Use of special skills in criminal proceedings

Abstract

Attention is drawn to the objective prerequisites for the use of knowledge of various fields of science, technology, the arts and crafts and certain types of practical activities for identifying signs of crime and exposing persons guilty of their perpetration. The opinions of scientists who have tried to formulate the concept of “special knowledge” used in criminal proceedings, to determine their scope, special features and features are analyzed. It is argued that the concept of “special knowledge” should be formulated by scientists. It is they who need to identify all the defining and essential features of knowledge that will allow them to be attributed to the specific and only after that, the definition can be reflected in the relevant regulations, and not vice versa, as is not often the case in practice. Historically, the process of securing in the legislative acts the possibility of using knowledge of various branches of science and practical activity in criminal procedural evidence is shown. The forms of use of specialized knowledge and the subjects of such activity are analyzed. It is argued that the purpose of examination, as a form of use of specialized knowledge, is not always conditioned by their absence from the investigator, but the inadmissibility of combining different procedural functions in one person. It offers the author’s definition of specialist knowledge not related to the subject of their use.