A complex forensic-medical molecular-genetic examination of the victims of terroristic bombing in Moscow underground

The authors emphasize the need in coordination when conducting expert examinations in investigation of accidents with a great number of victims. Coordination is of special importance for combined application of molecular-genetic technologies and standard forensic medical investigations. The experience in experts cooperation in investigation of terroristic bombing in Moscow underground on February 6, 2004, according to algorithm of combined use of conventional forensic medical methods and innovating techniques of molecular-genetic identification for personal identification of dead bodies in accidents with a great number of victims is demonstrated.     

Properties of the molecular-genetic individual identification system on the basis of D1S111 locus in terms of forensic-expert typing of DNA

The article presents a comparative analysis of reference nucleotide sequences for locus D1S111, estimation of basic parameters of this locus polymorphism in the representative sample of Russian population for use as an individual identification molecular-genetic system in forensic expert examinations.     

Molecular-genetic identification of the hostages killed in the terror act on September 1-3, 2004, in Beslan

The authors describe principles, methods and staging of molecular-genetic identification of hostages killed in the Beslan terroristic act. Cases when it was impossible to identify person definitely are explained. Precise staging of the expert investigation is of key importance.     

The need of regulation of production of components for forensic-medical molecular-genetic technologies and improvement of legal basis of forensic-medical molecular-genetic expert examinations in the Russian Federation

Of late, Ministry of Health of Russian Federation has developed instructions concerning forensic-medical molecular genetic methods of analysis promoting creation of standardized forensic-medical genetic service. However, some legal uncertainty exists in respect to design and production of the materials for forensic-medical molecular-genetic technologies, unification and standardization of molecular-genetic kits and methods. It is thought necessary to regulate legally forensic medical molecular-genetic technologies from foreign countries and production and use of domestic components for forensic medical molecular-genetic expert examinations.     

Molecular-genetic forensic expert investigations in the Russian Federation: problems and perspectives

Introduction of molecular-genetic technology into forensic-medical expert practice in Russia took place in unfavourable conditions of poor financial support and, consequently, the results appeared unsatisfactory. Organisation and functioning of genetic laboratories must be controlled and provided with an adequate system of training personnel and professional control. Application of molecular-genetic methods in forensic medicine meets the needs of expert practice if it is based on the systemic approach. The system is proposed to be headed by Russian Center for Forensic-Medical Expert Examination. This center is to update and control the activity of all institutions involved in forensic medical expert examination in Russia and conduct monitoring of the studies and training of specialists for the system.     

偷逃高速公路通行费行为的预防及法律规制

偷逃高速公路通行费行为给高速公路经营者带来了巨大损失。通过严格恪守有关公路方面的法律法规、强化公务人员和工作人员依法办事的法律意识、总结惩治偷逃高速公路通行费行为的经验、建立部门长效联动治逃机制、完善相应的科技手段等措施,能够预防偷逃高速公路通行费行为的发生。通过行政处罚可以制约伪造标志、证件或者冒用绿通车骗逃行为、强行闯岗(跳车)逃费行为;通过行政处分可以规制收费站工作人员私放车辆行为。行政处罚与行政强制只能由特定的行政机关执行。     

Allele polymorphism of molecular-genetic individualizing systems based on tetranucleotide tandem repeats LPL,vWA and TH01 among the population of Russia

Until recently, data bases on incidence rates of alleles STR (LPL, vWA and THO1 loci) have not been introduced in Russia. To obtain information on the above rates in Russia, a large scale research of distribution of LPL, vWA and Tho1 loci has been performed among a sample of 442 blood-unrelated persons from 57 regions of the Russian Federation to specify basic assessment characteristics of these loci and to raise efficiency of expert use of identifying systems on their base. Relevant parameters (allele frequencies) are presented for each polymorphic locus as well as basic population characteristics of polymorphism in the studied sample of RF population. These results can be used as key parameters for standard probability estimations in assessing the results of molecular-genetic identification.     

Strategy of multiplex analysis of STR-loci polymorphism of Y-chromosome on the basis of "minimal haplotype"

A molecular-genetic analysis of Y chromosome is a convenient tool of paternal affinity determination. This method is now widely introduced in expert practice. Previous experience in typing of Y chromosome is outlined. Strategy of development and experience in operating a multiplex system for a simultaneous analysis of seven STR loci of Y chromosome is discussed.     

