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PROTOCOL for checking readings on site

On-site verification of evidence began at 3 p.m. 20 minutes.

The on-site verification was completed at 4 p.m. 10 min.

Senior investigator of the investigative department of the Sovetsky District Department of Internal Affairs of the city of Ensk, senior lieutenant of justice Golovko M.M. in the presence of witnesses:

1. Levykin Nikolai Nikolaevich, living: Ensk-300099, st. Stroiteley, 25, apt. 19 (dt. 22-33-15);

2. Astimandorov Gennady Nikolaevich, living: Ensk-300099, st. Mechanics, 66, apt. 99 (t.r. 31-99-35)

with the participation of the accused Kobanov M.M. and a specialist - senior forensic expert of the ECC of the Sovetsky District Department of Internal Affairs of the city of Ensk, police lieutenant Novikova L.M., in accordance with Art. 194 10 of the Code of Criminal Procedure of the Russian Federation, checked on the spot the testimony of the accused Kobanov M.M. in criminal case No. 01116611-0*.

At the very beginning of the on-site verification, the persons involved are explained their rights, duties, responsibilities, as well as the procedure for conducting the on-site verification.

Witnesses: N.N. Levykin G.N. Astimandorov Specialist: L.M. Novikova Accused: M.M. Kobanov

The rights and obligations of the accused, provided for in Art. 47 of the Code of Criminal Procedure of the Russian Federation, explained and understandable to me. It was also explained to me that in accordance with Art. 51 of the Constitution of the Russian Federation, I am not obliged to testify against myself, my wife and other close relatives, the circle of whom is defined in paragraph 4 of Art. 5 Code of Criminal Procedure of the Russian Federation.

Accused: M.M. Kobanov

At the same time, at the very beginning of checking the testimony on the spot, their rights, duties and responsibilities under Art. 60 Code of Criminal Procedure of the Russian Federation.

Witnesses: N.N. Levykin G.N. Astymandorov

The investigator verified the competence of Lyudmila Mikhailovna Novikova as a specialist, found out her relationship to the suspect, accused and victim and explained her rights, duties and responsibilities, including those provided for in Art. 58 Code of Criminal Procedure of the Russian Federation.

Specialist: L.M. Novikova

The participants were also informed about the use of technical means: a Sony 900 video camera by specialist L.M. Novikova.

The readings were checked on site in clear sunny weather with good natural light.

At the very beginning of checking the testimony on the spot, Kobanov M.M. asked to indicate the place where his testimony would be checked.

Kobanov M.M. indicated the way to hostel No. 8, located at the address: Ensk, st. Sergeeva, house. 1 "in". Pointing to the door of the hostel, Kobanov M.M. explained that on 10/04/201* at 10 p.m. he, together with I.I. Bezlichenko. and Rikharev K.K. entered this building. After this Kobanov M.M. pointed to the stairs, and all participants in checking the testimony went up to the 3rd floor indicated by the accused. For Kobanov M.M. The group members turned right from the stairs, walked along the corridor and stopped opposite room N 311. Kobanov M.M. pointed to her, explaining that it was in this room that he, together with I.I. Bezlichenko. and Rikharev K.K. stayed overnight from 04 to 05.10.201*. After this, M.M. Kobanov, followed by the participants in checking the testimony, entered the above room. Kobanov M.M. walked up to the bed that stood to the left of the window, and, bending down, showed a place on the floor next to the bed, from where on October 5, 201*, at about 6 o’clock, he stole shoes belonging to O.O. Elin.

By checking the evidence on the spot, it was established: Kobanov M.M. the location of the dormitory, the room from which the shoes were stolen, and the exact location where the stolen shoes were located are known.

During the verification of the evidence, video recording was made on site.

A video cassette "BASF E-180" is attached to the on-site test report.

Before, during or after the verification of testimony on the spot from the participating persons: witnesses Levykin N.N., Astimandorov G.N., accused Kobanov M.M. and specialist Novikova L.M. no applications were received.

On-site verification of evidence began at 3 p.m. 20 minutes.

The on-site verification was completed at 4 p.m. 10 min.

1. Levykin Nikolai Nikolaevich, living: Ensk-300099, st. Stroiteley, 25, apt. 19 (dt. 22-33-15);

2. Astimandorov Gennady Nikolaevich, living: Ensk-300099, st. Mechanics, 66, apt. 99 (t.r. 31-99-35)

with the participation of the accused Kobanov M.M. and a specialist - senior forensic expert of the ECC of the Sovetsky District Department of Internal Affairs of the city of Ensk, police lieutenant Novikova L.M., in accordance with Art. 194<10>Code of Criminal Procedure of the Russian Federation, carried out an on-site verification of the testimony of the accused Kobanov M.M. in criminal case No. 01116611-0*.

