It was established by checking the indications on the spot. Protocol

Sample, example of compiling and filling out the form.

PROTOCOL
on-site checks

On-site verification began at 3:00 p.m. 20 minutes.
On-site verification ended at 4 p.m. 10 min.

Senior investigator of the investigative department of the Soviet 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. Builders, d. 25, apt. 19 (d.t. 22-33-15);
2. Astimandorov Gennady Nikolaevich, living: Ensk-300099, st. Mechanikov, d. 66, apt. 99 (p. 31-99-35)

with the participation of the accused Kobanova M.M. and a specialist - a senior forensic expert of the ECC of the Soviet 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, made an on-the-spot check of the testimony of the accused Kobanov M.M. in criminal case N 01116611-0*.

At the very beginning of the verification of testimony on the spot, the participating persons were explained their rights, duties, responsibilities, as well as the procedure for verifying the testimony on the spot.

N.N. Levykin
G.N. Astimandor

Specialist:

L.M. Novikov

Accused:

MM. Kobanov

The rights and obligations of the accused under Art. 47 of the Code of Criminal Procedure of the Russian Federation, they explained and understood 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 which is defined in paragraph 4 of Art. 5 Code of Criminal Procedure of the Russian Federation.

Accused:

MM. Kobanov

Witnesses simultaneously at the very beginning of the verification of testimony on the spot explained their rights, duties and responsibilities under Art. 60 Code of Criminal Procedure of the Russian Federation.

N.N. Levykin
G.N. Astimandor

The investigator ascertained the competence of Lyudmila Mikhailovna Novikova as a specialist, found out her attitude towards the suspect, the accused and the 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. Novikov

Participants were also informed about the use of technical means: video cameras "Sony 900" by specialist Novikova L.M.

On-site verification of readings was carried out in clear sunny weather with good natural light.

At the very beginning of the verification of testimony on the spot, Kobanov M.M. it was proposed to indicate the place where his testimony would be verified.

Kobanov M.M. pointed out the way to hostel N 8, located at the address: Ensk, st. Sergeev, house. 1 "in". Pointing to the door of the hostel, Kobanov M.M. explained that on 04.10.201* at 22 o'clock he, together with Bezlichenko I.I. and Rikharev K.K. entered this building. After that Kobanov M.M. pointed to the stairs, and all participants in the verification of testimony went up to the 3rd floor indicated by the accused. For Kobanov M.M. the members of the group turned right from the stairs, went along the corridor and stopped in front of room N 311. Kobanov M.M. pointed to her, explaining that it was in this room that he, along with Bezlichenko I.I. and Rikharev K.K. stayed overnight from 04 to 05.10.201*. After that, Kobanov M.M., and after him the participants in the verification of testimony, went into the above room. Kobanov M.M. went up to the bed, which was to the left of the window, and, bending down, showed a place on the floor next to the bed, from where on 05.10.

By checking the testimony on the spot, it was established: Kobanov M.M. the location of the dormitory, the room from which the theft of the boots was committed, and the exact place where the stolen boots were located are known.

During the verification of testimony on the spot, video filming was made.

A video cassette “BASF E-180” is attached to the on-site verification protocol.

Before, during or after the verification of testimony on the spot from the participating persons: attesting witnesses Levykina N.N., Astimandorov G.N., the accused Kobanova M.M. and specialist Novikova L.M. applications have not been received.

N.N. Levykin
G.N. Astimandor

Specialist:

L.M. Novikov

Accused:

MM. Kobanov

Upon completion of the on-site verification of testimony, the protocol of the investigative action was presented to its participants for reading, and the relevant video materials for familiarization.

The protocol was read aloud by the investigator, the materials of the video were played back. There are no comments on the protocol and video recording.

N.N. Levykin
G.N. Astimandor

Specialist:

L.M. Novikov

Accused:

MM. Kobanov

This protocol is drawn up in accordance with Art. 166 Code of Criminal Procedure of the Russian Federation.

Senior Investigator
departments of the Soviet District Department of Internal Affairs of the city of Ensk
senior lieutenant of justice M.M. Golovko

On-site verification began at 3:00 p.m. 20 minutes.

On-site verification ended at 4 p.m. 10 min.

Senior investigator of the investigative department of the Soviet 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. Builders, d. 25, apt. 19 (d.t. 22-33-15);

2. Astimandorov Gennady Nikolaevich, living: Ensk-300099, st. Mechanikov, d. 66, apt. 99 (p. 31-99-35)

with the participation of the accused Kobanova M.M. and a specialist - a senior forensic expert of the ECC of the Soviet 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, made an on-the-spot check of the testimony of the accused Kobanov M.M. in criminal case N 01116611-0*.

