Forensic Expert Qualification Exam (Kazakhstan) cheat sheet

Forensic science is the system of scientific knowledge and applied methods used to detect, fix, seize and examine material and documentary evidence in civil, criminal and administrative proceedings.

The subject of forensic expert activity is the study of facts (factual circumstances) of a case carried out by a person with special scientific knowledge, on the instruction of the body conducting the proceedings, and formalized in a conclusion.

Legal basis in Kazakhstan: the Law of the Republic of Kazakhstan "On Forensic Expert Activity" (1997, as amended), the Criminal Procedure Code, the Civil Procedure Code, the Administrative Offences Code and subordinate acts on the organization of forensic examinations.

The objects of examination are material evidence, documents, living persons, corpses, animals, samples and case materials submitted in the established order; the expert studies only what is submitted and only within the questions posed.

The conclusion of an expert is a source of evidence; it is not binding on the court or investigator as to the conclusions drawn, but it must be evaluated together with other evidence (no predetermined force).

The expert's special knowledge is knowledge outside the scope of legal (juridical) knowledge: the expert does not resolve questions of law, guilt, intent or qualification of the offence.

Classification by branch: criminalistic, forensic medical and biological, forensic engineering-technical, forensic economic, and specialized (psychiatric, psychological, linguistic, art history) examinations.

An examination is appointed by a reasoned decision (ruling) that must state the grounds, the expert or institution, the questions, and the materials submitted; failure to comply with this form is a ground for challenging the results.

Criminal Procedure Code: an expert examination is appointed when special scientific knowledge is required; the investigator issues a decision (postanovlenie), and the expert's conclusion is admitted as evidence.

Grounds for recusal of an expert: interest in the case, prior participation in the case as a specialist or witness, kinship with a party, or lack of competence; the recusal is decided by the body that appointed the expert.

The expert may not conduct investigative actions on his own, but has the right to get acquainted with case materials relevant to the object of examination, to petition for additional materials, and to be present during investigative actions.

Rights of the suspect/accused: to challenge the expert, to petition for examination by a specified expert or institution, to pose additional questions, and to be present with permission during the examination and give explanations.

A sample for comparative research is obtained by a reasoned decision; obtaining samples from a living person is done by a specialist and must not degrade health or dignity; samples from a corpse or animal are taken by the expert.

Additional examination is appointed when the existing conclusion is insufficiently clear or complete; repeat examination is appointed when the conclusion is unfounded or doubts arise as to its correctness, and it is entrusted to another expert or commission.

Civil Procedure Code: the court appoints an examination on its own initiative or on a party's motion; the parties have the right to pose questions, and the final list of questions is determined by the court.

In civil proceedings the expert's conclusion is evaluated by the court under the rules of admissibility and relevance; the court may appoint an additional or repeat examination and must give reasons for rejecting the conclusion.

The expert's conclusion must contain the date, the person and institution, the grounds for the examination, the objects, the methodology, the findings and the answers to each question; answers must be signed and certified.

Stages of expert examination: preparatory (study of the decision and materials, verification of suitability), analytical (separate and comparative study), synthetic (comparison of results, evaluation), and final (formulation of conclusions and drafting of the conclusion).

Comparative study presupposes three elements: the object under study, the comparative sample, and the method of comparison; the sample must be of the same nature and comparable in properties.

Methods are classified by generality (general scientific, particular, special), by the nature of the information (qualitative, quantitative), and by the degree of preservation of the object (non-destructive and destructive).

The expert's conclusion may be categorical (positive or negative) or probable (NST - "it is not possible to resolve the question"), and probable conclusions are not recommended when a categorical answer is possible.

The expert's conclusion consists of introductory, research and concluding parts; the research part must describe the methods and permit verification of the findings.

Destructive methods are applied only with the permission of the appointing body and with the consent of the person whose samples are studied; the residues are returned and described.

A commission examination is conducted by at least two experts of the same or different specialties; each signs the conclusion, and a dissenting expert gives a separate conclusion.

