Оценка заключения эксперта: криминалистические и уголовно-процессуальные аспекты

Abstract

The process of proving in criminal cases consists of many factors, one of which is the use in the process of proving evidence obtained during the investigation of a criminal case or consideration of a criminal case on the merits. As evidence, according to Article 74 of the Code of Criminal Procedure of the Russian Federation, the testimony of the suspect, the accused, the testimony of the victim, the witness, the conclusion and testimony of an expert, the conclusion and testimony of a specialist, physical evidence, protocols of investigative and judicial actions and other documents can act. At the same time, none of the evidence has a predetermined force and is evaluated in aggregate along with other evidence. The subjects of proof – the investigator (inquirer), the prosecutor, the court, as well as the defense attorney must evaluate any evidence in terms of their admissibility, relevance and reliability, and all in aggregate – their sufficiency for the consideration of a criminal case. Evaluation of the expert’s opinion causes the greatest difficulties in practice for all participants in the proof process, since they have to face evidence, the study of which requires certain skills and knowledge. Based on this circumstance, an attempt has been made to reveal in the article the criminalistic and criminal procedural aspects of such an assessment. Special emphasis is placed on the typical mistakes and shortcomings that experts make when preparing their conclusions, as well as mistakes made by participants in the proof process when studying the text of the expert opinion. Recommendations for correcting such errors are proposed, as well as a recommendation for changing the current criminal procedure legislation.