Use of innovative technologies in criminalistics
- Тип работы:
- Государство и право. Юридические науки
Детальная информация о работе
Выдержка из работы
Use of innovative technologies in criminalistics
tives (Art. 75 of the Criminal Procedure Code of the Republic of Kazakhstan).
V M. Sawicki and I. I. Poteruzha consider that the relatives of the deceased person involved in the process as his representatives, and can not be recognized as the victims, because between the crime and the alleged injury to the relatives of the deceased person has no immediate direct link. They believe that the rights of family members in this case are not violated, since the victim and his representative are in the process of equal rights. This is not entirely correct. Representative of the victim, as opposed to the victim, do not use one essential right: the right to have a representative in the process. If the relatives of the victim, in the case of his death, will be involved in the process as a representative of the victims, it would oblige them personally always act in the process and to deprive them of the opportunity to have their representatives.
Relatives of the deceased can not be regarded as his representatives, because the basis of representation (except the representation of disabled) should be based on the parties' agreement, but this is not the case here.
Close relatives of the deceased person, if they were dependent on him, suffered material damage. But when they are not suffered material damage but suffered heavy pecuniary damage, which is much harder experiences of others who are
not close relatives of the deceased, they should be recognized as a victim of a crime and them should be submitted all the rights of the victim.
After the death of the victim, harm can be caused to some of his relatives. Do they all have to be recognized as a victim? This right can belong to several close relatives. If close relatives of the deceased suffered material damage, they all must be recognized as the victims and them must be explained the right to bring a civil action, because each of them can claim independent plaint and be recognized as a civil plaintiff. If the relatives of the deceased person suffered a pecuniary damage they should be recognized as victims. But if by any of the other relatives of the deceased received an application for recognition him as victims, this request should be granted. In this case, in the process will involve multiple victims.
Thus, covering all aspects of the concept of the victim, the notion of victim in criminal proceedings can be formulated as follows:
«If an individual or a legal entity suffered moral, physical or property damage, he recognized as victim. Also, the victim is a person in respect of whom the preparation of or attempt to commit a crime, he was put under threat of such harm. Moreover, with respect to an individual, all three types of harm are possible, but in respect of the legal entity only two types- material and moral damage& quot-
1. The Constitution of the Republic of Kazakhstan. — Almaty, August 30, 1995. — P. 30.
2. Motovilovker Ya. O. Nekotorye questions of the theory of Soviet criminal procedure in the light of the new Code of Criminal Procedure. — Part 2 of Kemerovo. — P. 188.
3. Rahunov R. D. Participants criminal — procedural activities. — M.: Gosyurizdat, 1991. — P. 190.
4. Bozhyev V P. The victim in the Soviet criminal trial. Author’s abstract of the master’s thesis. — M., 1963.
5. Ratinov A. Participation of the victim in the preliminary investigation//Socialist legality. — 1959. — № 4. — P. 67.
Shopabaev Batyr Abenovich, Senior teacher of department of criminal law, criminal trial and criminalistics of Kazakh national university of al-Farabi, Almaty Republic of Kazakhstan
Kenesov Zhandos, Kazakh National University named after al-Farabi, undergraduate, the Faculty of Law E-mail: B_ali_77@mail. ru
Use of innovative technologies in criminalistics
Abstract: This article discusses the use of innovative technologies in forensic science. Keywords: biometric, security, identification, security.
The development of information technologies and their application in medicine, science, industrial sphere forever changed modern society. The laws of society must obey and to acquire the data changes. Since PIN-codes, passwords, identification photographs, credit cards and magnetic signatures are an integral part of modern life, and the problem
of information security one of the most urgent. Currently greatly increased interest in the topic of digital identity that is accepted as associated with the growing threat of international terrorism, increase the volume of trade transactions conducted via global computer networks, particularly the Internet.
Section 12. Criminal law and criminology
Digital identification of individuals using the consolidation of the single person’s unique system number, a feature of which is that it is being taken even without any additional information was itself encrypted bears some critical information about a person (such as the date and place of birth gender, the body, where this number was generated). Despite the fact that the automated system code of the person are stored in the memory, the basis for the digital identity are long used techniques biometrics, namely, a technology that uses a unique physiological parameters of the subject (fingerprints, iris, and so on. D.). Obviously, biometrics provides the most reliable and stable information about a person, such as fingerprint fingers and iris does not change throughout a person’s life .
Under biometrics understood area of science that studies the methods for measuring the physical characteristics and behavioral traits of the person for identification and authentication of identity. Biometrics man called his measured physical characteristics or personal behavioral traits, which in the process of comparison with similar previously registered biometrics human identification procedure is implemented.