An algorithm of computerized processing of molecular-genetic data for personality identification based on the outcome of events involving numerous victims

Computerized systems of data processing are a high-efficiency tool for the storage and processing of big volumes of molecular genetic data as well as for the forensic medical identification of personality in events involving enormous unidentified bodies coming from zones of calamity or natural disaster. Described in the paper is a sequence of actions undertaken by the expert when the DNAdacto and mDNAbase soft tools are in use. The algorithm of computer-based expert analysis of typing of chromosome and mitochondrial DNA was tested at the 124th Central laboratory of medical-criminal identification of Russia's defense ministry; it was proven to be highly effective for identification made in events with numerous unidentified bodies.     

高速公路合理化收费法制化研究

我国高速公路收费较高,这给高速公路使用者带来了巨大的经济压力,从而导致偷逃高速公路通行费的情况比较严重。高速公路收费过高的原因在于公路的性质被异化、收费站点过多、超期收取通行费、收费被挪用、管理费用较高。实现高速公路收费合理化应该确定适当的定价原则,根据收费还贷公路模式和收费经营公路模式的不同,按照财务成本补偿理论进行核算;废除行政审批制度,通过行政许可制度的实施保障高速公路的公共性;通过行政合同,明确收费公路还路于民的条件。     

司法鉴定与“案结事了”

本文通过分析一个涉及法医学鉴定的刑事案例，导出司法鉴定对案结事了的积极作用，重点论述了目前司法鉴定制度影响案结事了存在的问题。司法鉴定制度与案结事了密切相关，司法鉴定制度改革决定案结事了这一司法目的。特别强调案结事了背后．可能因对司法鉴定所谓权威性的迷信或盲目遵从而丧失最基本的公平正义。指出专家辅助人制度的建立将有助于真正实现案结事了。     

迈向“过程导向信任”的刑事死因鉴定争议解决机制

中国当今刑事鉴定争议频发。其中当事人与办案机关鉴定冲突最剧烈、不满手段最多样,且其社会影响最大者,目前主要聚集在部分死因鉴定领域。该类鉴定争议既滋生过度重复鉴定,更促使部分当事人上访、闹事,一度还以此衍生出暴力性群体事件。死因鉴定争议的发生,主要源于影响鉴定意见可信性的一系列因素,而非仅因为、甚或主要基于鉴定意见的客观可靠性。因此,为重塑中国刑事死因鉴定的公信力,必须走向从实践出发的法律研究与制度建构立场,以回应办案部门创建、并亟须理论提炼与立法改良的“过程导向信任”的鉴定争议解决机制。其关键措施,是通过死因鉴定程序的开放性与当事人双方（包括其聘请的法医专家）的充分参与性,从而实现鉴定意见的可信性或当事人可接受性;并以此领域的鉴定争议解决为突破口,进行鉴定制度改革,以提升中国整个刑事司法鉴定的公信力与可信性。     

患方拒绝鉴定可能承担败诉后果

在医疗纠纷民事诉讼中,医疗机构提出进行医疗事故技术鉴定或法医学鉴定的申请,是一种履行举证责任的行为。然而,举证责任是可以转换的,它既可能从原告方转换到被告方,也可能从被告方转换到原告方。如果患者一方不配合鉴定或者拒绝鉴定,导致医疗责任不能认定,举证责任就从医方转换到患方,可能带来对患方不利的诉讼后果。因此,在医疗纠纷诉讼中,双方当事人要善于利用举证责任转换的概念,在法律规定的范围内,更好地维护自己的合法权益。     

Courtroom testimony by psychologists on eyewitness identification issues

This article makes two major points in regard to expert psychological testimony on eyewitness identification. First, the attention devoted by psychologists to eyewitness identification issues is far out of proportion to the incidence of trials involving eyewitness identifications of criminal defendants; furthermore, the often-expressed concern over wrongful convictions is probably misplaced. Second, the experimental methods used in studies of eyewitness performance are fundamentally unsuited for drawing conclusions about actual witnesses. Hence, there is not an adequate scientific foundation for expert psychological testimony on eyewitness identification. Archival research is perhaps the most promising approach to the study of the criminal justice system.     

