The problems with expert evidence in criminal defense
Journal Title: Юридические науки и образование - Year 2019, Vol 60, Issue 60
Abstract
The authors of the article present their judgments on topical issues of the possibility of conducting an advocate investigation in the implementation of legal protection in criminal cases. The paper outlines the problems associated with the collection of evidence and factual information by the lawyers, in particular, with the conclusion of a specialist. Great attention is paid to the problem of legal regulation of the mechanism for engaging appropriate specialists to participate in criminal proceedings. The authors substantiate the idea of assigning the duty of the preliminary investigation bodies and the court to attach the specialist's conclusion submitted by the defense party as evidence in the materials of the criminal case. It is possible to implement procedural equality in the collection of evidence based on the use of special knowledge and to ensure the implementation of the principle of adversarial parties in criminal proceedings in case of detailed legislative regulation of the procedure for involving a specialist in criminal proceedings by a defender; the procedure for explaining the rights, duties and responsibilities of a specialist; securing the obligation of the preliminary investigation bodies and the court to attach the expert’s opinion as evidence to the materials of the criminal case.
Authors and Affiliations
Elena Logvinets, Angelika Lyakhova, Natalya Katorgina
Keywords
Related Articles
- EP ID EP649620
- DOI 10.25108/2304-1730-1749.iolr.2019.60.365-385
- Views 91
- Downloads 0
Problems of evaluation of expert-psychologist’s report
Evaluation of the evidences is mandatory element of proving process. It is concluded in result on reliability or unreliability of evidences and proof or non-proof of a fact containing in it. There should be differentiate...
Conflicts of criminal procedural legislation of Azerbaijan Republic in part of objectives, principles and conditions of criminal proceedings
Code of Criminal Procedures of Azerbaijan Republic contains many imperfections and contradictions that excludes its optimal functioning; status of many persons who participate in criminal process in the CCP is not define...
The lawyer in pretrial criminal proceedings
Study of participation of the lawyer in pre-trial criminal proceedings, consideration of structural elements of the system and their peculiarities. Suggestions have been made to change the acting legislation.
The system of a defense against unjustified accusations
It is suggested a system of tactical methods of a defense in criminal proceedings. It is examined systemic and specific characteristics, such as: goal orientation, selectivity, dynamics, etc
Some issues of modern criminal policies
It is revealed some of the problematic issues of modern criminal law doctrine, a list of dilemmas that require urgent solutions, such as the need to improve the structure of the theory of the Criminal Law, the formalizat...