in how the maintenance as it is expressed is issued, containing in a source dokazatelstyovennaja the information: in the form of material signs and properties of things or in the form of signs.

Division of sources of the information into the ideal and material has not only theoretical, but also the big practical value directly contacting a problem of a choice of a method and definition of structure of process isyosledovanija sources.

At research of material sources information reception osyonovano on studying of traces of interaction of things and natural causal relationships existing between them.

The information on event is expressed in material sources in preyoobrazovannom, the "coded" kind. Data about an external structure of the tool, the friction or pressure trace, the movements given about speed avtoyomashiny in a trace the braking given about the sizes and forms of subjects in fotograyoficheskih pictures etc. are that, for example,

In this connection information reception assumes research preobyorazovanija an information signal in a source on a chain of physical causality, for example; object => a trace => a mould; object => a negative => a positive; speed of movement of the car - length of a trace of braking etc.

Research is often connected with such transformation of a signal at which it led by the most convenient for supervision and comparison to the form. Similar transformations are way of reception of the fact sheet, the "decoding" containing in sources of the information.

Indicative use of the electron-optical converter for perusal and photographing of the invisible text of the document in this respect is. Before to become read in the form of accurately distinguishable shtriyohov letters on the converter screen, the document text passes a chain of physical transformations: in the beginning the device objective builds the optical image doyokumenta in invisible beams on the converter cathode, then the electronic lens builds the invisible electronic image on the anode which simultaneously is the luminescing screen. Last will transform invisible izobyorazhenie in visible which can be observed directly or podveryogatsja further by photographic transformation.

Transformation of signals of the information on chains of physical causality and their reduction in convenient for research and "decoding" the form, constitutes the maintenance of many optical, photographic, electron-optical and other physical and chemical methods applied at research mateyorialnyh of sources of the information. Thus the kind and a concrete technique issleyodovanija is defined by character of material properties of object — the carrier inyoformatsii.

So, stains invisible at usual illumination and texts (the saliva, the sperm, the decoloured texts, etc.) come to light by photographing ifrakrasnoj luminescences; the closed stains or the stuck texts come to light by their photographing in ifrakrasnyh beams; the type of the bullet which have got stuck in soft fabrics of the detained criminal, is established by means of roentgenoscopic research.

Essentially the technique of the research, proceeding from people and expressed in signs, messages differs.

Such research assumes two elements (which there correspond the primary goals and investigation phases):

1. Research of a semantic aspect of a sign, i.e. maintenance finding-out vyyorazhaemogo it of an image. So, at interrogation of the witness it is found out, what exactly meant interrogated, using the given device of speech; at acquaintance with proyotokolom survey signs described predmeyotov are restored mentally; at an expert's statement estimation the sense used by it teryominov and the conclusions is understood.

2. Research of conformity of an image to object. As expressed znayokami images can as to correspond to the validity, and not sootvetstvoyovat to it (the imaginary, deformed, erroneous representations), the important problem issleyodovanija consists in an establishment of such conformity. This problem by studying of conditions of formation of an image dares. So, for example, for finding-out sootvetyostvija the validity of representations of the eyewitness of a crime are found out usyolovija at which the facts described by it (light exposure and udayolennost object, duration of supervision, a physical condition of self-its witness, its relation to the observable facts and convicted etc. For finding-out of conformity of the validity of the conclusion of experiment analiziruyoetsja the technique of research used by it were observed, consistency and validity of its argument etc. is checked posledovatelyonost,

Thus, for finding-out of conformity of the message of the validity research of two types of relations of isomorphism is required: a sign => an image and an image => object. Distortions and errors can contain in any of these otyonosheny.

The messages proceeding from people, containing essential fact sheet on business, are expressed usually in the form of public language (oral or written speech).

1 Marx K.Kapital. With. 107.

In this connection finding-out of conformity of the message of the validity treyobuet explanations of specificity of alarm function of a word. To a word, as well as znayoku, the certain significance constituting it the maintenance is conditionally attached to any and poyozvoljajushchee to use a word as the assistant designated by it obekyota. «The name of any thing, — K.Marx specified, - has no anything the general with its nature» 1. Between a word and a subject designated by it there is no natural communication. In difference from a signal which changes neposredyostvenno are caused by changes of physical process - the signal carrier, a word as the sign, expresses only the maintenance of a human image (concepts, sensations etc.). Thus the image can correspond to the validity, and can and mismatch it.

