Involving experts into criminal proceedings

Abstract

Procedural forms of using special knowledge in criminal proceedings have been considered. They are expert involvement, specialist involvement, participation of forensic expert or doctor in conducting examination of a person, demanding the findings of audits and inspections’ acts.

Definition of an expert and forensic examination has been formulated. The nature of forensic expertise has been characterized; and the grounds of its appointment have been provided.

Forms of involving experts into criminal proceedings have been analyzed. They include appeal of a party of criminal proceedings to an expert and appointment of examination’s conduction by an investigating judge or a court.

It has been stated that the defense can involve an expert to criminal proceedings during the preliminary investigation by the way of: a) petition claiming the prosecution; b) independent involvement of experts on a contractual basis; c) application to the investigating judge with the request to involve experts. Unlike the defense, the victim may involve an expert to criminal proceedings merely by claiming the prosecution motion. Considering this the list of the rights of the victim to involve experts into criminal proceedings requires expansion. It is alleged that questioning of a forensic expert has to be also regulated during the preliminary investigation.