Forensic Expertise in Criminal Investigation
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ScribdTranslationsForensic Expertise in Criminal Investigation
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ScribdTranslationsBOLIVARIAN REPUBLIC OF VENEZUELA
MINISTRY OF POPULAR POWER FOR INTERIOR, JUSTICE AND PEACE
EXPERIMENTAL UNIVERSITY OF SECURITY
OSTENSIVE POLICE PROGRAM
CRIMINAL INVESTIGATION
Facilitator: Participant:
Chief Commissioner José Cáceres Chief Supervisor
Javier Lockiby V-18.173.416
The expertise is the legal research that receives a technical scientific report, adorned
of legality, in which context a forensic report is registered, which gives you
provides value to a persuasive element, emanated by some experts called
experts, whether certified or not, regulated or experienced, in a field of science, art,
technique or trade.
The Theoretical Origin.
Theoretically, expertise is the examination carried out by an expert on a person, thing, or...
Fact. It is an inquiry about a task that requires knowledge of certain
sciences or disciplines are classified as technical or scientific, often they have little
human intervention and are carried out by computerized equipment that emits its result.
The Legal Origin.
Norms considered in the Constitution of the Bolivarian Republic of Venezuela
Article 257. Declares that justice cannot be sacrificed by the omission of formalities.
essentials.
Norm contained in the Organic Criminal Procedure Code:
Art 157. Regarding the evaluation of evidence, the code establishes the method of evaluation,
order to apply logic and the maxims of fundamental experience.
Article 22. The appreciation of evidence shall be evaluated by the court according to the rules of the
critical of you, observing the rules of logic, scientific knowledge, and maxims
experiences.
Article 223. Expertise: the public ministry shall carry out or order the practice of expertise.
when for the exam of a person or object or to discover or assess an element of
conviction, special knowledge or skills in some sciences, art or
office.
Methods Used
The expert must collect the evidence assigned to them from the storage area.
together with the Chain of Custody Registration Form, to which it will give
continuity.
The expert must receive the evidence directly from the official who conducted the review.
reception and registration, in cases that require immediate processing and have not yet been
has been deposited in the custody area, and will continue with the corresponding form
Chain of Custody Registration.
Evidence will be processed or photographed according to the request, highlighting that
The expert will choose the photographic equipment needed, the techniques and/or methodology.
applied, necessary for carrying out the photographic fixing. Some of the requests that
The following can be made regarding the type of evidence:
Specific Characteristics: in the case of vehicle serial numbers, firearms, phones
cell phones, among others, as well as in dents, friction stripes, morphology,
impacts, continuity solutions, and any other characteristics of interest for the
research.
In the fingerprints revealed on absorbent and non-absorbent surfaces: by action
with
the ninhydrin reagent, violet crystals, iodine vapors, green leuco malachite, among
others.
In the Luminol Test: the appropriate photographic equipment must be taken into account for this.
techniques, such as cameras, shutter cables, tripods, and filters, among others.
Photographic Clise: which will be carried out at the time of practicing the corresponding review of the
person investigated for a crime.
Revealing the Movie in Positive: in the case of using analog cameras.
Memory Card Download: in case digital cameras are used on a team of
IT, which must have files intended for storage control of the
fixations with complete case data and backed up in a storage system.
Negative Film Safeguard (frame): which must be preserved in an envelope
of paper that will display on its external part the details of the case (the same information as the
film roll label). The negative film (frame) must be stored in
a file sorted alphanumerically. It can also be stored in created folders
for the file of photographic negatives with the respective information of the case.
4. The received evidence will be immediately secured and returned to the office.
sender, with only the delivery of the photographs pending.
