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 odorolog
ó 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 and
n dried without putrefactive processes particles of the human body;
 - personal
n things (wearing apparel, footwear), cigarette butts;
 - instrumentalities of
n 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 - 15
õ20 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 detection
n of olfactory traces;
   - individual smell the same person in the olfactory
n traces from different places of accidents;
   - accessory items of specific
n person;
   - additional data in an integrated study of forensic objects
n 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.