That circumstance, that between a word and a subject designated by it does not exist any natural communication, allows to use a word as the powerful tool of generalisation of knowledge and abstraction. Property "sladkosti" veshchestvenno cannot be separated from sugar. With the help of a word it is property it is easily separated and can be applied to other objects. From the simple factor of knowledge, nositeyolja information, the word turns to the tool of human thinking. IspolYOzovanie words for message transfer it is connected with such processes of thinking as generalisation and knowledge ordering, transition from external signs to sushchyonosti the observable phenomenon. All these processes inseparably linked with «slovesyonoj obolochnoj» such messages as indications of witnesses and convicted, zayokljuchenija experts, reports of investigatory actions and other documents.

Indications of witnesses, for example, in a considerable part predstavljayojut not ascertaining, intuitional them of the phenomena, and their estimation, judgements about their communication with other phenomena, about their sense and value. It obyostojatelstvo is quite clear and natural, as characterises, svojstvenyonye to human consciousness aspiration to reflect the main thing essential in javyolenijah surrounding it of the world.

The estimated element in messages is in many respects caused osobennostjayomi an investigatory situation, a role of a source of the message in circumstances of business.

Indicative the robbery of a change made by three robbers in Stoleshni-kovom a lane opened without delay in this respect is. Two robbers, Azerbaijanians on a nationality, operayotivniki have detained on a residence and have withdrawn a part of the money stolen by them.

The touch on investment bank "Stork" change in Stolesh-nikovom a lane has been made in the morning on March, 17th, 2004 Criminals have attacked the manager of exchange office when the man, having come for work, opened premise doors. Having deafened by its blow to the head, gangsters have dragged it inside pomeyoshchenija and money has demanded. One of the attacking has cut up unfortunate the person a knife. The manager not long resisted and has given from the safe all cash YOkrupnuju the sum of roubles and dollars. Robbers have disappeared by the car waiting them nearby.

On a trace of a gang of robbers detectives of Moscow criminal investigation department managed to leave, when pokaleyochennyj manager has recollected one of the torturers. As approved muzhchiyona, appearance of the robber was familiar to it: the gangster some times changed at it the small sums, possibly being taken by place investigation where it was planned preyostuplenie. Detectives had to shovel mountain of inquiries on currency purchase, in which the Caucasian surnames appeared to find out a name of the robber. It okayozalsja 39-year-old Elchin Orudzhaev from Azerbaijan, widely known in kriyominalnyh circles of Baku. Having contacted law enforcement bodies of capital of the Transcaucasian republic, field investigators have found out some addresses in capital on which could disappear Orudzhaev, and have exposed there an ambush. As it has appeared, the robber after a perfect robbery has not returned on street Musy Dzhalilja where has been temporarily registered, and has rushed on fellow countrymen and acquaintances. However to all possible addresses of the Azerbaijanian field investigators already waited. Having made the friends some calls, the robber have felt danger, but all the same has returned on street Musy Dzhalilja. Having detained the gangster, murovtsy have found at it a part of the stolen money. Still some sum have found at a search at vtoroyogo the robber - 40-year-old Afgana Karimova which have caught soon after arrest of the leader of a gang. Karimov legally was engaged in Moscow in private carrying, but with ease has gone on a crime when Orudzhaev has suggested it to plunder "exchanger" and has given the car.

At research of messages of the inspector any interests not informayotsija, and only that which concerns the given case. Selectivity vosyoproizvedenija as is inevitably connected with an estimation transferred in messages, information. But also when the witness, the expert or other source of the message states everything, the information known to it, it, using a word, cannot avoid generalisation and an estimation as these functions are integrally merged with word function.

Ascertaining simple and at first sight the "elementary" fact in soobyoshchenii: - «on a table surface there is a trace of a hand of the person», indissolubly svjazayona with cogitative operations of ordering, generalisation, an estimation which can have essential value for business.

Really, to carry an observable subject to group «trace of a hand of the person», it is necessary to have, first of all, set of the representations forming the general concept of "traces of the person». It is necessary, further, in nabljudaeyomom object to allocate set of the signs peculiar to separate group of traces — traces of hands of the person and distinguishing them from other traces of the person. It is necessary to notice, that signs on which these cogitative operations not always are based are obvious and indisputable. So, for example, difference of traces cheyoloveka from traces of animals on occasion are a subject spetsialyonogo researches, the palm trace can be similar to a foot or knee trace and \etc. Ascertaining of the simple, directly perceived fact, soderzhashcheyogosja in the message, actually it can appear a conclusion, umozakljucheniyoem, leaning against false signs and mismatching the validity.

