Problems of Application of Special Knowledge in the Criminal Proceedings and Ways to Resolve Them

Abstract

The article continues the scientific discussion on the possibility of using the conclusion and testimony of a specialist in criminal proceedings. The significance of the conclusion (both judgments) and the testimony of a specialist primarily for the defense party, including for evaluating the expert's conclusion, is substantiated. The following changes in the criminal procedural legislation are proposed: - addition of the possibility of using the expert's conclusion by the court; - the exception of the concept of a specialist's conclusion as a study provided under the reduced form of inquiry; - addition of a new chapter in order to determine the procedural order for obtaining and processing a specialist's opinion and his interrogation; - addition of grounds for the appointment of a second judicial examination - a conclusion and testimony of a specialist, questioning the validity of the expert's conclusion; - restriction of the right of the defense in the case of the appointment of a forensic expert examination prior to the institution of a criminal case by compulsory appointment of an additional forensic examination and only at the stage of acquaintance with the expert's conclusion; - introduction of the procedural status of the Head of the Expert Institution as well as providing him with an opportunity to prepare a specialist opinion as a review of the conclusion of a subordinate expert; - the extension of the right of an expert initiative to a specialist and the head of an expert institution by preparing a specialist opinion for the purpose of expert prevention. The tactical peculiarities of using the expert's conclusion and testimony, as well as the conclusions of the expert consultant as another proof, are considered.