Impact of Defense-Only and Opposing Eyewitness Experts on Juror Judgments

Previous research shows that expert testimony on eyewitness memory influences mock-juror judgments. We examined the extent to which opposing expert testimony mitigates the impact of defense-only expert testimony. Participants (N = 497) viewed a video-taped trial involving an eyewitness identification and individually rendered verdicts and evaluated the evidence and the experts. We manipulated the Foils (unbiased vs. biased) and Instructions (unbiased vs. biased) of the lineup and Expert Testimony (no expert vs. defense-only expert vs. opposing experts). Expert testimony did not significantly influence juror judgments, but the opposing expert testimony diminished the credibility of the defense expert in the eyes of the jurors. Results point to the need for further research on conditions that qualify the impact of expert testimony.     

The experience of using the FTA-carriers for blood sample storage while conducting the molecular-genetic identification of unidentified killed persons--victims of military actions in the territory of the Chechen Republic

The activity of adapting and introducing the FTA-carriers for the storage of blood samples of relatives of missing service men for the purpose of using them in the consequent identification measures in respect to non-identified killed persons has been conducted in the Russian Federation within the framework of identification of service men killed in the Chechen territory during the 1994-1996 armed conflict. The article generalizes the experience of practical usage of FTA-cards as an element in the technological sequence of the molecular-genetic identification expertise. Methods related with application of FTA-technologies were tested; the efficiency of polymerized chain reaction was evaluated by using the matrix of immobilized DNA for hypo variable segments HVS-1 and HVS-2 as well as for the D-loop of mitochondrial DNA and for chromosomal STR-locuses D3S1358, vWA, FGA, D8S1179, D21S11, D18S51, D5S818, D13S317 and D7S820.     

Typing of ABO locus with biological microchip as a new level in solution of problems in forensic-medical biological expertise of material evidences

There are cases in practice when during expertise of material evidences, discrepancies between results of typing of ABO antigens and molecular-genetic typing of DNA occur. In this work, as a radical approach to objective solution of similar conflict situations, for some contradictory case of expertise, all examinations were performed on the unified methodological base--DNA level. Instead of biological (isoserological) typing of ABO antigen, molecular-genetic typing of ABO locus with biological microchip was performed. In all cases the results, received with the use of biological microchip, do not contradict but completely conform to the results of others molecular-genetic examinations performed in the case. Given results indicate irrationality of further use of traditional methods of isoserological typing of ABO antigen for primary differentiation of biological material. These analyses, if necessary, have to be performed on DNA level with molecular-genetic expertise.     

Identification and separation of DNA mixtures using peak area information

We introduce a new methodology, based upon probabilistic expert systems, for analysing forensic identification problems involving DNA mixture traces using quantitative peak area information. Peak area is modelled with conditional Gaussian distributions. The expert system can be used for ascertaining whether individuals, whose profiles have been measured, have contributed to the mixture. It can also be used to predict DNA profiles of unknown contributors by separating the mixture into its individual components. The potential of our probabilistic methodology is illustrated on case data examples and compared with alternative approaches. The advantages are that identification and separation issues can be handled in a unified way within a single probabilistic model and the uncertainty associated with the analysis is quantified. Further work, required to bring the methodology to a point where it could be applied to the routine analysis of casework, is discussed.     

Utilization of complex technologies of molecular genetics for forensic expert identification of unidentified remains of victims of terrorist acts in Moscow in 1999

This paper presents the first experience gained in Russia in expert identification practice with complex utilization of technologies of molecular genetic individualization of biological objects for solving identification tasks requiring the maximum complete armory of mutually supplementing means. This is particularly important for forensic expert personality identification in cases with many deaths, when indirect identification has to be resorted to, consisting in the use of biological samples from relatives of the victims as the identifying objects. Methodological approaches and concepts of expert studies, used for identification of the remains of people who died in terroristic acts committed in Moscow in September, 1999, are discussed. The results of this study and methodological experience notably extend the potentialities of expert evaluation as regards forensic medical identification of victims of overall disasters, terroristic acts, and war conflicts.