在调查与人口贩运有关的罪行时进行法医视频和音频分析的可能性

O. Brendel, K. Nikulin, Elvira Aslanovi
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引用次数: 0

摘要

本文的目的是探讨在调查与人口贩运有关的犯罪案件中,在准备材料和指派法医视听分析时出现的当前问题,以及分析形成调查证据基础的可能性。人们的注意力集中在人口贩运问题的全球和国际意义上,以及在战争条件下剥削人民的情况的恶化。分析了人口贩运受害者的剥削类型和犯下这类罪行的责任;列举了采用何种技术手段获取录像、录音资料,记录犯罪痕迹的程序性诉讼类型;明确了此类诉讼行为的主要法律特征。考虑到犯罪侦查主体在取证过程中出现的失误,导致审判阶段大部分证据的丢失。强调了调查这类罪行的法医视听分析的具体情况和现代可能性;调查机关究竟利用了调查记录中的哪些信息和用途。对利用录象和录音专门知识解决的任务及其在执法活动中的作用进行了分析,以便进一步用于法庭诉讼。在研究材料的基础上,重点关注法医检查的结果,这些结果有助于解决有关贩运人口和剥削这些人领域的犯罪行为和犯罪情节的资格问题,并加强案件的证据基础。为法医视听分析适当准备材料有若干要求。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Possibilities of forensic video and audio analysis while investigation of crimes, related to human trafficking
This article purpose is to investigate current issues arising while preparation of materials and appointment of forensic video and audio analysis in case of investigations of crimes related to human trafficking, as well as possibilities of analysis for forming the investigation evidence base. Attention is focused on the global and international significance of human trafficking issues, aggravation of people exploitation in war conditions. Exploitation types of victims of human trafficking and responsibility for committing such crimes were analyzed; types of procedural actions are given, for which technical means are used to obtain video and audio information in order to record traces of crimes; main legal characteristics of such procedural actions are specified. Mistakes that subjects of crime investigation make while obtaining evidence that causes loss of a large part of evidence at the stage of the trial, are considered. Specifics and modern possibilities of forensic video and audio analysis for investigation of such crimes are highlighted; it was found out exactly what information from investigated records is used by investigative bodies and for what purpose. An analysis of the tasks solved thanks to video and sound recording expertise and their role in law enforcement activities for further use in court proceedings was carried out. On the basis of researched materials, attention is focused on the results of forensic examinations contributing to resolution of topical issues regarding qualification of acts and circumstances of committed crimes in the field of human trafficking and exploitation of such people, as well as strengthens the evidence base in the case. There are a number of requirements for the proper preparation of materials for forensic video and audio analysis.
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