FEATURES OF THE LEGAL STATUS OF A SPECIALIST IN CRIMINAL PROCESS
An expert in criminal proceedings is a person who has special knowledge and skills of using technical or other means and can provide advice during pre-trial investigation and trial on issues requiring appropriate specialist knowledge and skills.
A specialist can be involved in the provision of direct technical assistance (taking photographs, drawing up charts, plans, drawings, selecting samples for examination, etc.) by the parties to the criminal proceedings during the pre-trial investigation and the court during the trial.
The specialist may pay attention to the participants in the criminal proceedings in circumstances related to the detection, consolidation and examination of evidence, to provide explanations on the special issues that arise during the conduct of procedural steps by providing oral advice or written explanations, and provide technical assistance. For these purposes, persons of different professions who have higher or secondary education and systematic training in a particular specialty, as well as work experience in a certain field of production, science, culture and crafts may be invited to the results of the case.
In contrast to an expert who conducts independent expert research, that is, conducts them out of the framework of any other procedural actions that require appropriate conditions and time (experiments, actions for comparison and identification of objects, complex calculations, etc.), specialist, giving explanations, deprived of the opportunity to conduct any research, except those that make logical inferences with the use of special knowledge. Moreover, these conclusions should be accessible to the perception and understanding of non-specialists, including the terms of the court, because they constitute the content of explanations.
The parties to the criminal proceedings have the right during the trial to file a petition for the involvement of a specialist or the use of his explanations and assistance.
Specialist is entitled to:
to ask questions to the parties to the procedural action with the permission of the party to the criminal proceeding which attracted it or the court;
to use technical means, devices and special equipment;
to pay attention to the party involved in the criminal proceedings, or the court, on the specific circumstances or peculiarities of the things and documents;
get acquainted with the protocols of procedural actions, in which he participated, and submit comments to them;
receive remuneration for the work performed and reimbursement of expenses related to its involvement in the criminal proceedings;
To apply for security in cases stipulated by law.
The specialist must:
arrive at the call of the investigator, prosecutor, court and have the necessary technical equipment, devices and devices;
to comply with the instructions of the party involved in the criminal proceedings, the court or the court, and to give an explanation of the questions raised;
not to disclose information which directly relates to the essence of the criminal proceedings and procedural actions carried out (carried out) during him and which became known to the expert in connection with the performance of his duties;
to declare a self-discharge in the presence of circumstances determined by law.
In the case of non-appearance without due reasons or failure to report the reasons for non-arrival at a specialist, all expenses related to the announcement of a break in the court are borne by the court. Arriving in a specialist court is provided by a party to the criminal proceedings who has filed a petition for his challenge. The court assists the parties to criminal proceedings in ensuring the appearance of these persons through a judicial challenge. The law does not provide for application to a specialist.
Author: Ivan Ishchuk