Право/11. Криминалистика и судебная
медицина
Master of laws Ismagulova
K.B.
Kostanay State University named A.Baitursynov, Kazakhstan
The development of criminology in Kazakhstan and other countries
Criminalistics is
one subdivision of forensic sciences. The terms criminalistics and forensic
sciences are often confused and used interchangeably. Forensic sciences
encompass a variety of scientific disciplines such as medicine , toxicology ,
anthropology , entomology , engineering, odontology , and of course,
criminalistics. It is very difficult to provide an exact definition of
criminalistics, or the extent of its application, as it varies from one
location or country to another. However, the Kazakhstan`s criminalistics
defines criminalistics as "that profession and scientific discipline
directed to the recognition, identification , individualization, and evaluation
of physical evidence by application of the physical and natural sciences to
law-sciences matters." [1]
It is also
challenging to define a clear origin of criminalistics. The term comes from the
German word Kriminalistik, invented by Austrian criminalist Hans Gross
(1847–1915). While the field of criminalistics started long before Gross' time,
the first serious and well-documented applications of scientific principles to
a legal purpose, started in the middle of the nineteenth century. The famous
novel hero Sherlock Holmes, invented by Sir Arthur Conan Doyle , was probably
the first fictional founder of criminalistics. The real recognition of
criminalistics as a science by itself can be attributed to Hans Gross who
published his book Handbuch fur Untersuchungsrichter als System der
Kriminalistik in 1899. [2] The development of anthropometry (the study of human
physical dimensions) by French anthropologist Alphonse Bertillon (1853–1914)
and of fingerprint analysis in the same period by Scottish scientist Henry
Faulds (1843–1930), English scientist Francis Galton (1822–1911), and English
Commissioner Sir Edward Henry (1850–1931), also contributed to the
reinforcement of criminalistics. The progress made in forensic photography by
Swiss criminalist Rodolphe-Archibald Reiss (1875–1929) was also a major
contribution to the world of criminalistics. Finally, the beginning of the era
of modern criminalistics is attributed to French criminalist Edmond Locard
(1877–1966) and some of his pupils such as Swedish criminalist Harry
Söderman (1902–1956). In the United States, the work of American
criminalist Paul Kirk (1902–1970) reinforced the predominant position of
criminalistics in forensic sciences.
As an integral
part of the forensic sciences, criminalistics encompasses the broadest variety
of disciplines. These commonly include the examinations of toolmarks , firearms
, fingerprints, shoeprints , tire tracks , soil, fibers , glass , paint, serial
numbers, light bulbs, drugs of abuse, questioned documents , fire and
explosion, biological fluids , and last but not least, crime scenes.
Criminalistics also typically includes physical evidence that is not directly
studied by another field of forensic sciences. The main goal of criminalistics
is to apply the principles of sciences to the examination of evidence in order
to help the justice system determine that a crime has been committed, to
identify its victim(s) and perpetrators, and finally, determine the modus
operandi, or method of operation . Criminalistics uses other scientific
disciplines to examine physical evidence. [3] Among these are chemistry,
biology, physics, and mathematics. People performing criminalistics are
referred to as criminalists.
Crime scene
investigation consists of the detailed examination of a crime scene, and
detection, recognition, and collection of pertinent evidence, as well as
permanent documentation of the scene. Fingerprint examination consists of
detection and revelation of fingerprints from different surfaces and comparison
with other fingerprints, such as those provided by a suspect, in order to
establish a link. Toolmarks, shoeprints, and tire tracks examination consists
of recording and observing impressions in order to establish links with a
potential tool, shoe, or tire. Drug analysis consists of the identification and
quantification of a drug of abuse. The examination of biological fluids, also
referred to as forensic serology , consists in the detection, recognition, and
collection of body fluids and their subsequent analyses in order to identify
the person from whom they originate. Trace evidence encompasses a large variety
of minute pieces of evidence such as fibers, glass, soil, and paints. Traces
are examined and compared to potential sources of origin in order to identify
their origin. [4] Questioned documents consist of the examination of documents
to determine their authenticity or to identify forgery or counterfeiting, and
of handwriting and signature analysis to identify the person who wrote them.
The examination of serial numbers consists of the determination of their
authenticity and the restoration of the ones that have been erased. The study
of light bulbs consists of determining if they were on or off at time of their
breakage. This is particularly helpful in road accident investigation.[5]
The continued
improvement of the legal system of the Republic of Kazakhstan in accordance
with the concept of legal policy, as well as the recent initiatives of the Head
of State NA Nazarbaev on the implementation of the strategy for Kazakhstan
ranking among 50 most competitive countries of the world, in turn, determine
the need to develop scientifically sound and practically significant proposals
in the field of legal and administrative activities of the authorized bodies to
further strengthen the rule of law, strengthening the fight against crime and
administrative activities, improve the quality of preventive work.
The specificity
of the subject of criminology is revealed in its relation to the system as
related sciences on the subject and on other grounds. [4] With certainty we can
say that criminology is the science of law - it is in close connection with
such branches of law such as criminal law, criminal law enforcement, legal
statistics, criminal procedure, criminology, administrative law, and others. In
this case, criminology, being independent industry knowledge, uses, however,
the methods of such sciences as philosophy, sociology, psychology, medicine,
education and others.
Creation science
of criminology in Kazakhstan connected with the name SY Bulatov. He tried to
give the direction of criminological research work of their students.
Unquestioned authority, fruitful scientific work SY Bulatov gave rise to the
emergence of criminology as an academic discipline in Kazakhstan. Such work SY
Bulatov as "criminal policy of the imperialist era," "Military
criminal law of the French Revolution 1789-1791 gg.",
"Carolina", "Revival of Lombroso in the Soviet criminology"
and numerous articles on current topics of the period, laid the foundation of
criminological Domestic legal science .[6]
Criticality views
SY Bulatov has attracted special attention from the leading scientists of the
Soviet Union and Russia (IS Noah, Gertsenzon AA et al.), The evidence of this
are the debates and controversies on the subject matters the study of crime
(according to SJ Bulatov "isolation "research on issues of criminal
law and its theory, the problem biologization social aspects of crime, etc.).
S.Y. Bulatov, as
the creator of the scientific school, trained many students, among them the BS
Beisenova who studied alcoholism as one of the main factors of the causes of
crime in the country and offered a bold scientific ideas to combat this social
evil.
No less famous
scientist is a criminologist S.Y.
Bulatov EI Kairzhanov, author of several scientific papers on
criminology, including the first textbook on criminology in Kazakhstan, who
made a great contribution to the development and establishment of national
criminological sciences, author of more than 30 monographs and textbooks.
Significant
contribution S.Y. Bulatov in the development of criminological science still
awaits its researchers willing to study, understand and fully consider his
legacy.
Today in
Kazakhstan problems of legal sciences in general, and the criminology in
particular, deals with a whole galaxy of scientists. Problems of criminology in
a large number of studies on different areas.
A certain group
of scientists, as generalists, exploring issues of criminal law and
criminology.
List of references:
1. Averianova T.V., Belkin R.S. Forensic
support of the criminal police and the preliminary investigation.
M., 1997, p 33.
2. V.N. Kudryavtseva, V.E. Eminova. M .:
Mirror, 1995. 22 pp.
3. E.O.Alauhanova. Almaty: Zheti zharѕy, 2005.
P. 56.
4. Kairzhanov E. Criminology. Almaty: Republican
publishing cabinet, 1995.
5. Kairzhanov E. Criminology. Almaty: Republican
publishing cabinet, 1995.
6. M .: MSU,
1994, p 99; Criminology.
M .: Manuscript, 1992,
p 78.