Investigative Committee Proposes Allowing Forensic Examinations of Evidence and Biological Materials Without Licenses

The Investigative Committee has proposed allowing forensic examinations of physical evidence and biological materials without licenses. An expert says this threatens to “degrade their quality to serve the investigation’s interests”

The Investigative Committee has proposed allowing forensic examinations of physical evidence and biological materials to be conducted without the relevant licenses. Verstka discovered the proposed amendments in a draft resolution.

The government’s currently effective resolution “On Licensing Medical Activities” requires medical licenses to conduct such examinations.

“Forensic medical examination, except for forensic medical examinations of physical evidence and studies of biological objects (genetic, forensic biological, and chemical-toxicological),” the Investigative Committee’s draft says.

Yevgeny Smirnov, a lawyer with the First Department, told Verstka that, in his opinion, the Investigative Committee is seeking to expand the use of law-enforcement agencies’ expert units for such examinations. He added that this threatens to “degrade the quality of such examinations to serve the investigation’s interests.”

“In practice, I have encountered cases in which the FSB assigned genetic and biological examinations to its own institution, citing secrecy requirements. Apparently, they now want to remove the legal restrictions on conducting such examinations as well,” he says.

Smirnov believes that the practice of expanding the powers of “pocket” expert institutions “does not bode well,” since such institutions are often marked by complete “incompetence and lack of scientific rigor, and are prepared to reach any conclusion in the investigation’s interests.”

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