Artisan – Expert, Specialist, Witness?

Abstract

The article analyzes the problem of using special knowledge in the field of craft in the investigation and trial of criminal cases. The history of the of such knowledge in the field of criminal proceedings goes back to ancient times. For the first time, the use of such knowledge in criminal proceedings was indicated in the Code of Laws of the Russian Empire in 1832. Subsequently, it was established: the Charter of Criminal Proceedings of 1864, the Criminal Procedure Codes of the RSFSR of 1922, 1923, 1960. The current Criminal Procedure Code of the Russian Federation does not indicate the scope of knowledge used in expert research, but this flaw is compensated by the Federal Law of May 31, 2001 No. 73-FZ “On State Forensic Expert Activities in the Russian Federation”, revealing the concept of examination, including in the sphere of specialized knowledge, except science, technology, art and craft. Scientificity cannot be a sign of craft knowledge, since, firstly, the legislator himself separates areas of specialized knowledge from each other, and, in particular, from science, and secondly, knowledge in this area does not require professional education, experience is sufficient, as well as skills and mastery. An artisan cannot and should not act as an expert in a criminal case, due to the requirements placed on an expert regarding knowledge and qualifications, he is unlikely to be able to conduct an expert study and draw up a qualified expert opinion. For the same reason, he also cannot be involved in giving a specialist opinion, since its preparation requires appropriate knowledge and competence. An artisan may be invited as a specialist to participate in procedural actions in accordance with Part 1 of Art. 58 of the Code of Criminal Procedure of the Russian Federation or interrogated as an ordinary witness who may know any circumstances relevant to the investigation and resolution of the criminal case (Part 1 of Article 56 of the Code of Criminal Procedure of the Russian Federation).