侦查监督探析

狭义的侦查监督是指国家法律监督机关对侦查部门和侦查人员侦查行为的监察与督促。构建充分完善的侦查监督机制,已成为当今世界各国刑事诉讼制度的重要课题,笔者拟就我国侦查监督存在的问题及我国侦查监督的完善两方面内容作一概略论述。     

Windows Vista and digital investigations

Several of the new features of Windows Vista may create challenges for digital investigators. However, some also provide opportunities and create interesting new evidential artefacts which can be recovered and analysed. This paper examines several of these new features and describes methods for recovering shadow copies of files from Restore Points, identifying BitLocker on a system, the importance of recovery keys in dealing with BitLocker encrypted volumes and also the problems that User Account Control could cause for live investigations.     

Forensic osteological investigations in Kosovo

A team of Finnish forensic experts performed investigations of alleged mass graves in Kosovo under the mandate of the European Union (EU). Human skeletal remains from two locations were examined. The remains contained three almost complete skeletons, and individual bones and bone fragments, part of which were burned. Injuries, pathological changes, and findings for identification purposes were examined and documented using standard methods of forensic pathology and osteology. Gunshot injuries were found in some cases, but reliable determination of the cause and manner of death was not possible. A discrepancy arose between the number of victims reported in information received from the presiding district court, and results of the investigations. The estimation of the minimum number of victims was mostly acquired by DNA analysis.     

mtDNA investigations after differential lysis

In order to gain information regarding the ethnic origin of an unknown offender in a murder case it was necessary to sequence the HV1 and 2 regions of the mitochondrial DNA (mtDNA). The only evidentiary material that could be linked to the suspect was DNA, extracted from spermatozoa after differential lysis. The observed mtDNA sequences were identical to the sequences of the victim. Therefore, we had to check if this was a coincidence or the result of a technical limitation of the testing procedure. Subsequently, we performed a systematic study. In cases with complete separation of sperm and female cells it wasn't possible to obtain a mtDNA sequence for the sperm fraction. This phenomena is based on the loss of the sperm's flagellum and mid-piece during the first lysis step and a concomitant loss of the sperm's mitochondria. In our murder case, a minor carry-over of female cells to the sperm fraction was responsible for the sequencing result.     

Reliability of bloodhounds in criminal investigations

Anecdotal evidence and legend have suggested that bloodhounds are capable of trailing and alerting to a human by his or her individual scent. This same evidence may be presented to a court of law in order to accuse a particular suspect or suspects of a crime. There is little to no scientific evidence confirming the bloodhound's ability to trail and discriminate the scent of different individual humans. Eight bloodhounds (3 novice and 5 veteran), trained in human scent discrimination were used to determine the reliability of evidence, garnered through the use of bloodhounds, in a court of law. These dogs were placed on trails in an environment that simulated real-life scenarios. Results indicate that a veteran bloodhound can trail and correctly identify a person under various conditions. These data suggest that the potential error rate of a veteran bloodhound-handler team is low and can be a useful tool for law enforcement personnel.     

Use of forensic investigations in anti-doping

The fight against doping is mainly focused on direct detection, using analytical methods for the detection of doping agents in biological samples. However, the World Anti-Doping Code also defines doping as possession, administration or attempted administration of prohibited substances or methods, trafficking or attempted trafficking in any prohibited substance or methods. As these issues correspond to criminal investigation, a forensic approach can help assessing potential violation of these rules. In the context of a rowing competition, genetic analyses were conducted on biological samples collected in infusion apparatus, bags and tubing in order to obtain DNA profiles. As no database of athletes' DNA profiles was available, the use of information from the location detection as well as contextual information were key to determine a population of suspected athletes and to obtain reference DNA profiles for comparison. Analysis of samples from infusion systems provided 8 different DNA profiles. The comparison between these profiles and 8 reference profiles from suspected athletes could not be distinguished. This case-study is one of the first where a forensic approach was applied for anti-doping purposes. Based on this investigation, the International Rowing Federation authorities decided to ban not only the incriminated athletes, but also the coaches and officials for 2 years.     

