Initiation of forensic examinations by the defence counsel: topical issues of forensic support

Abstract

The article is devoted to the consideration of topical issues of initiation of forensic examinations by the defence counsel, as well as forensic support of this activity. The relevance of the topic is due to the fact that the initiation of forensic examinations by the defence counsel is an important aspect of the criminal process which affects not only the formation of the evidence base for the prosecution, but also for the defence, which can establish the circumstances that justify or mitigate the responsibility of the defendant. The article focuses on the fact that the defence counsel may obtain an expert opinion in three ways at the stage of pre-trial investigation: 1) defence counsel’s independent request to an expert or an expert institution to conduct an expert examination; 2) defence counsel’s initiation of a forensic examination by an investigating judge; 3) defence counsel’s initiation of a forensic examination by an investigator, coroner, or prosecutor. It is noted that the organisational activities of a defence counsel who plans to initiate a forensic examination before an investigator, coroner, or prosecutor include three stages: preparatory, working, and final. The author analyses all three stages of organisational activities of a defence counsel who plans to initiate a forensic examination, both from the criminal procedural and forensic sides. The author emphasises that when filing a relevant motion, a defence counsel should always clearly understand what specific purpose is being pursued and what result is desirable from the defence perspective. The author comes to the conclusion that forensic support for the defence counsel’s initiation of forensic examinations to the investigator, coroner, prosecutor is provided in the process of: preparation, submission of a petition, and familiarisation with the results of the examination.