Regarding the pre-trial investigation of suicides committed by military personnel

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Authors: О.О. Несен, N.V. Kravchenko
Cited by: 0

Abstract

The pre-trial investigation into suicides committed by service members while on duty is an intricate and multifaceted process. Such investigations demand a comprehensive understanding not only of criminal law, procedure, and forensic science but also of forensic medicine, forensic psychiatry, and medical psychology. The implications of a service member’s suicide extend well beyond legal ramifications. They profoundly affect the deceased’s family, often resulting in the denial of payments related to the death. The nature of these investigations frequently generates significant public resonance, leading to a myriad of inquiries, complaints, and motions. This public interest necessitates meticulous attention from both investigators and forensic experts involved in the pre-trial process. The primary objective of the investigator is to conduct a thorough, comprehensive, and objective examination of the circumstances surrounding the incident, establishing the factual sequence of events that preceded and led to the event. To achieve this, investigators rely on the expertise of professionals from various disciplines, including forensic psychiatry, forensic medicine, and forensic ballistics and chemistry. This article aims to disclose certain peculiarities of the pre-trial investigation into military suicides. It underscores the necessity for an integrated approach to the forensic component of the investigative methodology for this type of offense. This approach encompasses various investigative tactics, including crime scene examination, victims and witness interrogation, investigative experiments, and the careful collection of materials necessary for posthumous psychological and psychiatric evaluations. Special emphasis is placed on accurately determining the true circumstances of the incident, confirming the act as a suicide, and differentiating it from cases of intentional homicide or incitement to suicide. The authors stress the importance of collaboration among law enforcement agencies, forensic medical examiners, and military command of the unit to which the deceased belonged. The integration of the Military Law Enforcement Service in gathering primary materials is deemed essential for a robust pre-trial investigation. The discussion advocates for a strategic approach wherein initial documentation considers the incident as an apparent intentional homicide. This perspective provides a solid foundation for any subsequent reclassification of the case and informs the final procedural decisions. Additionally, the article offers practical recommendations tailored for use during pre-trial investigations. Insights are drawn regarding the nuances of appointing posthumous psychiatric evaluations in criminal cases related to service members’ suicides and the tactics for conducting other investigative actions. The authors also note parallels between investigations of military suicides and those involving the suicides of police officers and other law enforcement personnel.

Fields of Study & Subjects

Ukrainian Legal and Forensic Studies Suicide and Self-Harm Studies Homicide Infanticide and Child Abuse

Publication details

Journal / source
Analytical and Comparative Jurisprudence
Volume
3
Issue
1
Pages
101–106
Publication date
4 March 2026
Language
EN