At the very beginning of the on-site verification, the persons involved are explained their rights, duties, responsibilities, as well as the procedure for conducting the on-site verification.

Witnesses: N.N. Levykin

G.N. Astymandorov

Specialist: L.M. Novikova

Accused: M.M. Kobanov

At the same time, at the very beginning of checking the testimony on the spot, their rights, duties and responsibilities under Art. 60 Code of Criminal Procedure of the Russian Federation.

Witnesses: N.N. Levykin

G.N. Astymandorov

Specialist: L.M. Novikova

The participants were also informed about the use of technical means: a Sony 900 video camera by specialist L.M. Novikova.

The readings were checked on site in clear sunny weather with good natural light.

At the very beginning of checking the testimony on the spot, Kobanov M.M. asked to indicate the place where his testimony would be checked.

During the verification of the evidence, video recording was made on site.

A video cassette "BASF E-180" is attached to the on-site test report.

Witnesses: N.N. Levykin

G.N. Astymandorov

Specialist: L.M. Novikova

Accused: M.M. Kobanov

Upon completion of the verification of the testimony on the spot, the protocol of the investigative action is presented to its participants for reading, and the relevant video recording materials for review.

The protocol was read aloud by the investigator, and the video recordings were reproduced. There are no comments on the protocol or video recording.

Witnesses: N.N. Levykin

G.N. Astymandorov

Specialist: L.M. Novikova

Accused: M.M. Kobanov

This protocol has been drawn up in accordance with Art. 166 and 167 of the Code of Criminal Procedure of the Russian Federation.

Senior investigator

Department of the Sovetsky District Department of Internal Affairs of Ensk

Senior Lieutenant of Justice M.M. Golovko

Conclusion

Typical situations for conducting on-site verification of readings

The literature indicates four situations in which there is a need to check and clarify indications, namely when:

in the testimony of the interrogated person there is data about a significant place or route that he could not name or describe in such a way that the investigator received a complete picture of it, eliminating the need for their direct perception;
the testimony of the interrogated person contains information about the location of any traces of the crime or objects that can serve as material evidence in the case;
it is necessary to compare the testimony of two or more persons regarding an event that occurred in certain place, or the route to this place;

4. The testimony of the interrogated person contains information about the situation in the place where the event under investigation occurred.

In such cases, when checking the testimony on the spot, it is sometimes possible to restore this situation, and thereby verify the person’s awareness of the circumstances of the event.

Bibliography

Regulatory material:

1. Constitution Russian Federation. – M.: Spark, 2008. – 91 p.

2. Criminal Procedure Code of the Russian Federation. – M.: Spark, 2009. – 278 p.

Special literature:

1. Vlasenko N. Tactics of checking testimony on the spot // Legality. 2008. No. 1. – pp. 21-23.

2. Belousov V.I. Theory and practice of checking evidence on the spot during a preliminary investigation. Monograph / Ed. A.I. Natures. - Kislovodsk: KSTI, 2004. – 129 p.

3. Belousov V.I., Natura A.I. Verification of testimony on the spot during the preliminary investigation: Scientific and practical manual. - M.: Publishing house "Yurlitinform", 2006. - 156 p.

4. Vlasenko N. Checking testimony on the spot // Legality. 2002. No. 6. – P. 32-33.

5. Investigative actions according to the Criminal Procedure Code of the Russian Federation /V. M. Bykov, E. S. Zhmurova // Jurisprudence. -2008.-No.2.

6. Criminal Procedure Code of the Russian Federation. - Novosibirsk: Siberian University Publishing House, 2009.

7. Gviliya D.M., Yudin N.M. New ideas about the essence of checking testimony on the spot (Article 194 of the Code of Criminal Procedure of the Russian Federation) // Russian investigator. 2007. No. 4. – P. 18-20.

8. Forensics: Textbook / Ed. V.A. Obraztsova. – M.: Yurist, 2002. – 735 p.

9. Forensics: Textbook / Ed. N.P. Yablokov. – M.: Lawyer, 2002. – 718 p.

10. Forensics. Lecture course: Tutorial for universities / Ed. T.S. Kobtsova, N.V. Kormushkina. – M.: “Exam”, 2005. – 352 p.

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