Head of the Legal Department,
Ph.D., associate professor
Tileubergenov Erazak Manapovich
KazNPU after Abai, Almaty
Criminalistik
methods and means of fixing, removal and study of odorologó traces
Method of forensic odorologó arising at the intersection of criminology and
investigation dog, represents a new level of human scent in the detection and
investigation of crimes. Odor -
continuously produced and allocated biological organisms or physical bodies
evaporates volatile compound, having stable characteristics that can affect the
olfactory receptors of animals and cause some sensation. The smell has a number
of properties such as volatility, diffusion, the continuity of the process of
elimination, the relative stability, diffusion, divisibility, dynamism,
solubility, adsorption. All these properties have a physical nature.
It is known that individual human
odor depends primarily on the state of the sources of its secretions: sweat,
sebaceous glands, whose livelihoods subject to
age-related changes, the relative immutability of smell is in a smaller
time interval than, for example, the immutability of the handwriting or
naturally papillary pattern. However, the period during which the smell of
human remains unchanged, as the extensive practice, evidences is sufficient for
widespread use of data in identifying and solving crimes.
The source of the individual odor of people are
genetically determined by the composition of volatile metabolites, found in
sweat and fat secretions and blood. Possibility of individual odor retained the
surface of objects with which the subject comes into contact, leads to the
formation of his odorologó (olfactory)
traces. Traces of individual scent, possessing a resistance in the external
environment is not perceived by the human sense of smell, and therefore are not
controlled and, therefore, they are not destroyed by the subject - the source
of olfactory marks, keeping information about him, as the participants of the
event (1).
Odorologó method captures
characteristic odorants in human subjects a material situation of the site, to
save them for the entire period of investigation and use in verifying the
involvement of a specific subject to the crime.
Cynological study of odorology objects bases on the specific
ability of the olfactory analyzer of dogs quickly enough to remember asked them solo Odoriferous complexes of
people (and animals) and recognize them as in fresh specimens and stored in a
(dormant), including trace amounts and in mixtures with other odors. (2)
Using traces of smell to detect and
prosecute criminals, the search of stolen property, the establishment of items
belonging to a particular person has been an effective means of inquiry. Our
practice of the application-detecting dogs as to work on the trail, as for the
sample repeatedly proved the validity of the use of this living analyzer of
smells, its unsurpassed resolution and the ability to operate in a narrow range
of odors. Using odorologó traces at the
scene includes the detection, fixation, removal and direct use of them for
organizing the search of people and things in hot pursuit. Odorologó traces can be used in the further course of the
preliminary investigation to obtain evidence information.
The air with traces of the odor is
removed during the inspection of the scene on the basis of Art. 256 Code of
Criminal Procedure and in accordance with Art. 121 of the same Code of Criminal
Procedure, which includes a list of exhibits "all the other items that may
serve as a means of detecting crime, the establishment of facts, identify those
responsible ...».
Preservation of olfactory traces
till the arrival at the scene of the accident of the investigation group is in
the system of measures for its protection, the organization is vested in to the
duty of the city police department, the district police department, and it is based on eliminating the conditions
that can lead to the disappearance (loss) of olfactory traces (e.g., as a result
of the draft) or the imposition on the trace of olfactory traces of
unauthorized persons, animals, etc.
The discovery of traces - the
sources of the smell - a very difficult task, requiring actors to identify and
solve crimes, first of all, analyze the mechanism of the events of the incident
and build versions of the likely behavior of the subjects of criminal activity.
(3)
First of all, when a survey of
complainants, witnesses, victims, as well as those protecting IP, specifies the
location of objects, which may have Odoriferous traces, the most convenient
ways of approach to them, the changes in the climate of the scene. For the
removal of olfactory traces there could
be used places where the offender hid. Removal of olfactory
traces should be made before the active part of the inspection, after
photographing and after the application of detection dogs.
Objects from which removed
Odoriferous traces are marked with numbered signs, which do not change until
the end of the inspection. Odoriferous traces of objects which are not
identified in the scoping acquaintance, removed as they are discovered and it
is immediately disclosed to the investigator, who, together with forensic
specialist decides whether seizure of data traces. It should be noted that the
removal of olfactory traces should not lead to destruction or damage of
facilities where they are located, if such a risk exists, then before removing
the object is photographed by the rules of scale photography.
