Involvement of the Expert by the Defendant for an Examination during the Investigation of the Murder

Abstract

Objective. To study the possibilities and mechanisms of engaging an expert by a defense counsel in criminal proceedings on murder; to reveal the possibility of a defense counsel to engage an expert to conduct mandatory examinations in the investigation of murder; to formulate recommendations to the defense counsel on providing the expert who is engaged in the examination on the basis of his/her petition with objects and samples for expert examination. Methodology. The article uses a set of scientific methods, namely: terminological, systemic and structural, formal and logical, comparative legal. Scientific novelty. In criminal proceedings for murder, the defense may independently obtain an expert opinion on the basis of an agreement with an expert or an expert institution and submit it to the pre-trial investigation body or the court to substantiate its legal position. At the same time, it has been established that the defense cannot initiate forensic medical and forensic psychiatric examinations before an expert or expert institution due to legal conflicts between the provisions of the Criminal Procedure Code of Ukraine and the provisions of bylaws regulating the appointment of these types of forensic examinations. In order to obtain samples for examination, the accused was advised to involve a specialist in this procedural action or to obtain advice from him. Conclusions. In criminal proceedings for murder, the accused's ability to engage an expert to conduct an examination relates to the appointment of mandatory and optional examinations. To conduct mandatory forensic medical and forensic psychiatric examinations, the accused shall apply to the investigator or prosecutor for their appointment, and in case of refusal - to the investigating judge, submitting a corresponding petition. The inability of the accused to initiate forensic medical and forensic psychiatric examinations before an expert or expert institution violates the equal opportunities of the parties to criminal proceedings to present their evidence to the court and to prove their conviction in court. In order to ensure the possibility of conducting examinations in criminal proceedings on murder, the defense party initiating them shall submit to the investigator, prosecutor or investigating judge a request for specific objects and samples or obtain (request) them independently. When obtaining samples for examination, it is mandatory for the defense counsel who initiated the examination to be present in the presence of the relevant samples