The Materials Subject to Expert Assessment and Contribution to the Criminal Process
The identification of the experts or specialists who will process the evidence, their hierarchies or positions,
the criminal investigation body to which they belong, the registry or case number
study object, the identification of the active and passive subjects related to the fact
and other formalities that may arise. The motivated exposition In this part where it is pointed out
the origin or the provenance of the pieces objects of study, time, place, and date for the
moment of being processed, the quantity, its nature, and other characteristics; as well as the
description and the recognition of each of them, the requirement requested by the
prosecutor's office or the referring office and the record of the application of the chain of custody.
Technological equipment for criminal investigation. The Police Force, to achieve its objectives
that initially consist of recognition, identification, individualization, and evaluation
from the physical evidence, it has equipment such as:
Scanning electron microscope.
Transmission electron microscope.
Optical microscopes.
Polygraph. (Popularly known as a lie detector)
Gas chromatograph for the analysis of inorganic substances.
Shot trace analysis (ATD), a physical technique with X-rays, for
locate solid waste and analyze the concentration of the elements that compose it
gunpowder; nitrate, nitrite, lead, etc.
The infrared spectrophotometer, for micro organic samples and some inorganic ones.
The ultraviolet and visible light spectrophotometer.
The special activations for footprints and traces on special surfaces.
The spectrograph of voices and sounds.
Metalizing equipment by ionic bombardment.
Energy dispersive X-ray spectrometer.
Trichology, to conduct structural and biological studies of hair appendages.
Nitrite tests for clothing.
Instrumental analysis for the studies of properties of the evidence such as:
energy, electricity, and volume-mass relationship.
DNA analysis for genetic identification.
Expertise is of fundamental importance within the criminal process and its
Incorporation within the context of the Probationary Regime is extremely positive, as its
results provide the parties with the necessary mechanisms to analyze and evaluate the
test submitted for study, with the other essential elements of conviction for
to substantiate and formulate your arguments in the debate. Considering that this report represents the
scientific instrument that provides the textual and objective expression of the expert report
arising from the scientific processing of the evidence.
Structure of Expertise
Complying with the provisions set forth in COPP-239, related to the ruling
expert; as well as the guidelines that commonly shape the scientific method and the method
experimental, the expertise must consist of two main parts, namely: the part of a character
of a legal nature; and the scientific part from which, in turn, three subdivisions arise
scientific techniques (experimentation, results, and conclusions), decisive factors
for the determination of the expert opinion.
Consequently, forensic expertise is classified as follows:
1. The introductory: It is the part where the investigating body or the Prosecutor's Office is indicated.
Public Prosecutor's Office, which requires the services of the requested scientific discipline, the
identification of the experts or specialists who will process the evidence, their hierarchies or positions,
the criminal investigation body to which they belong, the record or case number
subject of study, the identification of the active and passive subjects related to the fact
and other formalities that may arise. The motivated exposition In this part where it is indicated
the origin or the provenance of the pieces subject to study, time, place, and date for the
moment of being processed, the quantity, its nature, and other characteristics; as well as the
description and the recognition of each of them, the requested requirement by the
prosecutor's office or the referring office and the record of the application of the chain of custody.
2. The technical and scientific part: Experimentation or expertise is going to
list the equipment and materials that will be used for processing the
parts, the processes and the methodology that will be implemented, which bring about
consequence:
the observation through comparison with standards of comparison and
control specimens.
The comparison between the problem sample and the test sample.
the comparison with new samples or new findings.
Determination of qualitative and quantitative analyses.
Practice of other essays.
the identification and individualization.
Logical analysis of the taken exam.
The results: It is the part where the results obtained from the experimentation are highlighted,
the observation and qualitative analysis previously practiced. In the same way, it
they will record all previously detected observations explaining them in detail
detailed.
The conclusions: The conclusions will clearly, precisely, and in detail record the
reports, judgments or opinions issued by experts or specialists that will refer to the
statements presented strengthened by the experience and wisdom of specialists,
pointing:
The identification and individualization carried out between the problem sample and the sample
test.
The clarification of new findings.
Other conclusions of interest for the process.
To attach the graphs and photographs.