Subjects of using of special knowledge in criminal proceedings
Journal Title: Юридические науки и образование - Year 2015, Vol 44, Issue 44
Abstract
Participant of criminal process should be recognized any physical person taking part in it, under determination and normative fixation its legal status. Under participation in criminal process should be understood any actions or inactions of a person (if under this might be understood a presence and passive observation) in investigative and other procedural actions, and also organizational measures carrying out on the criminal case. According to main provisions of criminal procedure legislation (article 7 of the CPC) a legal representative of a witness (article 104 of the CPC), representative of a witness (article 105 of the CPC) and legal successor of a victim (article 106 of the CPC) are not the participants of criminal process. This seems to be wrong and subject to be corrected. The CPC must be supplemented with provisions in respect of a person status, presence under production of procedural actions and mandatory signing of a record by all participants of it.
Authors and Affiliations
Kamran Rustamov
Keywords
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