When collecting olfactory traces
there should be kept in mind that the shelf life and suitability for trace
analysis significantly affect the time, atmospheric factors, some physiological
parameters and habits of a man. When choosing how the exemptions should be
taken into account and integrated trace forming. We recommend a selection of
smell with the sites on which other tracks are missing (not suitable for
further study) or selected object with the worst marks. Olfactory traces
collected from several similar objects (such as footprints) is carried out
primarily with objects not suitable for forensic identification by traditional
methods or containing fewer features, as well as with those against whom there
is no danger of damage or destruction. Removal of olfactory traces of
inappropriate sites, the relevance of which to the crime is questionable, as
well as from subjects which were in a short contact with the perpetrator.
The decision on whether or not an
object with olfactory traces in the crime, if it is not obvious to participants
of inspection, is adopted by the
investigator based on the data review and subsequent phases of the inspection
of MPs, the evidence collected, the results of a preliminary study material
evidence to MPs, etc.
The objects actually contain traces
of Odoriferous MP. can be:
- dried blood stains, hair, nail edge,
separated andn dried without putrefactive
processes particles of the human body;
- personaln things (wearing
apparel, footwear), cigarette butts;
- instrumentalities ofn crime or objects
that contain at least an hour in contact with the body of a living person;
- traces of shoes, feet.
Working with olfactory traces - is
a set of tactics for the application of technical means of forensic odorology
to detect, fix and use include the following in the identification and solving
of crimes.
Technical means of fixing and
collecting olfactory signs include: devices and instruments for detecting and
confiscating olfactory traces and objects for preservation and conservation of
smell (cotton napkins - 15õ20 cm, aluminum
foil, cans, glass, glass or metal lids, packaging material, tweezers, scissors
, spatula, spray with water, collotype).
Preparation of the collection and
preservation of olfactory should be carried out with one hands,protected by clean
rubber gloves.
Collection olfactory should be
implemented through a long (at least an hour) contact of the cotton napkins
with the object carrier of olfactory trace. To do this, from the collection
prepared by the olfactory traces of banks (or packaging of the foil) is
extracted Flap cotton napkins, straightening his forceps on a piece of foil and
without touching with his hands, along with a foil plot is imposed to a subject
where it is assumed the existence of olfactory trace, previously lightly moistened
with water media an atomizer. It should not touch the hands of the foil surface
facing the cotton napkins.
Adsorption on an artificial
olfactory trace media - the most advanced method of fixation.
In compiling the olfactory traces
of clothing purchased plots, which are in direct contact with the body, provide
intimate contact with them, 2.4 rag-cotton towels and roll clothes with cotton
napkins, fixing of with twine or duct tape.
To collect olfactory traces of
shoes cotton napkins are covered with foil and pressed to the inner surface of
the shoe, compacted crumpled paper or cloth.
Next on the flat horizontal surface
of cotton cloths, covered with foil, should be pressed, for example, with loose
soil, placed in a plastic bag. If the olfactory trace is located on the object
with a curved surface (handle of guns, a bottle, steering wheel, etc.), an
object is wrapped in a scrap of cotton napkins and 2-3 layers of foil, using a
cotton cloths tightly to the wearer of olfactory traces. To strengthen the
cotton napkins and foil on the subject of media can also use yarn, tape, rubber
ring. In compiling the olfactory traces with vertical and overhanging surfaces
for tight junction of cotton napkins and trace should be applied, and stops of
improvised means. (4)
Following the collection of
olfactory traces of the foil is removed, and tissue with forceps are
transferred in the jar tightly closed
with a lid and it is sealed by a swipe with the collected odor wrap for short
storage of 3-4 layers of foil.
Odoriferous traces left on a
relatively small objects, subject to preservation in jars along with the
subject vehicle.
Then the bank or parcel of foil is
packed according to general rules and it is provided with a label (tag), at which they point the date
and place of seizure of olfactory
trace, for what purpose (the fact) the exemptions was made, the material trace
of the carrier, the time of adsorption, details of witnesses and experts
seizing the trace.
Odoriferous traces usually contain
impurities of various odorous substances, which may adversely affect the
results of identification, especially with regard to olfactory traces of
biological origin, so to control the same they way revoke olfactory trace with
sections of the object carrier, on which there is no presence of olfactory
traces. Sources of additional olfactory inclusions can be, and so-called
"new Odoriferous traces" of the environment (domestic and industrial,
Odoriferous traces of animals, etc.) that must be collected as an auxiliary
(reference) samples. To this aim, in a room where has been confiscated
Odoriferous traces, not far from their sites, on subjects that do not contain
traces of human olfactory clean rags napkins are placed. Time of collection of
baseline olfactory traces the same as that of a collection of olfactory traces
of objects.