The first steps of mass use of biometrics can be attributed to Alphonse Bertillon, who in the 90s of the XIX century, working in the files of the Paris police, came to the conclusion that the combination of 14 units of measurements (height, length and head circumference, length of the upper body and etc.) adult chance coincidence on the theory of probability is infinitely small (of the order 3,5×10−9) and if the produce carefully measuring each offender and accurately record the results in the personal card will be possible unambiguously identifying. After a number of major cases, this system of identification was «taken up by the» French police. In place of the identification by the sum of the measurements came fingerprinting. In the early XX century Englishman Edward Henry proposed a method by which the identification of a print takes a few minutes. After 10 years, the system prints began to practice in all of Europe.
Today the word «biometrics», which is firmly established in our everyday language, and its value is almost no one in doubt. Biometric identification, biometric scanner, biometric passports — everyone understands that we have in mind here. More recently, the term has a much broader interpretation and was used mainly where it was a question of the methods of mathematical statistics, applicable to any biological phenomenon. Now under biometric technologies often realize automatic or automated methods of recognizing a person’s identity by its biological characteristics or manifestations .
Any biometric system consists of a biometric scanner — a physical device which can measure a particular biometric characteristics, and comparing the measured characteristics of the algorithm with previously registered (biometric template).
There are two possible modes of operation of the system — verification (one to one comparison) and identification (one to many comparison).
In verification mode the user enters their name, password or PIN, shows an electronic card or other means to announce
the system, «who he is». Her task in this case — check «truthfulness» of the information received, ie verify the conformity of the measured biometric with a previously recorded pattern claimed individual.
In the identification mode, the user simply «makes biometrics», and the task of the algorithm — to decide whether the user belongs to a number of well-known individuals, and if you belong to, then — who he is. In this case, the measured biometric characteristics compared to a database of previously recorded patterns of all «known» system of people.
The main biometric techniques currently used in practice are:
Biometric security on demand fingerprints. This — the most common static method of biometric identification, which is based on the uniqueness of each human figure papillary patterns on the fingers. A fingerprint image obtained by using a special scanner, converted into the digital code and compared with a previously entered template (reference) or the set of templates (in the case of authentication) .
Biometric Protection for recognizing hand shape. This static method is built on the recognition of hand geometry, is also unique biometric characteristic of man. Using a special device, allows to obtain a three-dimensional image of the hand (some manufacturers scanned form multiple fingers), obtained measurements necessary to produce a unique digital convolution identifying the person.
Biometric security in pattern of the iris. This method is based on the recognition of the unique pattern of the iris. For the implementation of the method requires a camera provides images of the human eye with sufficient resolution and specialized software, allows you to select from the resulting image iris pattern on which to build a digital code for human identification.
Biometric security on the spectral characteristics of the voice. Currently, the development of one of the oldest technologies has accelerated since assumed its widespread use in the construction of intelligent knowledge. There are many ways to construct a code of voice identification, usually a combination of different frequency and the statistical characteristics of the person.
Biometric protection based on handwritten handwriting. Typically, this dynamic method of human identification using his signature (sometimes writing code word). Digital identification code is generated by the dynamic characteristics of the writing, that is, to identify construction convolution, which includes information on the graphic signature parameters, timing of application signatures and dynamics of pressure on the surface, depending on the capabilities of the hardware (graphics tablet, the screen handheld it. d.).
Biometric protection on keyboard handwriting. The method generally similar to that described above, but instead it uses a signature certain codeword and from the equipment only requires a standard keyboard. The main characteristic, which is based on the convolution for identification — the dynamics of the set of codewords.
Use of innovative technologies in criminalistics
Biometric protection by thermal drawing, create a structure of blood vessels. This approach to the problem considers the thermal pattern generated by the structure of blood vessels face, hands or other body parts. Another approach, also based their work on the system of blood circulation, drawing explores the veins and arteries on the back of the hand of man.
Biometric Protection for recognizing facial appearance. One method, which won considerable popularity — recognition of facial appearance. People easily recognize each other as individuals, but to automate such identification at all easy. Most of the work in this area is related to image processing using photo or video. This static method is based identification of two- or three-dimensional image of the human face. With the camera, and specialized software image or set of images of faces are contours eyebrows, eyes, nose, mouth, and so on. Computed distance therebetween, and other parameters, depending on the algorithm used. On these data is based the image to be converted into digital form for comparison. Moreover, the number, quality and variety (different angles of rotation of the head, changes of the lower face in the pronunciation of key words, and so on). The read images may vary depending on the algorithms and functions of the system implementing the method.
Biometric security by smell. Currently also working on the creation of «electronic nose». If the dog can distinguish people by smell, why not do it with the help of biometrics.
