Specificity of special knowledge use by the defense attorney in criminal proceedings

Abstract

This paper outlines the study of special knowledge use by defense attorney in criminal proceedings and its specificity. It is noted that defense effectiveness is directly determined by correct tactical decisions made within the criminal proceedings, namely structuring the defense algorithm to achieve the desired result. Selection of such tactical solutions depends, in particular, on the level of defender’s special knowledge or one’s awareness regarding its application by other authorized parties.
 The aim of this paper is to determine the specificity of special knowledge use in criminal proceedings by the defense attorney.
 Paper provides a linguistic and academic interpretation of the «special knowledge» concept. Authors note that it is necessary to take into account the purpose of its use (that is, not only for investigation, solving or prevention of criminal offenses, but also for the protection of rights, freedoms and legitimate interests of the suspect, accused and other subjects under Article 45 (1) of the Criminal Procedure Code of Ukraine) while defining the content of the specified concept. Attention is also paid to forms of special knowledge application by the defense attorney in criminal proceedings. It is emphasized that one may support the investigative process and justification of defense position based on the opinion of a specialist or expert with such justification grounded for the prosecution party.
 Author concludes that specificity of special knowledge use by the defense attorney in criminal proceedings stipulates: ability to directly apply it (independently), but with limits in comparison to pre-trial investigation bodies, and indirectly (involve a specialist or forensic expert (or request their opinions) via an investigator, inquirer, prosecutor, investigating judge, court to); use of knowledge backed by well-known constitutional principle «everything is allowed unless expressly prohibited by law» - authorized persons of pre-trial investigation bodies, though, use it only in accordance with a specific clause from a legal act of a different hierarchical level (based on legal force).