The interrogation of the expert in criminal proceedings: purpose, conditions and subject
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2018, Vol 36, Issue 2
Abstract
The article is devoted to the disclosure and clarification on the basis of the norms of the current criminal procedural law and the available theoretical developments of the purpose, conditions and subject of the interrogation of the expert. The purpose of the interrogation of the expert is to explanation, specification and addition of his conclusion to eliminate of its incomprehensibility or incompleteness. The explanation of the expert’s conclusion is a clarification of its content in whole or in separate parts, aimed at forming at the participants of criminal proceedings the correct understanding of them. The specification of the expert’s conclusion implies an additional argumentation of some of its provisions in order to provide them with more detailed concretization. The addition of the expert’s conclusion implies the deepening of the content of certain parts of it due to the formulation and substantiation by the expert of additional statements, which have not the nature of conclusions, are based on the results of the research and do not require additional research. The conditions, under which the interrogation of the expert may be conducted, include the conducting by expert examination in criminal proceedings and the examining of the con clusion, drawn by him, by the subjects of criminal procedural proof. The subject of the interrogation of the expert is determined by a range of circumstances, that are subject to proof and established by a conclusion, drawn up by him, and by the circumstances of the criminal proceedings, which are known to the expert on the results of the researches. The content of the subject of the interrogation of the expert consists of the following groups of information: 1) the data about the methodology of research and theoretical developments, used during the examination; 2) the data about the sufficiency of the information, on the basis of which the conclusion was prepared; 3) the data about the scientific substantiation and methods, by which the expert came to the conclusion, as well as the means, used by him; 4) the data about the applicability and correct application of principles and methods to the facts of criminal proceedings; 5) the data, necessary to find
Authors and Affiliations
А. Р. Воробчак
Keywords
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