A comprehensive examination is conducted by experts of different specialties who jointly resolve a common question; each expert signs the part of the conclusion that reflects his own research.

The expert's internal conviction must be based on the research conducted; the expert may not rely on data not contained in the submitted materials without verification.

The expert is obliged to conduct the examination objectively, comprehensively and completely, to give a reasoned conclusion on the questions posed, and to refuse to answer questions outside his competence.

It is prohibited to enter into relations with participants in the proceedings, to accept remuneration from them, or to disclose information that became known in connection with the examination (expert secrecy).

The expert is warned of criminal liability for giving a knowingly false conclusion and for refusal to give a conclusion; the warning is recorded in the decision and in the expert's signature.

The expert may not conduct an examination if he has a personal interest in the outcome, is a relative of a party, or has previously participated in the case in another capacity.

Illegal influence on an expert entails liability under the law; the expert must report any attempt at influence to the body that appointed the examination.

The expert's conclusion must not go beyond the questions posed; if during the examination circumstances relevant to the case are discovered, the expert has the right to state them in the conclusion on his own initiative.

Professional competence presupposes systematic advanced training, knowledge of the methodology used, and the use of certified and validated methods.

The expert's fee and the procedure for compensation of expenses are determined by the contract or the estimate of the institution; the expert is not entitled to negotiate payment directly with a party in criminal proceedings.

Ethical standards require respectful, neutral language in the conclusion, no evaluative legal judgments, and clear separation of facts established and opinions expressed.

Trace evidence (trasology): the mechanism of trace formation is established by the reflection of the external structure of the trace-forming object; traces are classified as static and dynamic, local and peripheral, superficial and volumetric.

The individuality of a trace is established by the aggregate of particular features (shape, dimensions, relief, microrelief); the identification conclusion requires a stable, reproducible aggregate.

Fingerprints: papillary patterns are divided into three types - loop (about 65%), whorl (about 30%), and arch (about 5%); the types are determined by the presence of a delta and its number.

Fingerprint identification is based on the aggregate of particular features: the type and type of pattern, the number of deltas, and the details of the structure (beginning and end of lines, branching, breaks, bridges, hooks, islands).

Ballistics: identification of a weapon by a fired bullet and cartridge case is based on the marks of the bore (fields and grooves), the striker, the extractor and the reflector; traces are divided into primary and secondary.

Determination of the firing distance is based on the presence and nature of the deposit of soot, powder particles, the temperature of the gases, and the zone of dispersion; close-range shots leave a mark of the muzzle end (stamp).

Handwriting examination establishes the executor (identifying features: the degree of development of the handwriting, its structure, coordination of movements) and the conditions of writing (natural, deliberate distortion, unusual posture).

Technical examination of documents resolves the method of production, the fact of erasure, etching, addition, the change of the original content, the restoration of faded texts, and the identification of the printing device.

Erasure is detected by disturbance of the surface layer of the paper and residual strokes of the removed text; etching - by a change in the color of the paper, the reaction of the reagent, and luminescence in UV light.

Forensic medical examination of a living person establishes the nature and severity of bodily injury, the degree of loss of general working capacity, the age, and the state of health; the severity criteria are fixed by the Rules of the Ministry of Health.

Degrees of severity of harm to health: grave (danger to life, loss of vision, speech, hearing, an organ, mental disorder, significant permanent loss of working capacity), medium (long-term health disorder, permanent loss of less than one third of working capacity), and minor (short-term disorder).

Examination of a corpse establishes the limitation of the onset of death, the cause of death, and the presence of injuries; the signs of death include cooling of the body, cadaveric spots, rigor mortis, and desiccation.

Cadaveric spots appear 1.5–2 hours after death, rigor mortis develops after 2–4 hours and resolves after 2–3 days; the dynamics of these signs are used to determine the time of death.

Biological examination of traces of blood, semen, saliva, hair establishes the group and DNA profile; DNA identification has a high discriminating ability and requires a comparative sample.

Blood group affiliation is established by the ABO, Rh and other systems; the presence of blood is detected by the benzidine test, the reaction with luminol, and spectroscopy.

