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
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- EP ID EP649620
- DOI 10.25108/2304-1730-1749.iolr.2019.60.365-385
- Views 64
- Downloads 0
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