Post-mortem biochemical investigations of vitreous humor

For several decades vitreous humor has been used for post-mortem biochemical investigations with the objective of a post-mortem diagnosis of pre-existing diseases and the clarification of forensic issues, in particular the determination of the post-mortem interval. For the determination of measured concentrations in vitreous humor pre-analytic factors as well as analytical and instrumental variations have to be taken into consideration. The aim of this study was a methodical investigation of two methods of sample pre-treatment as influencing variables. The compared methods were centrifugation and treatment in the ultrasonic bath. The determined parameters were sodium, potassium, chloride, calcium, lactate, urea, glucose and creatinine. Analyses were performed photometrically or by an ion-selective electrode. For some of the analytes a dilution was necessary before analysing. Regarding to the two pre-treatment methods, significant differences in the measured concentrations were not found. The precision proved to be mostly unsatisfying and was clearly better in diluted samples than in undiluted aliquots. A comparison of the vitreous humor of the two ocular bulbs did not lead to significant differences.     

Toxicological investigations of six chlormethiazole-related deaths

This paper presents the toxicological findings for six coroners' autopsy cases where chlormethiazole was contributory to the cause of death. The drug, which was assayed by a gas-chromatographic procedure, was the only drug found in five of the cases.     

Forensic investigations in cyberspace for civil proceedings

This article considers some of the legal issues raised when private entities are seeking forensic data from Internet‐based activities for the purpose of civil proceedings. It focuses on the identification of potential defendants and the obtaining of evidence in the course of its transmission. Existing law, legislative proposals and case law are examined in terms of appropriately balancing the rights of the claimant, defendant and third‐party communication providers.     

Smugglers’ blues: Airport drug investigations

This article examines the Fourth Amendment problems inherent in detaining and searching commercial air travelers for smuggled drugs. Considered are problems involving the drug courier’s profile, the levels of encounters involved in the investigations, and canine sniffs of luggage.     

The legal aspects of corporate e-mail investigations

The undertaking of e-mail investigations was previously limited mainly to law enforcement agencies. However, UK organisations are increasingly undertaking e-mail investigation activities for incidents such as fraud, accessing or distributing indecent images and harassment amongst others. Organisations are also increasingly using computer forensic analysts to search through e-mail archives in order to gather evidence relating to e-mail misuse. In this paper we examine the legal aspects of UK corporate e-mail investigations.     

Nuclear forensic investigations: two case studies

This paper describes the methodology and analytical methods used in nuclear forensic investigations. Two case studies are taken as examples to illustrate this. These examples represent typical cases that have been analysed at the Institute for Transuranium Elements (ITU) since last 10 years, i.e. the beginning of the illicit trafficking of nuclear materials. Results of the various analytical techniques are shown, which, together with other type of information, reveal the origin of the material.     

The legal aspects of corporate computer forensic investigations

The use of computer forensics was previously limited mainly to law enforcement agencies. However, UK organisations are increasingly undertaking computer forensics activities for incidents such as fraud, money laundering, accessing or distributing indecent images, harassment, industrial spying and identity theft amongst others. In this paper we examine the legal aspects of UK corporate computer forensic investigations.     

The role of carrier-object in investigations of cigar-butts

A comprehensive series of experiments was undertaken to find the reasons why the cigar-butt stuff, removed from accident places for investigation at forensic-biological laboratories, affects different sera. A number of such reasons were established. Methods are suggested to eliminate the cigar-butt impact with the aim of ensuring the most accurate results while determining the group adherence of saliva on the cigar-butts.     

Significance of cyanide in medicolegal investigations involving fires

This article presents the significance of cyanide in medicolegal investigation of fires. It discusses the various aspects of fire investigation and the pathophysiology of cyanide toxicity and evidence interpretation in fire investigations.