Specific Features of the Participation of Non-Government Forensic Experts in Criminal Court Proceedings

Abstract

The author analyzes the importance of using special knowledge, including the format of expert examination, in modern criminal court proceedings. At present, alongside forensic experts affiliated with government expert bureaus or units, there exists a system of non-government private experts who offer expert services on a commercial basis. An analysis of current legislation regulating the work of non-government forensic experts makes it possible to conclude that the regulation is insufficient. It is stated that at present the law lacks the norms regulating the legal status, liability and authority of a non-government forensic expert, as well as the requirements to such specialists. This situation gives rise to the problem of assessing the verdicts of non-government experts in criminal proceedings, of the access of experts to the criminal case materials, and the proof of their competence and special knowledge. The author concludes that this problem should be discussed and some changes should be introduced in the current legislation. The author also describes the stages of appointing the examination and its procedure; the correctness of sending case materials, research materials to a corresponding expert institution; the familiarization of authorized persons with the abovementioned resolution; the distribution of work and the explanation of liability to the expert; the performance of the examination based on certain research methodology and the use of special knowledge from the spheres of science, technology, arts or crafts; the formulation of the verdict. Posing questions that should correspond to a number of requirements before the expert is analyzed; the competence of the expert for conducting research is determined.