Криминалистика Реферат

The article focuses on the genesis of development of forensic examination of cold weapons as well as a modern view of its structure and objects. The author points out that cold weapons have been used in a criminal way since early times. However, ways and techniques of their examination have been considered within the framework of investigative and judicial actions for a long time. The study of these types of weapons has become active in Russia since the mid-1930’s in order to work out methods of their expert examination. These developments reached their peak in the 1960 - 1970’s. 

In subsequent years scientific activities on this problem were mainly directed at improving general methods of expert examination of cold weapons. 

Specific methods of examining the most recent types of cold weapons in expert practice were simultaneously worked out. The author draws attention to the fact that as related to the mentioned type of examination it is disputable if traces of cold weapons’ application belong to the number of its objects. When solving this problem the author suggests that the specific character of these traces should be taken into consideration. It implies that they should be examined within the framework of the examination involving objects that left these traces, i.e. weapons. 

The author emphasizes that the situation when trace-forming objects are studied within the framework of forensic examination of cold weapons while traces left by them are analyzed within the framework of trace evidence examination can hardly be normal and effective for expert examination practice. 

The concept of cold steel in our time is enough vague. A mortal wound can be inflicted on an object that does not fall under the current definition. In each specific case, if necessary, an examination of cold weapons is conducted, during which experts recognize or do not recognize the object as such.

However, despite the absence of a definition, there are quite specific signs on which it is possible to distinguish a usual economic knife from an object capable of skillfully presenting danger to others.

Without any conditions, brass knuckles, brushes and other items of crushing or throwing action are recognized as cold weapons; for this, no expertise is required.

In the "Law on Arms", adopted in the territory Russian Federation, the definition is given that according to this, muscular force is used to cause harm to these types of weapons in conditions of direct contact, but the crossbow does not provide for it. Consequently, the effect of certain types of cold weapons can be remote.

However, such exotic items as an onion, a boomerang or a crossbow do not often become objects of trial or evidence. The most common are knives, especially folding knives.

When the examination of cold steel is carried out, specialists are guided by the norms adopted in the Soviet years, although now the framework has somewhat expanded, and the hardness of the metal is not taken into account. If the thickness of the blade is 260 microns or more, and the length is 900 mm, then such a knife is generally recognized as dangerous.

The legislative definition of bladed weapons is not exist. In one of its regulations, such a definition gave the Supreme Court.

Under cold weapons should understand manufactured or improvised way:

- the items intended for hitting goals using human muscle power by direct contact with the object of destruction that include in itself edged bladed weapon (daggers; military, national hunting knives), a different cutting weapons, stabbing, slashing or mixed actions (bayonets, spears) and also guns crushing action (brass knuckles, nunchucks);

- the items intended for defeat of the purpose on distance by a shell, receiving directed movement with human muscle power (throwing knives and axes, javelins) or mechanical devices (bows, crossbows).

What is cold steel from the point of view of the law? What can be bought, stored and used by citizens, and what is not? What responsibility do the owners of cold steel have before the law? All these questions can be tried to answer by considering the world's cold weapons.

Based on current legislation, cold weapons are any objects or devices designed, according to design features, to defeat the target as a result of the influence of the muscle strength of a person or the impulse of mechanical devices. Based on this definition, the world's cold weapons can be manual or throwing.

Its vision of the definition of a cold steel is available in judicial practice. So, the cold weapons of the world in this case is defined as objects that carry out cutting, pricking, piercing-cutting, crushing, chopping or impact effect. Here you can select knives, stilettos, bagnets, daggers, checkers, brass knuckles, nunchuck, and other items.

However, the above definitions are rather general, which does not allow to fully establishing whether a particular object is a cold weapon. Specific, clear signs of cold weapons can be found in special methods of forensic research.

Based on the appointment, determine the civil and military cold steel. If we talk about the category of civilian cold weapons, then there are objects that can be used by individuals for self-defense, hunting, sports, and products that are an integral part of national costumes and clothing of some nationalities. Thus, the civilian weapon of the world is conditionally divided into hunting, sports and national.

