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Crime Scene or Event Scene?
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A. Banagozar-Mohammadi   1, M. Delirrad2 |
1- Internal Medicine Department, Medical Faculty, Tabriz University of Medical Sciences, Tabriz, Iran
2- Forensic Medicine & Clinical Toxicology Department, Medical Faculty, Urmia University of Medical Sciences, Urmia, Iran |
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Abstract: (14224 Views) |
Dear Editor
In a visit to the Forensic Medicine Department of Ankara University, Turkey, some years ago, the authors of the letter noticed that the phrase "Olay Yeri Incelemesi" means "Event Scene Investigation" rather than "Crime Scene Investigation" is used in the country [1]. When we asked for the cause, the answer was convincing: "While investigating the scene, it is frequently observed that there was only one event or incident and no crime at all. So there is no need to endanger the mental health of citizens and society by misrepresenting like Westerners".
As faculty members forensic medicine specialists, we did extensive searches on the Internet and academic databases (in English, Farsi, and Turkish), but we did not find a similar case in other countries. However, the response of our Turkish neighbors influenced our thinking and inevitably led the authors to write this letter.
From a historical background, the crime scene investigation began in a modern way about 100 years ago with the establishment of the Police Criminal Laboratory by Edmond Locard in Lyon, France in 1910 [2]. Nowadays, crime scene investigation is a teamwork and according to Article 6 of the Executive by-laws on the powers, description of duties and how to investigate the crime scene, “The crime scene investigating team is comprised of responsible and expert persons which have legal and technical task for examining and documenting the crime scene, including the forensic doctor (in cases of murder, suicide, suspected death, beatings, etc.), detectives and related agents, experts, crime scene investigating specialists and technicians of the Identity Bureau such as photographer, illustrator, impression makers, remnants collector, fingerprinting, computer affairs, sketch drawing, and other experts as needed” [3].
A crime scene is a place where the offender performs his unlawful activities and contains valuable evidence used to prosecute crime [4]. In the meantime, the main task of experts in crime scene investigation is to discover and collect all kinds of marks and evidence from offenders at the crime scene, which is accomplished by various means and equipment [5]. Managing a crime scene means systematically investigating an event or accusation to determine the truth that starts from the scene and results in the court. Access to evidence to uncover the truth is the ultimate goal and purpose of crime scene experts [5, 6].
According to Article 2 of the Islamic Penal Law of 2013, "any conduct, whether act or omission of the act that is punishable by law, is considered a crime" [7], and the judge uses clear and scientific reasons to prove the crime that are called proofs of crime [8]; which according to Article 160 of the Islamic Penal Law, "proofs of crime are confession, testimony, compurgation and oath in legal cases and the knowledge of the judge”[7]. i.e., merely the science of inference, which does not typically give the judge certainty, cannot be the criterion for issuing a judgment [9], because under Article 211 of the Islamic Penal Law, "items such as expert opinion, site examination, local investigations, informed statements, bailiffs' reports and other evidence that are typically scientific can be documentary for judge's science”[7]. The legislator also seems to have paid attention to this and has used the terms "site examination" or "local investigation", and has not used the term "crime scene investigation" because, documentary to the Article 37 of the Constitution: "Innocence is presumed. The law does not consider anyone guilty unless the person’s guilt is proven at a qualified court” [10]. The principle of innocence, as a fundamental principle, guarantees the liberties and legal rights of citizens and plays a very important role in maintaining the dignity and respect of citizens [11-13].
According to the Article one of the Executive by-laws on the powers, description of duties and how to investigate the crime scene, “the crime scene is a place that a perpetrator committed criminal act there” [3]. As it is seen, this article also used the word "perpetrator" and not "accused"; so it seems that the term "crime scene" and its investigation cannot be spoken as long as the crime is not ascertain. Therefore, it seems reasonable and the authors of the letter also suggest that a similar manner be adopted in our country in order to protect the rights of citizens and the mental health protection of the community and its citizens; i.e. rather than "Crime Scene Investigation" we should use "Event Scene Investigation", and the title of "Crime Scene Investigating Team" changes to "Event Scene Investigating Team". We hope that the implementation of this proposal will be a step towards preventing crimes and promoting popular culture. |
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| Keywords: Crime Scene Investigation, Event Scene, Legal Medicine |
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Full-Text [PDF 605 kb]
(2136 Downloads)
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Type of Article: Letter to Editor |
Subject:
Forensic Epidemiology
Received: 2019/04/19 | Revised: 2021/01/30 | Accepted: 2019/07/11 | ePublished: 2019/09/21
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| References |
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