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FEATURES OF THE LEGAL STATUS OF A SPECIALIST IN CRIMINAL PROCESS

A specialist in criminal proceedings is a person with special knowledge and skills in the use of technical or other means and can provide advice during pre-trial investigation and trial on matters requiring relevant special knowledge and skills.

A specialist can be involved to provide direct technical assistance (photographing, drawing up diagrams, plans, drawings, sampling for examination, etc.) by the parties to criminal proceedings during the pre-trial investigation and by the court during the trial.

A specialist can draw the attention of participants in criminal proceedings to the circumstances related to the identification, consolidation and study of evidence, give explanations about special issues arising during the course of procedural actions by providing oral advice or written explanations, and provide technical assistance. For these purposes, persons of different professions who are not interested in the results of the case may be invited, having higher or secondary education and systematic training in a specific specialty, as well as experience in a particular field of production, science, culture and craft.

Unlike an expert who carries out independent expert research, that is, conducts them outside the framework of any other procedural actions and requiring appropriate conditions and time (experiments, actions in comparison and identification of objects, complex calculations, etc.), a specialist, giving an explanation , is deprived of the opportunity to conduct any research, except for those that make logical conclusions using special knowledge. Moreover, these conclusions should be accessible to the perception and understanding of non-specialists, including in the conditions of the court session, since they constitute the content of the 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.

The specialist has the right:

  • to ask questions to the participants in the procedural action with the permission of the party involved in the criminal proceedings or the court;
  • use technical means, devices and special equipment;
  • to draw the attention of the parties to the criminal proceedings, which attracted him, or the court, to the characteristic circumstances or features of 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 done and reimbursement of expenses related to his involvement in criminal proceedings;
  • file a petition for security in cases provided by law.

The specialist is obliged:

  • arrive upon a call to the investigator, prosecutor, court and have the necessary technical equipment, devices and devices with you;
  • follow the instructions of the party involved in criminal proceedings or the court and give explanations on the issues raised;
  • not to disclose information directly related to the essence of criminal proceedings and procedural actions performed (committed) during it, and which became known to the specialist in connection with the performance of his duties;
  • to declare self-rejection in the presence of circumstances determined by law.

In case of non-arrival at the court without good reason or notification of the reasons for non-arrival, the court shall bear all the costs associated with announcing a break in the court session. The arrival of a specialist at the court is ensured by the party to the criminal proceedings who filed a request to summon him. The court shall assist the parties to the criminal proceedings to ensure the appearance of the indicated persons by means of a court summons. The law does not provide for application to a specialist on occasion.

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