Presentation of a corpse for identification under martial law

Abstract

The article is devoted to the analysis of the investigative (search) action: presentation for identification of a corpse under martial law. It is noted that this type of identification has significant differences from other types, both in terms of the specificity of the object of identification, and in terms of the goals and objectives that must be achieved and fulfilled during its conduct, and therefore the procedural rules for its conduct have certain peculiarities. It is emphasized that, first of all, during the pre-trial investigation, the identification does not take place of the corpse as such, but of an unknown person whose corpse has been found, or of a person whose identity is in doubt.

It is emphasized that most often during martial law in Ukraine, an inspection of the scene of the incident is carried out, but the presentation of the corpse for identification takes second place among the most frequent investigative (search) actions.

The thesis is substantiated that in order to identify and record information about the circumstances of the commission of a criminal offense, the investigator and prosecutor conduct an inspection of the scene of the crime (Article 237 of the Code of Criminal Procedure of Ukraine). The examination of the corpse is carried out with the mandatory participation of a forensic medical expert or doctor, if it is impossible to involve a forensic medical expert in time. After the examination, the corpse is subject to mandatory referral for forensic medical examination to establish the cause of death (Article 238 of the Code of Criminal Procedure of Ukraine).

It has been proven that one of the most effective investigative (search) actions of an identification nature, the need for which may arise during the investigation of the vast majority of criminal offenses, is presentation for identification. The practical importance of this investigative (search) action has led to constant attention to it by the sciences of criminology and criminal procedure, in which the specified investigative (search) action has been considered in various aspects for a long time.

It is noted that the procedural procedure for presenting a corpse for identification is regulated by the norms of the Criminal Procedure Code of Ukraine, compliance with which is mandatory and strict. Failure to comply with the procedural rules for conducting an investigative (search) action is a violation of the law and entails its recognition as legally invalid and inadmissible.