Open AccessTHREAT OF DEATH OR THE OCCURRENCE OF OTHER SEVERE CONSEQUENCES AT PRODUCTION: A PRE-TRIAL INVESTIGATION, FORENSIC SCIENCE
Author(s) -
А. Krupka,
Maryna Oleksandrivna Kraliuk,
Viktor Kostenko
Publication year - 2019
Publication title -
teorìâ ta praktika sudovoï ekspertizi ì krimìnalìstiki
Language(s) - English
Resource type - Journals
eISSN - 2708-5171
pISSN - 1993-0917
DOI - 10.32353/khrife.1.2019.27
Subject(s) - harm , action (physics) , production (economics) , variety (cybernetics) , luck , cause of action , state (computer science) , psychology , business , criminology , medicine , political science , law , social psychology , computer science , economics , epistemology , philosophy , physics , supreme court , algorithm , quantum mechanics , artificial intelligence , macroeconomics
The article is devoted to the development of forensic engineering in the field of labor protection while investigation of crimes against the industrial safety. Based on the analysis of specific forensic examinations and ordering of scientific literature proposes the creation of a unified methodological approach to problem solving forensic expertise with a real threat of death or the occurrence of other severe consequences in production to establish the causes and consequences of emergencies, cause-effect relationships in the system of “action / in action of a person - emergency”.
Under the "real threat of death or the occurrence of other severe consequences, "it is necessary to understand such changes in the state of production objects as a result of which there is a real danger to the life or health of people or hurting a variety of benefits.
Creation of the threat of death or other severe consequences must be real, indicative of the occurrence of a particular production process or as a result of such a dangerous state (threats), may occur when the consequences prescribed by law. Not occurrence of the consequences can be associated either with the timely suppression of the violation, or with a “stroke of luck”.
Other serious consequences are grievous bodily harm to one or more persons, moderately bodily harms two or more persons, significant material damage to citizens and companies.
While resolving examination issues, the following should be indicated: what is the real threat of death or the occurrence of other severe consequences; who and what deflections from the regulatory and legal acts on labor protection allowed in this production situation; who of the persons involved in the event had the technical ability to prevent the creation of a real threat of death or other severe consequences, what actions to do so they had to carry out and what their actions (inaction) from a technical point of view is in direct causation connection with the emergence of these hazardous working conditions.