The criminal procedure aspect of differentiating criminal responsibility of the expert and specialist for perjury and conclusions
Journal Title: Юридические науки и образование - Year 2019, Vol 60, Issue 60
Abstract
The establishment of criminal responsibility of the expert and specialist for perjury and knowingly false conclusions is a guarantee of the credibility of the data obtained from them. The differentiation of this responsibility and the determination of the nature of illegal actions of each of the named persons who have special knowledge are only possible through a clear demarcation of their criminal procedure rights and duties. The aim of this work is to identify the criminal procedure conditions for prosecuting the expert and specialist. In the study the authors used the methods of comparative law, historicism, structured system analysis and synthesis. The analysis of the current Russian legislation, the criminal procedure legislation of Germany, which is the most similar to the Russian one in its conceptual framework and case law, shows the need to specify the criminal procedure status of the specialist in order not only to solve a lot of procedural problems of using his special knowledge, but also to ensure the strict differentiation of criminal responsibility of the specialist, expert and witness in case of their perjury during the investigation and in court. The differences in the procedural responsibilities of these persons create the features of the objective and subjective sides of illegal actions committed by them. The article may be useful in the field of legislation, law enforcement and science. The legally provided possibility to prosecute the experts and specialists for knowingly giving false opinions and testimony can be an effective means of ensuring the credibility of the evidence obtained with the use of their special knowledge, but only in case of maximum specification of the procedural status of the expert and specialist, which the current Russian law does not contain.
Authors and Affiliations
Alexander Tarasov, Aliya Sharipova
Keywords
Related Articles
- EP ID EP650935
- DOI 10.25108/2304-1730-1749.iolr.2019.60.450-466
- Views 71
- Downloads 0
Criminalistical tasks of investigation of evasion of the customs duties payments associated with smuggling and the ways of their resolution
Crimes’ detection is a variety of cognitive activity and has methodological significance for investigative practice. It is a specific branch of investigative cognition. There is disclosed necessity determination of prima...
Restriction of Russian information and cultural content in Ukraine: conventional measurement
In the conditions of a hybrid war, information warfare is an important component. In connection with Russia's aggression against Ukraine, the latter is forced to seriously restrict the dissemination of Russian informatio...
Particularities of a subject of proving on criminal cases in respect of minors
The most complete and correct classification of information about an identity of a suspect, accused minor is those, which covers the following data: 1) demographic information; 2) information that characterizes personal...
Criminal right as the right of its time (on concept of modern criminal law)
The article formulates provisions creating in combination of a concept of modern criminal law, analyses the requirements brought to criminal legislation, and shows the directions of its improving. It is reasoned a conclu...
System of protection the rights and interests of an individual in criminal pre-trial proceedings
System of protection from criminal prosecution consists from mutually associated elements, which include the main principles and terms of criminal proceedings, participation of a defender and representatives, personal pr...