Still bolshee value is got by logic processing apprehended in messages on the cores which are coming under to proving, the facts. The message ocheyovidtsa: - «Ivanov has aimed and has shot from a pistol at Petrov», - contains the information on the cores which are coming under to an establishment circumstances. RassleYOdovanie affairs in a considerable part it is reduced to check of this message, vyjasyonenija its conformity of the validity. In these conditions it is especially important tshchayotelnyj the analysis of the maintenance of an image, finding-out — what elements grow out of direct perception and reflect concrete subjects and actions of people and what are results of an estimation, conclusions. In poyoslednem a case the logic structure of a conclusion of the witness and, in the first ocheyored, its actual bases is important.

. Essential complications in an establishment of conformity of the message dejyostvitelnosti the phenomenon polisemii (can bring word polysemies). In usual language various values (omoyonimy) are sometimes given to the Same words. On the other hand, the same maintenance can be transferred razyolichnymi words. These features of the language form have important znayochenie at use of messages.

The language form of the messages which are representing itself as sources inforyomatsii in the course of investigation, can be the diversified both rather specific. Here and the features of speech caused by the native language or meyostnymi by dialects interrogated, technical and scientific terminology speyotsialistov both experts, and a slang of criminals, both features of speech maloletyonih and the minor witnesses, the specific form of messages of the persons who have transferred strong nervous shocks etc.

1 In some cases the "certificate" sign is entered into concept of the document. So, for example, in «the Legal dictionary» the document is defined as the certificate invested in pisyomennuju the form and "certificating" any juridical fact (the Legal dictionary, т.1, M.Gosjurizdat, 1956. С.283). Such treatment of documents is too narrow, as not uchiyotyvaet the big group of the written certificates which do not have the special form and prednaznayochennyh not for the certificate, and for thought and information interchange fixing. More pravilyona therefore a position of the authors giving wider treatment to documents of Judelson A.S. (Courts of evidence in civil procedure. M, gosjurizdat, 1956. With. 195), and also the point of view found reflexion in item 71 GPK the Russian Federation (on November, 14th, 2002 №137 - FZ) «Письмен-Hbje proofs» which documents concern, «containing data (it is underlined by us - To. A) about the circumstances important for consideration and adjudication».

The sign form of expression of the information can be both oral, and written. In this connection discriminate oral and written messages, pokazayonija and documents. The form of expression of the information in documents, in turn, can have the features giving the basis for their further klassifikayotsii. For use as information sources essential znayochenie can have division of documents into documents stating and udostoveyorjajushchie the facts. Documents the stating facts, come nearer to oral istochyonikam and in essence represent the fixed form of indications. For all documents certificating the facts, the general is use speyotsialnoj forms of settling document and use of special means udoyostoverenija the fact - udostoveritelnyh знаков1. A special version dokuyomentov, certificating the facts, specially specified in the law (item 83 UPK the Russian Federation and item 71 GPK the Russian Federations) represent reports of investigatory and judicial actions. The documents certificating the facts, in turn, can be subdivided on two groups. It is necessary to carry the documents establishing neposredyostvenno the perceived facts to the first. Reports of the investigatory and judicial actions concern their number, some administrative acts, certificates of inventory, levy of execution, etc. To the second group of certificating documents should carry the documents certificating vyvodnye the facts, and documents, sostavljaeyomye on the basis of other (primary) documents. To number of such documents sleyoduet to carry certificates of examinations, certificates of audits, the conclusions of a various sort komisyosy, a different sort of the inquiry, the certificate and т.п.1

Research of each of the specified groups of documents is characterised by the methodical features which can constitute a subject samoyostojatelnogo researches. At the same time, that general is not less essential also, that is characteristic for research of any document and reflects specificity issledoyovanija sign sources of the information.

The basic problem of research of any document appearing in process of investigation as a source of the information is a problem isyotinnosti the facts stated or certificated by the document. DokazatelstYOvennaja the information stated in any document, only then can be taken as a principle investigated cases, in a basis of a sentence or judicial resheyonija when the validity of this information is established, its conformity dejstviyotelnosti.

