Stručni rad

Criminalistic contents of reconstruction

Duško Modly
Marijan Šuperina ; Policijska akademija, Zagreb, Hrvatska

Sažetak

In the last 10 years there were few publications and studies in the field of criminalistic science and Criminal Procedure Law concerned with reconstruction as procedural, primarily investigative act, which is conducted with the purpose of: a) verifying derived evidence, b) establishing facts important for clarification, c) if necessary, rederiving of particular evidence. Therefore this article analyzes fundamental theoretical standpoints regarding reconstruction and points out the difference betvveen reconstruction and crime scene investigation, as well as the difference between investigative reconstruction and operational reconstruction which is conducted in an informal police procedure. Important for purposeful and efficient reconstruction is meaningfully and correctly composed order for conducting a reconstruction which establishes motives, aim, content and partially manner in which it is conducted, as well as complete and adequate information gathered in connection with the crime scene in the form of a record of crime scene investigation (with appendixes), search, interviews with suspects, witnesses, experts etc. It is precisely the shortcomings in these important sources of information for conducting a reconstruction that may lead to mistakes during its conduction. Since the form of conducting a reconstruction is not regulated by Criminal Procedure Law, the organ conducting a reconstruction performs it in a way it deems most suitable in a given case and at a given time in order to achieve its goal. In the choice of methods and means it relies on the rules of criminalistic science. One of the important contents of reconstruction is the setup and elaboration of reconstruction versions with abundant criminalistic content as speculative assumptions about the criminal offence and the perpetrator. In fulfilling these requirements the criminalistics will nnavoidably be forced to employ the principles of logic and criminalistic reasoning, information retrieved from various sources, experience and skills in interpreting the circumstances which surround the perpetrated criminal offence. For criminalists speculative reconstruction represents a special subsystem of reconstruction which is subject to certain mental impediments which must be taken into account as a potential generator of mistakes in the reconstruction itself. Since conducting a reconstruction represents a form of criminalistic procedure in which factual circumstances, which directly or indirectly indicate the existence of criminal offence and/orperpetrators, are investigated through the use of criminalistic methods, this article analyzes stages of reconstruction process. The election of cases from current judicial practice in the footnotes additionally emphasizes certain questions in connection with the stages of reconstruction.

Ključne riječi

reconstruction; criminal procedure; police; evidence

Hrčak ID:

79282

URI

https://hrcak.srce.hr/79282

Datum izdavanja:

15.3.2009.

Podaci na drugim jezicima: hrvatski

Posjeta: 4.702 *