Forms of using special knowledge in criminal proceedings: theoretical and praxeological aspects

Abstract

The author has outlined topical issues of using special knowledge in criminal proceedings. He has emphasized that in order to comply with the principles of criminal procedure legislation and timely referral of criminal proceedings to court, law enforcement agencies must use modern advances in science and technology and be aware of the possibilities of special knowledge. To this end, the main forms of use of special knowledge, their harmonization with regulations and laws have bee highlighted. The scientists’ opinions on this subject have been analyzed. Various criteria for classification of forms of special knowledge have been specified. The focus is on those forms of use of special knowledge that are of the greatest importance for the pre-trial investigation, as well as the direct use of special knowledge by the investigator, prosecutor, given their functional responsibilities. Emphasis has been placed on the separation of functions of a forensic expert and a specialist, the reform of the Expert Service of the Ministry of Internal Affairs of Ukraine has been analyzed, both positive aspects and shortcomings of informed persons during investigative (search) actions have been noted. The tmphasis has been placed on the important role of such an investigative (search) action as the appointment of forensic examinations, indicating the errors and miscalculations made by the investigator, prosecutor during the collection of necessary materials, selection of comparative samples for expert examination. Particular emphasis has been placed on asking questions to the expert to address, their consistency with the objectives of specific criminal proceedings and ways to avoid common mistakes. The advisory assistance of knowledgeable persons is emphasized and its separation from the reference form of use of special knowledge has been proved. Based on the opinions of scientists, the author has proposed to use both oral and written consultation.