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Legal and Illegal Pharmaceutical Evidence in Criminal Investigations

Law enforcement officers or other on-site investigators may use suspected colorimetric test kits or portable instruments to analyze samples. This form of testing is only presumptive and helps the investigator determine if a substance may be illegal and take appropriate action. Agencies that can conduct suspicious testing include police, Border Patrol, customs, corrections, National Rangers, homeland security personnel, and federal officials. Whether or not a suspicious test is conducted, the material collected is submitted to a forensic laboratory for confirmation. Common forensic laboratory disciplines include forensic molecular biology (DNA), forensic chemistry, trace testing (hair and fibres, paints and polymers, glass, soil, etc.), latent fingerprint examination, firearm and tool trace examination, handwriting analysis, incendiary and explosive investigations, forensic toxicology and digital evidence. Some forensic disciplines practiced outside of forensic laboratories include forensic pathology, forensic nursing, forensic psychiatry, forensic entomology, and forensic engineering. Practitioners in these disciplines are most often found in forensic or coroners` offices, universities or private practices. Digital forensics experts testify in court to explain their qualifications. the functioning of digital devices, online platforms and other ICT-related sources; the digital forensics process; why a particular digital forensics tool was used and others were not; how the digital evidence was stored and analysed; the interpretation and results of the analyses carried out and the accuracy of those interpretations; and any changes to the data and the reasons for these changes (United States National Institute of Justice; 2004a; Maras, 2014). The criminal investigation deals with crime as a real phenomenon, and includes acts that should clarify all issues related to the occurrence of the crime, the offender, the victim and other circumstances.

Criminal investigations involve a crime of microanalysis because it directly reconstructs the actual structure of the crime. Criminal investigations are micro-analyses, the reconstruction of the past – a possible crime. It directly explores the reconstruction of the real, objective and subjective structure of the offence. The verification of the results of the investigation was carried out in a professional manner when criminal methods and means were used in connection with the investigation [11]. The Trial Chamber continues, consciously or unconsciously, to use more or less qualified judicial tactics, plans the trial, constantly works with versions, interviews witnesses, experts, questions the accused, is expected to acknowledge and conduct confrontations, conduct inspections (investigations) on real evidence, the court experiments, analyzes expertise, etc. If you want to organize and legitimize this activity, which is very complex and fraught with many cognitive problems, the president of the court must adopt a truly sovereign criminology. The defense lawyer and prosecutor, each representing their own version of the procedural battle, also applied forensic knowledge, data, methods, and tools. The intensity and quality of demand depends largely on the level of a particular process and the outcome of the procedure. The knowledge and application of criminology in the process provided a real opportunity to discover the truth. Truly sovereign criminology is perhaps a little fuzzy. However, this term means a good understanding of criminology. In addition to an appropriate sanction, a conflict caused by a criminal offence is resolved by other means in the context of activities that do not apply the Code of Criminal Procedure or apply it only partially.

Criminal proceedings are the most important form of conduct regulated by law in connection with the offence. However, acting in connection with a criminal offence may have other forms of agreement of person in conflict, settlement, conciliation, mediation, arbitration. Criminal proceedings are conducted at a time when the perpetrator of a crime is the only probable culprit [9]. It must be organized in such a way that, until its completion, he has considered the accused innocent (presumption of innocence), but also that he carries out the necessary interference with his rights, without which a clarification of the initial probability would not be possible. With regard to criminal procedure, describes the system of protection of rights and freedoms, which is regulated by procedural rules to the only probable offender. Therefore, when ordering the rules, it is always necessary to take into account the possibility that the accused may be innocent and weaker in the confrontation with the authorities of criminal procedure, and in this sense, a confused situation is resolved in a manner favorable to the accused (favor defensionis). Modern criminal proceedings are therefore a deliberate effort to achieve equality between the prosecutor (who is usually an authority) and the accused, known as equality of arms (equality of arms). The application of intelligence to computerized forensic investigations involves a number of elements at different stages of the investigation lifecycle – the collection of digital evidence, the preservation of digital evidence (integrity and continuity of evidence), the analysis of digital evidence, and the presentation of that evidence.