Experience in regulating the examination in the criminal process of Germany and Switzerland

Abstract

The article aims to highlight the experience of individual foreign countries (Germany and Switzerland) in the legal regulation of such a specific institution of criminal procedure law as examination. The object of this study is criminal procedural legal relations arising during the production of a visual examination of a living person's body in order to obtain information relevant to a criminal case. The subject of the study is the norms of the criminal procedure legislation of Russia, Germany and Switzerland, regulating the grounds and procedure for the production of this investigative action, as well as the works of individual scientists devoted to the investigative action under study. The main method of cognition in the course of the study was the comparative legal method, methods of analysis, synthesis, system-structural method and modeling method were also used. The novelty of the study was that the author critically examined the norms of the criminal procedure legislation of certain foreign states from the Romano-German legal family on examination, both in comparison with each other and with a similar institution of the Russian criminal process. As a result of comparing the norms of the legislation of Germany and Switzerland, the peculiarities of the legal nature and legislative regulation of the institute of examination in these states were revealed. The result of the research was the original author's proposals and recommendations on using the experience of certain norms of foreign legislation to make appropriate changes to domestic criminal procedure legislation.