形象化证据记录方法生产的犯罪方面

N. Egorov
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摘要

笔者从证据的收集、核查、评价和运用四个方面分析了证据的证明过程,以确定需要证明的情节。这意味着发件人认为证明程序比《俄罗斯联邦刑法法典》第85条所引用的范围更广一些。录音是在搜查和发现之后收集证据的第二个要素。笔者对证据记录的分类进行了分析。它可以分为两种:强制性的或由刑事诉讼法规定的,选择性的或由法律建议的(关于刑事诉讼法);这种分类也根据主观或根据记录主体的人格品质来区分。在这种情况下,他或她的知识,技能和专业经验被考虑在内。另一方面,客观是基于物理、化学或其他过程(这些过程是记录的基础)。本文重点讨论了证据记录的手段,特别是照片记录和录像记录,因为这是实践中经常使用的图形化证据记录方式。司法侦查摄影方法体系的内容包括全景拍摄、测量、再现、鉴定摄影和微距摄影。用于录像的现代技术设备和软件允许进行高速和慢动作的录像拍摄,这可以被视为在进行检查和一些调查行动时可以使用的特殊技术手段。
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Criminalistic Aspects of Production of Visual-Figurative Methods of Evidence Recording
The author analyses the process of proving as gathering, checking, evaluating and using the evidence in the purpose of determining the circumstances that have to be proven. It means that the author views the process of proving somewhat broader than it is cited in the Article 85 of the Criminal Law Code of the Russian Federation. The recording is the second element of the evidence gathering after they have been searched for and found. The author analyses the classification of the evidence recording. It can be of two kinds: obligatory or prescribed by the Criminal Procedure Law and optional or recommended by law (with regard to Criminal Procedure Law); the classification also divide them on subjective or depending on the qualities of the personality of the subject who record the evident. In this case his or her knowledge, skills and professional experience is taken into account. Objective, on the other hand, are based on physical, chemical or other processes (these processes are the basis of the recording). The article pays close attention to the means of the recording of evidence, especially to photo and video recording as these are the graphic ways to record evidence that are frequently used in practice. The author specifies that the content of the systems of methods of forensic and investigative photography implies including into it panoramic shooting, measuring, reproduction, identification photography and macro photography. Modern technical equipment and software for video recording allow to perform high-speed and slow-motion video shooting that can be viewed as special technical means that can be used while conducting examinations and some investigative actions.
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