Огляд місця події: особливості залучення спеціаліста

Abstract

The features of involving a specialist during the examination of the scene have been considered. It is noted that one of the main functions of the state is to counter crime, which is the basis of its criminal justice policy in all its manifestations, directions, and forms. The criminal justice aspect of countering crime primarily involves the activities of law enforcement agencies in detecting and investigating criminal offenses, establishing the guilty parties in their commission, and holding them accountable. Therefore, in every case of committing criminal offenses, law enforcement agencies must ensure prompt, thorough, and comprehensive investigation. Compliance with all principles of criminal proceedings is particularly important during investigative (search) actions. It is noted that today scientific and technological progress has significantly advanced, so in order for pre-trial investigation to be conducted effectively and for the tasks of criminal proceedings to be fulfilled, it is necessary to use the most modern achievements in various fields of science and technology. Experts and specialists have always been the leaders in these achievements in criminal proceedings. The concept of a specialist according to the Criminal Procedure Code of Ukraine and other regulatory legal acts has been analyzed, and it has been concluded that special regulatory legal acts provide a broader understanding of the concept of a specialist than the Criminal Procedure Code of Ukraine. The requirements placed on a specialist during the examination of the scene and the peculiarities of conducting it with the involvement of a specialist have been disclosed. After analyzing Part 3 of Article 237 of the Criminal Procedure Code of Ukraine, we have concluded that the participation of a specialist during the examination of the scene is not mandatory. It is up to the investigator or prosecutor to decide whether to invite a specialist for the conduct of this investigative (search) action. The examination of the scene is the most informative investigative (search) action regarding the committed criminal offense. Without the involvement of a specialist, the investigator or prosecutor conducting the examination of the scene may overlook and fail to identify evidence that could be of significant importance to the evidentiary base. In our opinion, it is advisable to utilize specialized knowledge during every examination of the scene, therefore the participation of a specialist should be mandatory. The participation of a specialist in each case during the conduct of this investigative (search) action will contribute to improving the quality of the pre-trial investigation. Therefore, we propose to amend Part 3 of Article 237 of the Criminal Procedure Code of Ukraine as follows: Part 3: The victim, suspect, defense counsel, legal representative, and other participants in the criminal proceedings may be invited to participate in the examination. In order to obtain assistance on matters requiring specialized knowledge, the investigator and prosecutor must invite specialists to participate in the examination.