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Криминалистика. Формы использования специальных познаний в уголовном судопроизводстве (самое важное)

Lecture notes, cheat sheets

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6. FORMS OF USE OF SPECIAL KNOWLEDGE IN CRIMINAL PROCEEDINGS

Special knowledge means knowledge possessed by a subject who has undergone special professional training and carries out practical activities in his specialty in a particular field of knowledge.

Forms of using special knowledge:

1) non-procedural, carried out in the form:

a) advice, which can be obtained both orally and in writing;

b) preliminary research as part of the verification of initial materials to resolve issues of initiating a criminal case;

c) involvement of specialists in the implementation of operational-search activities;

d) conducting audits, audits before initiating a criminal case. It is issued in the form of a specialist opinion.

These forms can be used by decision of the investigator, interrogating officer, prosecutor;

2) procedural:

a) the main one is the participation of a specialist in investigative actions;

b) appointment of an expert examination.

The most common forms of application of special knowledge in criminal proceedings are attracting a specialist and assigning an examination. A specialist and an expert, as participants in criminal proceedings, have a number of similar features, but they should not be identified, since there are significant differences between them.

Specialist is a figure procedurally dependent on the investigator, since by virtue of the direct indication of Art. 58 of the Code of Criminal Procedure of the Russian Federation, he is involved in conducting investigative actions in order to assist in the discovery, fixation and seizure of evidence.

Expert is an independent person, draws up a conclusion on his own behalf and bears personal responsibility for it. The expert bears criminal responsibility for knowingly false conclusion.

The main difference between a specialist and an expert is that an expert issues a conclusion that is recognized by law as evidence, and a specialist helps to detect, secure and seize objects and documents, assists in the use of technical means, assists the investigator, the interrogating officer and the court in formulating questions to the expert in the resolution and appointment of the expert examination, explains to the party and the court the issues within the scope of its competence.

A specialist can participate both in investigative actions (examination of the scene of the incident, interrogation), and in some procedural actions (inventory of property, seizure of property, etc.).

The involvement of a specialist is documented in the protocol, the rights and obligations are explained to the specialist, a subscription is taken not to disclose the data of the preliminary investigation. For the disclosure of such data, the specialist bears criminal liability in accordance with the Code of Criminal Procedure of the Russian Federation (Article 58).

It is necessary to involve a specialist taking into account the established practice.

The specialist does not have the right to indicate, he has the right to assist in finding any object or may recommend this or that technique.

The specialist participates in the investigative action; can formulate conclusions (these conclusions are not recorded in the minutes).

Authors: Aleinikov A.G., Salova E.E.

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