Forensic psychiatric examination resolves sanity, legal capacity, and the need for compulsory medical measures; it is conducted by a commission and formalized in an act.

Forensic medical examination of the scene is conducted with the participation of a specialist (forensic physician) and is recorded in the protocol; the specialist's conclusion is advisory in nature.

Biological traces must be seized with instruments treated with alcohol, dried at room temperature, packed in paper, and stored in a dry place; the use of plastic packaging for wet objects is prohibited.

Construction-technical examination establishes the compliance of buildings and structures with design documentation, norms and rules, the causes of deformation, the quality and volume of work performed, and the cost of restoration.

Fire-technical examination establishes the source and cause of the fire, the paths of propagation, the compliance of the object with fire safety requirements, and the connection of the fire with the actions of persons.

The fire source is determined by the zone of greatest thermal damage, the depth of charring, the direction of the "alligator" cracks, and the presence of a hearth.

Transport-technical examination resolves the mechanism of the accident, the speed of the vehicle, the braking distance, the visibility conditions, and the technical possibility of preventing the accident.

The braking distance formula: S = v²/(2·g·φ), where v is the speed in m/s, g = 9.81 m/s², and φ is the coefficient of adhesion of the tires to the road.

Computer-technical examination establishes the content of the storage medium, the fact of access, the time of creation and modification of files, the presence of malicious programs, and the configuration of the equipment.

The integrity of digital evidence is ensured by a write-blocker, hashing (MD5, SHA-256), and a documented chain of custody; the hash must match before and after the study.

Engineering-technical examinations require the expert to have an engineering education and knowledge of the relevant branch; the conclusion must contain the calculations performed with the initial data cited.

Forensic accounting examination establishes the correctness of accounting and reporting, the reflection of business transactions, the presence of shortages or surpluses, and the validity of the write-off of material assets.

The expert-accountant uses the methods of documentary verification, counter-verification, arithmetic check, and the restoration of accounting records; the results are formalized in a conclusion.

The main question of an accounting examination is the correspondence of the accounting data to the actual state and to the requirements of accounting standards; the expert does not resolve questions of law.

Financial-credit examination establishes the creditworthiness of the borrower, the movement of funds on accounts, the intended use of a loan, and the validity of the bank's actions.

Tax examination establishes the correctness of the calculation and payment of taxes, the presence of arrears or overpayment, and the compliance of accounting with tax legislation.

The expert-economist is not entitled to give legal qualification to the actions of officials (for example, to establish "theft" or "concealment") - this is outside his competence.

The initial data for the examination are the accounting documents, registers, primary documents and the conclusion of a previous audit; the expert checks the interconnection of documents (cross-checks).

The conclusion of the expert-economist must contain the methodology, the calculations with reference to the documents (indicating the name, number, and date), and the answers to the questions posed.

Forensic psychiatric examination is conducted by a commission of psychiatrists; it resolves the questions of sanity, legal capacity, and the possibility of giving evidence, and the act is drawn up in the form established by the Ministry of Health.

Forensic psychological examination establishes the presence of affect, the individual psychological characteristics, the ability to perceive and reproduce circumstances, and the signs of psychological influence.

A comprehensive psychological-psychiatric examination is appointed when it is necessary to separate the pathological and non-pathological components of behavior; it is conducted jointly by a psychiatrist and a psychologist.

Forensic linguistic examination establishes the content and semantic orientation of the text, the presence of calls, threats, insults, and signs of extremism; the expert relies on linguistic methods of analysis.

The expert-linguist does not resolve the question of guilt or the qualification of the offence; he establishes the semantic content and the communicative orientation of the statement.

Forensic art history examination establishes the authorship, the time and place of creation, the value and the authenticity of works of art; it uses the methods of attribution and technical-technological research.

The conclusion of a specialized examination must contain the competence of the expert, the methodology, the research part, and the answers to each question; a probable conclusion is allowed if a categorical one is impossible.

The expert of a specialized examination is warned of criminal liability for a knowingly false conclusion; the warning is recorded in the decision and confirmed by signature.