Forms of specialist knowledge applied in the criminal investigation of offences in the field of economic activity
Abstract
The article substantiates that the scientific literature uses various concepts to denote the ways in which specialist knowledge is used in the course of criminal investigations. The generalization of the Ukrainian scholars’ theoretical approaches made it possible to argue for the expediency of using the concept of “form of use of specialist knowledge”, since it indicates not only the external expression of such activity, but also covers the objective and subjective conditions in which specialist knowledge is implemented, as well as the legal framework which determines the procedural procedure for its application.
Based on the analysis of theoretical developments of scholars and generalisation of law enforcement practice materials, the article establishes that various forms of use of specialist knowledge are implemented during the investigation of criminal offences in the field of economic activity. It is argued that the following may be defined as classification criteria for the forms of use of specialist knowledge: procedural position of the person who implements it; importance for solving tactical tasks of investigation; stage of criminal procedural activity at which it is implemented; depending on the subject who uses specialist knowledge, availability of evidentiary potential in the results of its use, etc.
It is found that the typical procedural forms of using specialist knowledge for the group of criminal offences under study are: engagement of an expert to conduct an examination, engagement of a specialist to draw up an opinion, and participation of knowledgeable persons in investigative (search) and procedural actions. A non-procedural typical form of using the specialist knowledge of knowledgeable persons provided during the pre-trial investigation of criminal offences in the field of economic activity is the consulting activity of specialists.
The emphasis is placed on the prospects for further research in the context of clarifying the typical forms of use of specialist knowledge which are implemented during the trial of criminal offences in the field of economic activity.
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