Abstract
The article is devoted to one of neglected problems lying in a triangle between substantive criminal law, criminal procedure, and expertise. In substantive criminal law, it is necessary to establish the size of damage caused by larceny. In widely known cases, fraud may be established if a victim bought something for an exceptionally high price being deceived as to the fair market price. As it is required by case law, it is necessary to prove (criminal procedure aspect) the fair market price which was hidden from the victim. This market price should be established as an exact sum. But current methods of expertise do not allow to establish such exact sum. To the contrary, the fair market price may be proven only as an interval between the minimal and maximal prices at any given moment. Moreover, such approach to the fair market price is used in other legal regimes such as bankruptcy cases, tax liability, etc. The authors submit that the current case law should be changed in favour of more consistent with available expertise methods’ approach.
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