At the very beginning of the verification of testimony on the spot, the participating persons were explained their rights, duties, responsibilities, as well as the procedure for verifying the testimony on the spot.

Witnesses: N.N. Levykin

G.N. Astimandor

Specialist: L.M. Novikov

Defendant: M.M. Kobanov

The rights and obligations of the accused under Art. 47 of the Code of Criminal Procedure of the Russian Federation, they explained and understood 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 which is defined in paragraph 4 of Art. 5 Code of Criminal Procedure of the Russian Federation.

Defendant: M.M. Kobanov

Witnesses simultaneously at the very beginning of the verification of testimony on the spot explained their rights, duties and responsibilities under Art. 60 Code of Criminal Procedure of the Russian Federation.

Witnesses: N.N. Levykin

G.N. Astimandor

The investigator ascertained the competence of Lyudmila Mikhailovna Novikova as a specialist, found out her attitude towards the suspect, the accused and the 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. Novikov

Participants were also informed about the use of technical means: video cameras "Sony 900" by specialist Novikova L.M.

On-site verification of readings was carried out in clear sunny weather with good natural light.

At the very beginning of the verification of testimony on the spot, Kobanov M.M. it was proposed to indicate the place where his testimony would be verified.

Kobanov M.M. pointed out the way to hostel N 8, located at the address: Ensk, st. Sergeev, house. 1 "in". Pointing to the door of the hostel, Kobanov M.M. explained that on 04.10.201* at 22 o'clock he, together with Bezlichenko I.I. and Rikharev K.K. entered this building. After that Kobanov M.M. pointed to the stairs, and all participants in the verification of testimony went up to the 3rd floor indicated by the accused. For Kobanov M.M. the members of the group turned right from the stairs, went along the corridor and stopped in front of room N 311. Kobanov M.M. pointed to her, explaining that it was in this room that he, along with Bezlichenko I.I. and Rikharev K.K. stayed overnight from 04 to 05.10.201*. After that, Kobanov M.M., and after him the participants in the verification of testimony, went into the above room. Kobanov M.M. went up to the bed, which was to the left of the window, and, bending down, showed a place on the floor next to the bed, from where on 05.10.

By checking the testimony on the spot, it was established: Kobanov M.M. the location of the dormitory, the room from which the theft of the boots was committed, and the exact place where the stolen boots were located are known.

During the verification of testimony on the spot, video filming was made.

A video cassette "BASF E-180" is attached to the on-site verification protocol.

Before, during or after the verification of testimony on the spot from the participating persons: attesting witnesses Levykina N.N., Astimandorov G.N., the accused Kobanova M.M. and specialist Novikova L.M. applications have not been received.

Witnesses: N.N. Levykin

G.N. Astimandor

Specialist: L.M. Novikov

Defendant: M.M. Kobanov

Upon completion of the on-site verification of testimony, the protocol of the investigative action was presented to its participants for reading, and the relevant video materials for familiarization.

The protocol was read aloud by the investigator, the materials of the video were played back. There are no comments on the protocol and video recording.

Witnesses: N.N. Levykin

G.N. Astimandor

Specialist: L.M. Novikov

Defendant: M.M. Kobanov

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

Senior Investigator

departments of the Soviet District Department of Internal Affairs of the city of Ensk

senior lieutenant of justice M.M. Golovko

Conclusion

Typical Situations for On-Site Testing

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

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

4. The interrogated person's testimony contains information about the situation at the place where the event under investigation took place.

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

Bibliography

Regulatory material:

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

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

Special literature:

1. Vlasenko N. Tactics of verification of testimony on the spot // Legitimacy. 2008. No. 1. - S. 21-23.

2. Belousov V.I. Theory and practice of verification of testimony on the spot during the preliminary investigation. Monograph / Ed. A.I. Nature. - 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 guide. - M.: Publishing house "Yurlitinform", 2006. - 156 p.

4. Vlasenko N. Verification of testimony on the spot // Legitimacy. 2002. No. 6. - S. 32-33.

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

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

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

8. Criminalistics: Textbook / Ed. V.A. Obraztsova. - M.: Jurist, 2002. - 735 p.

9. Criminalistics: Textbook / Ed. N.P. Yablokov. - M.: Lawyer, 2002. - 718 p.

10. Criminalistics. Course of lectures: Textbook for universities / Ed. T.S. Kobtsova, N.V. Kormushkin. - M .: "Exam", 2005. - 352 p.

