small arms
Current Issues of the Criminalistic Classification of the Self-made Firearms |
Introduction. The development of small weapon and structurally similar products, their use for criminal purposes force forensic science and practice to make adjustments to the forensic classification system of firearms over and over again. Theoretical analysis. In forensic ballistics, firearms are classified according to their purpose, type, method of production, barrel length, barrel channel device, number of barrels, etc. By the method of manufacture, groups of factory, artisanal and improvised firearms are distinguished. At the same time, the system of signs developed by science for the self-made manufacturing method is not effective for all cases of expert research. It is the expert practice that gives the reasons for this statement. Empirical analysis. The paper examines the practice of expert research into submachine guns, that are structurally similar to the 9 mm K6-92 submachine gun (Armenia) and are manufactured as part of criminal arms production, as well as Strelkov submachine guns chambered for 9–18 mm. Individual items had the corresponding weapon attributes (hallmarks, number designations, etc.). The weapon production format, assessed as home-made, is characterized by the choice of simple design schemes, the operation of automation, the prevalence of a cartridge sample, simple manufacturing and assembly techniques, and low quality weapons. Discussion of results. The author proposes introduction of a public law attribute to the system of evaluation criteria of a method for producing firearms – its legitimacy. Its application creates the conditions for covering all cases of the production of firearms known to science and practice, the correct assessment of its method of manufacture, and the selection of an appropriate expert methodology for resolving issues related to classifying an object as a firearm. Conclution. Taking into account the results of the study, there are reasons for supplementing the varieties of improvised firearms known to forensic ballistics with a group of weapons manufactured in industrial plants that are not legalized by central government members. |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 2 |
Problems of Criminalistic Evaluation of the Place of Accidents as Object of Diagnostic Forensically-Ballistic Expert Research |
Introduction. When investigating crimes committed with the use of small arms and gas barreled weapons, it is often necessary to carry out expert studies of not only individual objects (weapons, cartridges, traces of their operation), but also the material situation of the scene as a whole. Theoretical analysis. The problem of forensic assessment of the scene of an accident as an object of scientific and practical cognition is examined through analysis of the existing in forensic knowledge of the essence of expert research at the scene and expert studies of the scene of the incident. It is established that the concepts “expert investigations at the scene” and “expert investigations of the scene” are used in a variety of ways. In solving scientific and practical problems, the possibility of their application is determined by the specific situation that develops in the course of the investigation of the crime, the organizational and methodological necessity of providing expert research. Based on the definition of the conformity of the category “material situation of the scene” to the essence of the methodology of cognition of such objects, the relationship between the concepts “scene of the accident” and “material situation of the scene”, it was concluded that in a number of cases the entire set of available information on the scene of the incident, including its material situation, for solving problems of situational order. Empirical analysis. The case of expert practice cited in the work illustrates the advisability of using an expanded list of forensically significant information about the scene of events to establish the event side of the crime under investigation. Results. The possibility of examining as the object of a diagnostic forensic-ballistic expert study not only the material situation of the scene, but also the site of the incident itself, the volume of criminally significant information of which can be expressed by the formula “material situation of the scene +” is proved. The expediency of distinguishing such a group of objects of expert research determines the cases of establishing the event party of the crime being investigated, when for an expert decision of the issue information is needed not only about the material situation of the scene, but also other forensically significant information. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2018. vol. 18, iss. 2 |