If analyze the factors that influenced the development of biometrics for the past 10 years, significantly increased the number of different biometric parameters used for identification. Identification of the voice, face, hand, eye in the amount surpasses the classical system fingerprint identification, which, in turn, use different principles for fingerprint image, namely, optical scanners that work on the effect of total internal reflection of light (we can say that with them, and began the modern biometrics), capacitive CMOS chips, fiber optic chips and teploregistriruyuschie chips. Increase in the number of companies engaged in biometrics and accordingly increased the number of areas in which biometric systems are real application, of which by far the most widespread are mobile, the passport system and credit card (cash payments) .
Events of September 11 have significantly changed the attitude to the world of biometrics. At the moment, it is known that 11 terrorists — organizers attacks on the United States were known and the FBI sought by US authorities, but the terrorist use of false documents and bureaucratic mechanism of registration of foreigners have made possible the implementation of the attack. Furthermore, the absence of biometric security in managing the aircraft as not to interfere with the plans of terrorists, although the use of a simple fingerprint scanner, blocking the transfer of control of the aircraft to another person, it could significantly reduce the consequences of a terrorist attack. All this helped to increase the popularity of the global biometric solutions among US citizens, only 10% of which supports the idea of biometric passports before 11 September 2001 and 75% after. However, the pres-
ence of many different solutions of biometric passports and lobbying by several large companies, their fundamentals approaches to solve this problem at passport market (IBM, Polaroid, Oracle, Microsoft) makes it difficult to adopt a single decision, and numerous local biometric systems are not compatible in the parameters and likely prevent the establishment of a global network of biometric than contribute to its creation. A similar situation exists in the field of biometric security credit card only as independent states, and services are the major card companies Visa, Master Card, American Express, their affiliates and certain banks. However, if the term «threat of international terrorism» is the most popular phrase in the mouths of modern statesmen, banks and financial companies, primarily interested in reducing their costs, maximizing profits and are not ready to implement the relatively expensive biometric solutions. Therefore, despite the fact that the banking sector is technically ready for the introduction of biometric security credit cards, no one wants to take on additional costs for biometric protection, and prefer to hide losses from unauthorized access, up to a hundred million USD per year .
Thus, despite the technical readiness, in the near future should not expect wide capture of said mass application of biometric solutions. However, the more distant the forecast is little doubt regarding the biometric passports population. The trend of political development is that the biometric passport system may be virtually the only protection for both the developed nations and individual citizens against crime and terrorism, and many frequent military conflicts beginning of the XXI century can only accelerate the adoption of a joint inter-state solution.
Expansion of measured and analyzed biometric parameters leads to a natural extension of the range of issues addressed by biometrics. Another most promising direction of biometrics is the analysis of psychophysiological state, known as a «lie detector» Determination of the true thoughts and purposes of human task is not less ancient than his identification. One of the basic principles of psychophysiological detectors is the relationship between the amount received from the test data and test time. Naturally, to obtain reliable results, it is necessary to increase or testing, or the effectiveness of reading biometric information. For classical polygraphs used measurement of several biometric parameters (usually a pulse, ECG, galvanic skin response), having a capacity of approximately 100−200 samples per second, and the test time is several hours of use of modern techniques of voice psychophysiological research allows for the testing time in a few minutes during performance of about 10,000 cps .
Foreign experience of biometric systems suggests the following development of human identification using biometric technologies: most countries of the world community will have a biometric identity card which information is stored in government databases, combined in a global international identification system- reality will become not only the identification of the individual, but also the identification of the thoughts and intentions. When crossing the borders of the state, or in access to certain objects people will be automatic
Section 12. Criminal law and criminology
psychophysiological testing during real time. In the future reality will not only pervasive and instantaneous identification of the person, but also the identification of intentions and motivational structure of the psyche. Become possible suppression planned, has not committed crimes using automatic
psychophysiological testing human cross borders or entering the building. That is the future, experts predict biometrics.
Thus, in the fight against crime in modern criminology has significant potential associated with the widespread introduction of biometric identification technologies.
1. Problems of criminalistics science, investigation and expert practice: Hi. Sat. scientific. tr. /Exec. A. A. Kuznetsov editor. -Omsk: Omsk Academy of the MIA of Russia, 2006. — Vol. 5.
2. Tihonov V. A., Reich V. V. Information security: conceptual, legal, organizational and technical aspects: Ouch. allowance. -M.: Helios ARV, 2006.
3. Tatarchenko I. V., Soloviev D. S. The concept of integration of unified security systems//Security Systems. — Number 1 (73). -
S. 86−89.- Badgers V S., Romantsov A. P. Computer steganography yesterday, today, tomorrow. //Special equipment, -1998, — № 5.
4. [Electronic resource]. — Available from: http: //www. identix. com.
5. [Electronic resource]. — Available from: http: //www. identitytheft. org.
6. [Electronic resource]. — Available from: http: //www. polygraph. com- http: //www. catchcheater. com