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In order to establish new circumstances relevant to the criminal case, testimony previously given by the suspect or accused, as well as by the victim or witness, may be checked or clarified on the spot associated with the event under investigation.

Verification of testimony on the spot consists in the fact that the previously interrogated person reproduces the situation and circumstances of the event under investigation on the spot, points to objects, documents, traces that are important for the criminal case, and demonstrates certain actions. Any outside interference in the course of the check and leading questions are unacceptable.

Simultaneous on-site verification of the testimony of several persons is not allowed.

When drawing up a protocol for verifying testimony on the spot in the course of this investigative action, greater accuracy is ensured in reflecting all the events shown, explained and discovered at the scene, on the way to it or from it. If objective conditions (for example, driving a car on uneven roads) practically do not allow this, the investigator must keep a detailed draft record, according to which it will be possible to draw up the full text of the protocol in the future.

The protocol can be written by hand or produced using technical means.

The on-site verification protocol consists of three parts: introductory, descriptive and final.

In the introductory part the date and place of the verification of testimony on the spot, the time from which the ongoing investigative action began and the time of its completion, the position, title and surname of the investigator, surnames, first names and patronymics and addresses of witnesses, surnames, initials and official position of persons participating in the investigative action are indicated.

Then reference is made to Art. 194 of the Criminal Procedure Code of the Russian Federation, in accordance with which this investigative action is being carried out, an indication of the procedural status and data of the person whose testimony is being verified, and the number of the criminal case in which it is being carried out.

The protocol must also contain a record of explaining to the participants in the investigative actions their rights, duties, responsibilities and the procedure for conducting the investigative action, which is certified by the signatures of the participants in the investigative actions.

Also, it should be noted in the protocol that the persons participating in the investigative action were warned in advance about the use of technical means in the course of the investigative action.

In addition, the state of the weather is indicated, since it is essential for the correct perception of the process and results of the verification of testimony on the spot, as well as for the correct orientation of the person whose testimony is being verified in the environment. After that, the person whose testimony is being checked is invited to indicate the place where his testimony will be checked, and the answer of this person is indicated. If the movement of the participants was carried out to the place where the testimonies will be checked on the spot, by car, then its type is indicated, the possibility of viewing the environment from it.

In the descriptive The protocol describes the procedural actions in the order in which they were performed. At the same time, the starting point is indicated, where the promotion of its participants began, what was the order of their location (where were the person whose testimony was being checked, the witnesses and the investigator, as well as other invited persons), the content of the questions and proposals of the investigator, instructions, explanations and actions of the person , whose testimony is being checked, during the movement to the place of the event and upon arrival at the place, a description of the objects and other factual data indicated by this person is given. At the same time, their location on the ground (or indoors), their general condition and individual characteristics are indicated, if they are related to the place under investigation and the event on it, and in general, are of interest for the investigation of the case. Along with this, other circumstances are described that will be established by the investigator independently, without the help of the person whose testimony is being verified, when studying the entire situation at the scene of the event, if they are relevant to the case.

All questions and instructions of the investigator are recorded in the protocol in the third person, and explanations and instructions of the person whose testimony is being verified - in the first person. The instructions given by the latter by means of gestures or other conventional signs are described with a thoroughness that makes it possible to understand their meaning.

As for the various circumstances related to the peculiarities of the location of objects and traces at the scene of the event or on the approaches to it, with the individual characteristics of the objects themselves, when describing them, the investigator must proceed from the specific circumstances of the case, take into account their significance for the investigation, for the correct assessment of testimony and actions of the person whose testimony is being verified.

In the final part protocol, the technical means used in the performance of the investigative action, the objects and documents attached to it (photographic negatives and photographs, films, transparencies, phonograms, video cassettes, computer information carriers, drawings, plans, diagrams, casts and prints of traces made during the production investigative action - part 8 of article 166 of the Code of Criminal Procedure of the Russian Federation).

After that, the protocol is presented for familiarization to all persons participating in the investigative action. At the same time, the indicated persons were explained their right to make comments, specified and certified by the signatures of these persons, to be included in the protocol on its addition and clarification. After that, the method of familiarizing the persons with the protocol is indicated: by personal reading or announcement of the protocol by the investigator (interrogating officer). All persons who participated in the investigative action shall sign this protocol in the places provided for this.

Materials of the criminal case against Klykov.

Write a notice to the victim that the investigation is over.