Kavierina T., Kryvonos M. The misidentification of the deceased person beyond visual recognition within the pre-trial investigation: problematic issues and legal consequences

https://doi.org/10.33098/2078-6670.2023.16.28.117-125

Objective. The purpose of the article is to highlight the issues of misidentification of a person within the framework of pre-trial investigation of criminal proceedings on the facts of discovery of corpses of unidentified persons which are not subject to visual identification. The author focuses on the stages and procedure for identification of a deceased person, as well as on some legal consequences of misidentification and ways to eliminate them. Methodology. The methodological basis of the study is the results of the practical experience of one of the authors of the article during his practical work in the pre-trial investigation unit of the National Police of Ukraine during 2015-2021. Results. The author concludes that it is inadmissible for investigators and experts to make mistakes in the identification of the dead in situations where identification of the body is impossible due to various factors, including force majeure, because incorrect identification of a person within the pre-trial investigation may lead to confusion in the transfer of the deceased’s body to the family, incorrect execution of title documents, and other consequences that will seriously affect the fate of the deceased’s family in terms of moral and material (social) security.  This situation is typical for the discovery of bodies of deceased persons (military and civilian) in places of spontaneous burials, including mass graves, as a result of hostilities, temporary occupation of certain regions, which were recorded after de-occupation and stabilization measures in certain regions of Ukraine. Scientific novelty. The work of legal experts has hardly been devoted to the study of the identification of the bodies of the dead during the pre-trial investigation, partly limited to the analysis of certain rules on the legal grounds and tactics of conducting a crime scene inspection or exhumation, while forensic scientists have been more concerned with this issue. Therefore, the scientific novelty of the authors’ work is based on practical developments and supported by knowledge in the field of criminal procedure and forensics, which is timely and extraordinary. Practical significance. The conducted research and analysis of the problem, supported by practical experience, will contribute to a deeper understanding of the problem of misidentification of the deceased person beyond visual recognition and acquires a recommendation content for synergy in the work of pre-trial investigation and forensic medicine specialists.

Key words: identification of a person, places of spontaneous burials, criminal proceedings, war crimes, premeditated murder, inspection of the scene, biological samples, forensic medical examination, molecular genetic examination, de-occupied territories.

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