Special Knowledge Application in the Prosecutor’s Office Activities

Abstract

In the paper, given the recent history of prosecutorial supervision, the opinions of prosecutors and scientists, and the position of the Constitutional Court of the Russian Federation, the authors analyze the legislation and court practice on cases when prosecutors engage experts. The forms of special knowledge application in the course of the prosecutor’s supervision are highlighted and specified. The authors formulate recommendations for their design and use both during the prosecutor’s investigation and for further possible legal proceedings. In case the prosecutor’s decision is taken within the framework of the powers granted by the Law on the Prosecutor’s Office, it must be made based on the results of an audit conducted with the participation of a competent person. In cases when the prosecutor’s investigation findings are subsequently result in response measures made up of legal norms in the framework of legal proceedings, the examination must be carried out in court in order to establish the circumstances requiring the use of special knowledge. Special knowledge application in the course of the prosecutor’s investigation becomes the basis for further measures of the prosecutor’s response. The authors substantiate the opinion that the integration of the institution of forensic examination into the implementation of prosecutorial supervision in its pure form is impossible. At the end of the paper, a conclusion is formulated about the forensic significance of this activity, including for an investigator, an inquiry officer at the stage of initiating a criminal case.