For better preservation seized
Odoriferous traces and background traced Odoriferous with a cover letter are
sent to the laboratory.
It should also be dwelt on the
methods of detection and fixing of traces-odors. Traces of smells is the cloud
of molecules dissolved in the air, the source of which in this place is absent.
If in the room gasoline or spirits were kept in an open vial, then immediately
after the removal of odorous substances in the room for a long time there will
remain its smell. Such signs, as the source of smell in this place it is very
unstable, rapidly dispersed in the environment. Therefore, the practical use of
trace-odor detected in open areas, depends on the speed of their fixation with
the suction device.
Fixation of traces in the absence
of its source, for example, the smell of human sleeping in the room if the room is not ventilated,
as the fence is made of molecules of smell directly capacitance. Polyethylene
flask is compressed, summed up to with a neck to the track and relieve the
compression load. Flask is crushes and draws inward from the surface trace of
the air with the odor molecules. Flask quickly hermetically closed. It is known
that the smell in such remains conditions about 20 hours after the departure of
persons from the premises.
Under laboratory conditions
Odoriferous samples from blood samples and small-sized objects are taken in a
special device through conservation of preparirated microtraces of objects,
particles, fibers and fingerprints, which doesn’t prevent their subsequent
analysis of other forensic methods.
To carry out a full forensic
investigation of seized olfactory traces to specialists is not enough only dog
studies skills. Requires knowledge of general methods of work with material
evidence, skill and experience of their research in appropriate situations,
which is possible only after a special expert training in forensic units.
Currently, the Ministry of Internal
Affairs of Kazakhstan a laboratory method of identification of individual
scents of people is used with the help of specially trained dogs, developed in
the expert forensic center of Russia, which is based on the unique characteristics
of smell and higher nervous activity of dogs.
Laboratory study of olfactory
traces, seized at the scene as evidence, is used to establish the following:
- involved in the accident and their
role on-site detectionn of olfactory traces;
- individual smell the same person in
the olfactoryn traces from different places
of accidents;
- accessory items of specificn person;
- additional data in an integrated
study of forensic objectsn smell carries.
Dog studies choice of canned
olfactory should be made by two specialists in several stages, it is different
in formulation of the issue being addressed and a logical construction of
olfactory traces in a selective series.
Dog-detectors are used if they have
a balance of nervous processes in the absence of extraneous stimuli, and the
optimum conditions in the room (air temperature 20 Ñ and relative humidity of not less than 60%), where on
the floor of the containers are placed
banks of olfactory traces
prepared for specific phase of comparative study.
Every start-up of the animal to
find a given olfactory signals pose a trace ends in a selective number in the
test and standard (or only in reference) olfactory traces. At any stage of
selection it is unclear (fuzzy) object of study allocation of a dog for a given
odor requires the use of another dog that demands expertise in the efficient
use of available dogs detectors.
Working of dogs detectors is taken
into account only in case of its reference to olfactory traces, at testing to
its normal functional status of its olfactory analyzer in the time of
application.
Based on records and recording work
with dogs detectors infers the presence or absence of the identity of an
individual human olfactory traces compared with objects in the sample.
Conductive sample specialists draw
up the results of identification in the form of certificates, which is sent to
the initiator of request.
In our opinion the order of
Procedure of production samples should be based on the general conditions
applicable to the investigation. Containing
odorological sample may
correspond to the action, referred to as "operational investigations"
sample, who which as the subject stands an
investigator and specialist odorologist who performs is functions
independently within his competence and given
rights.
In the production of odorological
sampling the specialist odorologist carries only part of the investigative
action - odorological identification. Taking into account he needs - obtaining
objective results of the study and his tasks, the main one is to establish the
presence or absence of identity between the olfactory traces and a model for
comparative studies the specialist odorologist chooses a tactical version of
the sample which is not beyond the approved instructions and produces it.
Conclusions on the results of the identification in all cases the specialist
makes.
It is also necessary to note, that in a
laboratory technique of the smell traces analysis the criteria inherent in
instrument methods of research today are introduced: estimations of smell
informative tests and the biodetector correct perception of the set parameter,
the common functional readiness of used means, homogeneity of the received
results. In the course of research the sufficiency and suitability of every
submitted smell tests for recognition
it’s factor, that individualizes
the object is defined; the smell of the person is established in general in the
tests samples; smell aspects, accompanying
live activity of the checked person (featured household, industrial smells) or occasionally got
components. At a level of reliability, going with the dactyloscopy, the
given technique allows to define persons involved in a crime.