Battle cold steel refers to the standard, intended for performance of operational, service or combat tasks, by militarized state structures. Special combat and military cold weapons are allocated here.

The term “bladed weapon” means swords, blades, spears and daggers whose blades are more than 15cm.

The National Authority shall:

- be charged with maintaining a registry of all certified stores and individuals who have been granted permission of possession that shall to be used by those certified business institutions that sell bladed weapons and law enforcement.

- be responsible for the evaluation of applicants for permission of possession for bladed weapons, and for the processes involved the acquisition and enforcement of the permission of possession.

- not have the power to establish or enact upon warrants, but may submit requests for warrants that are to be executed by the law offices.

- have the ability to organize additional Agency(s) under itself, with the approval of the head of the Ministry of the Interior, to better administer the effective enforcement of weapons regulation or to administer greater efficiency of the licensing processes.

- have the ability to restrict or allow all bladed weapons that are unlegislated upon in this act or under additional legislation.

No person shall:

- import bladed weapons except when the national or local government or those who have permission import them for law enforcement or military activities or sports.

- assign or loan blade weapons to others except when both parties have permission of possession for that specific bladed weapon.

- be granted permission for possession of a handgun of any kind, as being defined as any weapon that can be held and fired with one hand.

- be granted permission for possession of a rifle of any kind, as defined as a gun, especially one fired from shoulder level, having a spirally grooved barrel that causes a bullet to spin.

- be granted permission for possession of a shotgun of the following nature, as defined as a weapon that is usually designed to be fired from the shoulder, which uses the energy of a fixed shell to fire a number of small pellets, or a solid projectile.

If there is available a cold weapon - a checker, knife, stylet or anything else, in which case a special permit is required. In the absence of an official permit, citizens may be attracted to certain types of responsibility:

1) Administrative responsibility for the storage, purchase, transfer of cold steel to unauthorized persons without the knowledge of representatives of the internal affairs bodies. Fixation of the offense entails a fine in the minimum established amount with the confiscation of items of cold weapons or without it.

2) Criminal liability for the manufacture, wearing, applying, selling, modifying or repairing knives, daggers, knuck-wheels, other piercing, cutting, percussion, fracturing objects without official permission. Violation is punishable by a fine in especially large amounts, by involvement in public works, arrest or imprisonment, depending on the conditions and gravity of the crime.

A bladed weapon is a weapon with a blade.

Bladed weapons are made out of a variety of metals including: bronze, iron, and steel. Bladed weapons can also be made of stone, such as flint. It can be used as an all-purpose tool or for fighting. Construction techniques using ceramics have been developed recently; however, metal is often added to the ceramic to allow the weapon to be detected by security devices.

Scientific fundamentals of cold weapons examination were created, methods of conducting forensic examination of the mentioned type of weapons were worked out, and some issues of examination of certain samples of cold weapons were elucidated. In subsequent years, scientific activities on this problem were mainly directed at improving general methods of expert examination of cold weapons. 

Cold weapons are any objects or devices designed, according to design features, to defeat the target because of the influence of the muscle strength of a person or the impulse of mechanical devices. 

Permission of possession of bladed weapons are issued for individual bladed weapons for specific applications such as hunting, eradication of noxious birds and animals, slaughter of animals, fishing or construction, cases where possession is unavoidable for plays or other artistic performances and cases where such items are used for display in museums, etc.

The concept of cold weapon is really vague. A mortal wound can be inflicted on an object that does not fall under the current definition. In each specific case, if necessary, an examination of cold weapons is conducted, during which experts recognize or do not recognize the object as such.

In general, it is a matter of fact that by this time scientific fundamentals of cold weapons examination were created, methods of conducting forensic examination of the mentioned type of weapons were worked out, and some issues of examination of certain samples of cold weapons were elucidated.