The Concept and Essence of Specialised Knowledge Used in Smuggling Investigation

Abstract

The article substantiates that in the theory of forensic science the concept of “special knowledge” has a broad and narrow meaning. The expediency of using this term in a narrow sense is determined by the context of its use (for example, in terms of a specific specialisation or a group of criminal offences combined on the basis of certain criminal law and/or forensically significant features). It is found that in the course of investigation of criminal offences related to smuggling, the most common is the use of specialised knowledge in the field of science, technology and art.

It is determined that the forms of expert participation in the smuggling investigation cover several procedurally regulated areas of interaction with pre-trial investigation authorities and the court. They involve the use of specialised knowledge with a view to clarifying the circumstances relevant to criminal proceedings and can be implemented both in the form of an expert examination and by engaging a specialist to provide technical advice or practical assistance, but under such conditions, a forensic expert acquires the procedural status of a specialist.

It is established that, for the most part, all examinations appointed during the investigation of criminal offences related to smuggling are mandatory, since it is impossible to solve tactical tasks in any other way, since this is within the competence of knowledgeable persons. The most typical examinations include commodity, weapons, explosives, biological and trace evidence, art history, etc.

It is noted that the structure of special knowledge and practical skills of knowledgeable persons involved in the investigation of criminal offences related to smuggling is dominated by knowledge in the fields of biology, weapons science, explosives, materials science, art, natural sciences (mainly chemistry and physics), etc. It is recommended that the special knowledge used in the investigation of criminal offences related to smuggling should be understood as scientific and technical knowledge, as well as knowledge in the field of art, which is a prerequisite for solving tactical tasks of investigation and trial which are beyond the professional competence of the parties to criminal proceedings and the court.