It is necessary to agree with the authors specifying in necessity tshchayotelnoj checks and estimations of written documents on the basis of all obstojayotelstv of business in their set. «The relation to the document as to neprilozhnomu to the proof, - correctly marks M.L.Jakub, - however are authoritative not byyoli signed his faces, it is unacceptable in our process» 2.

JUdelson A.S.court in civil procedure. M, gosjurizdat, 1956. With. 192-202, Fejgelson L.A. To a question on an estimation of written evidences in the Soviet civil procedure. «News AN of the Kazakh Soviet Socialist Republic», №2 Alma-Ata, 1950. With. 36, Arsenyev V. D. Concept of documents and their value as proofs in the Soviet criminal trial.-In kn.: Works Irkutsk gos. University, t. XIII, 1955. With. 140-150.

2 Jakub M. L. Kinds of proofs in the Soviet criminal trial. In kn.: Soviet ugolovyonyj process. M, gosjurizdat, 1956. With. 113.


Establishment of conformity of the validity evidentiary inforyomatsii, fixed in the document as well as at research of any ideal (sign) source, assumes research of the form and soderyozhanija the document. In the first case it is a question about revealings of conformity of the sign form of the document to that maintenance which in this form is put. In vtoyorom a case definition of conformity of the actual maintenance of the document of the validity means. Discrepancy of the sign form to the maintenance doyokumenta grows out or non-observance of the requisitions shown to given documents (settling document by the unauthorized person or establishment, absence of the necessary signature, the press or other requisite) or a consequence of material forgery (fake) of the document. poyosledny can consist both in manufacturing of the fictitious document entirely, and in entering into the original document of the changes changing its maintenance.

However conformity of the sign form to the document maintenance yet ozyonachaet, that the maintenance of the document truly. The requisitions shown to the document, can be observed completely (the document moyozhet to be constituted the competent person on that and to have all necessary rekviyozity), but its maintenance can mismatch the validity. PrimeraYOmi can serve, sometimes meeting in criminal and civil cases, various inquiries of establishments and the enterprises, given out without check udostoyoverjaemyh in them of the facts, and even directly fabricated by officials; the documents certificating fictitious juridical facts and civil-law transactions, concluded "for the sake of appearances" without intention to generate legal relations following from them or covering other transactions (certificates about brayoke, dogovory purchase and sale, donation, etc.).

Depending on what sort discrepancy is checked in each separate case, research receptions differ also. At the form analysis, reyokvizitov the document the central place techniques issledoyovanija (the form occupy, papers, signatures, the seals, watermarks, a protective grid etc.). At research of the maintenance the leading role belongs to comparison of the data stated in the document to other proofs.

; Effective method of check and estimation of the documents representing written messages, in relationship written and oral istochyonikov information, interrogation of composers of the document specified in it of witnesses (understood) and persons, present is specifying at it составлении1.

Thus, the general scheme of research of an ideal source krimiyonalisticheskoj information: a sign - an image; the image - object keeps the znacheyonie and at research of documents.

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A source: KOLDIN Alexander Valentinovich. REMEDIALLY-KRIMINALISTICHESKY PROBLEMS of RESEARCH of SOURCES of the INFORMATION. The DISSERTATION on competition of a scientific degree of the master of laws. Nizhni Novgorod - 2005. 2005

More on topic § 2. Ideal sources of the information:

  1. «Mozart and Salieri»: Kant sources of service to the ideal
  2. § 3. The mixed sources of the information
  3. § I. Material sources of the information
  4. the Appendix 1. Information sources
  5. § 2. Classification of sources of the criminalistic information by a way of their formation.
  6. use of the information from external sources.
  7. typical sources of the information on a summer residence - bribe reception
  8. § 3 Methodological aspects and decoding researches otobyorazheny sources of the criminalistic information.
  9. § 2. Research problems of displays oposredstvovannyh information sources.
  10. Information war, information terrorism, information crimes, the information weapon. Definition of concepts,
  11. § 3. Classification of sources of the information by a way of reflexion of the fact sheet.
  12. §1. A method of restoration of displays of sources of the criminalistic information.
  13. § I. The General characteristic of sources of the information.
  14. § I. Remedially-technical principles of reception of displays oposredstvovannyh information sources