ОГЛЯД ТРУПА ТА ОГЛЯД ТРУПА, ПОВ’ЯЗАНИЙ З ЕКСГУМАЦІЄЮ

Abstract

The main purpose of criminal proceedings is to ensure a quick, complete and impartial investigation and trial so that anyone who committed a criminal offense is brought to justice as far as his guilt is concerned, and an innocent person is not groundlessly accused and brought to criminal responsibility (Art. 2 of the Criminal Procedural Code of Ukraine). Examination of the corpse at the scene, detection and seizure of evidence with traces of biological origin found at the scene is a mandatory and urgent investigative action, which is strictly regulated by Articles 84-86, 98, 100, 237-239 of the Criminal Procedure Code of Ukraine. The Criminal Procedural Code of Ukraine has two types of corpse inspection: a corpse inspection and a corpse examination associated with exhumation. Mistakes that occur during an incorrect examination or incompetence, negligence of a forensic medic or investigator may adversely affect the further investigation of the crime. Incorrect registration of the event site inspection protocol is one of the most common defects. It is important to distinguish that the scene and the crime scene are not always identical, because the place of the event usually understands the territory or location within which traces of the crime are found. (in this case, the crime itself could be committed elsewhere), the crime scene is a room or a section of the territory where the crime was directly committed (although traces of this crime can be found elsewhere or in several places).Currently, there is no legislative procedure for exhumation, as a result of which there are conflicts and situations where the obtained evidence is unacceptable. There are procedural gaps in the organization of preparation and direct exhumation of the corpse during the procedural activity of the study of this action at the theoretical level, taking into account the requirements of practice, is of exceptional importance. Both general and special methods of cognition (analysis, synthesis, deduction, induction, analogy, abstraction) were used to achieve the goal. The purpose of the article is to review and streamline the procedure for exhumation.