As the results of odorological
(smell) samples can be used by the inspector in process of proving the criminal
case it is necessary to provide their reliability with corresponding procedural
guarantees. In this connection before having the odorological (smell)
identification the expert - odorologist, in our opinion, should be warned of
the criminal liability for the obviously false resolutions. In this case
carrying out the analogy between resolutions of the expert - odorologist and
the resolution of the expert is quite justified, as the specified measure is
directed on elimination of doubts in reliability of resolution formed by the
expert and maintenance of realization the principle of innocence presumption.
The technical aspect of the problem
puts forward a problem(task) of instrumental methods analysis development and
comparison of smells. This task still cannot be counted as the solved, despite
of the known successes received at the use of mass - spectrometry,gas and
liquid chromatography.
Today there are no techniques,
allowing to identify the person on smell traces with the help of instrumental
methods though about 30 years the question on creation of such technique is
considered by scientists - criminalists. It is connected not only to smaller
sensitivity and selectivity of detectors of a chromatography versus the
biodetector of a dog, but also that is not established, what group or a class
of substances of a smell carries in the individual information on the person
itself.
Proceeding from the data of person
smell research available now, it is offered two possible directions of
researches with the purpose of development of the person definition technique
of on the smell traces substances traces with the help of gas and liquid
chromatography.
The first direction is based on
statistical processing of very big number of the data gasochrometry divisions
of smell samples: à) one person - with washouts from various parts of a body,
blood, taken for a long time (influenced of a season, illness, feeding, the location) - with the purpose of
revealing stable components of a smell; á) people of different floor, age, race - with the purpose of establishing stable components of the smell
standing for individuality. The check of the received results correctness will
be the person chosen by a dog on the established stable components.
More perspective seems to be the
second direction of researches based on the following. The substances, carrying
the smell of a person in washouts from the surface of skin or hair consistently
divided on the big fractions, checking the presence of individual smell
components with the help of the dog - detector. Choosing the fraction, carrying
the individual information, further consistently divided into smaller fragments
and so until such fraction will be established by splitting which further
division of individual smell properties will be disappearing. This fraction is
being then investigated by chromato-mass-spectrometry method for establishing
the substances which are included in its structure. The division of components
into fractions is supposed to be carried out as chemical, and chromatografical
methods as well. (5)
In our opinion, similar research
will allow to get the substances determining an individual smell of the person.
These results can serve as the basis for creation the high-sensitivity detector
to these substances which will have sense for their qualitative and
quantitative identification.
Besides the general task – the
development and perfection of odorology means and methods of disclosing,
investigation and prevention of crimes, should not remain without attention the
private problems which contains:
development of new methods of the analysis and synthesis of smell molecules;
studying of smell bouquet structure; the creation of technical devices - detectors
which react to the certain groups of monosmells and metabolits, containing the
individual person smell, disclosing the sense of smell nature (processes of perception and recognition of
an individual smell of a certain object); studying the laws of smell
influence on physiology of an animal
and human-being, the development of principles
usage of odorology achievements in a struggle against criminality.
The usage of odorology in work of
law-enforcement bodies can and should be the powerful means providing the
increasing the disclosing efficiency, investigation and the prevention of
crimes and it opens wide prospects of its development.
Literature:
1. Belkin R.S.Course of the Soviet criminalistics. Ò.3 Means, Criminalistic
means, receptions and recommendations, M, 1979.
2. Saltevsky M.V.The usage of smell traces for disclosing and investigation of
crimes, Kiev, 1982.
3. Snetkov V.A., Starovoitov V.I.Criminalistic significance of smell
characteristics of a person (methodological aspect), M, 1990.
4.Kisin M.V.Use of a tinned smells in disclosing crimes, M, 1983.
5. Tambiev A.H.Vapouring of substance, smells and their biological value, M,
1974.
SUMMARY
The Article of Tileubergenov EM « Criminalistic methods and means of fixing,
withdrawal and research smell traces ».
In the article the author opens
problems of detection, fixing, withdrawal and research of smell traces on the
scene, investigates the contents of separate categories of Criminalistic smell
science.It Considers the factors influencing a choice of a way of withdrawal of
smell traces, their researches in laboratory conditions.It determines the basic
directions of perfection of instrument base of Criminalistic smell science.