Assessment Features of the Non-State Expert’s Opinion in Criminal Proceedings

Abstract

The evidentiary value of expertise is indisputable. Today, due to the development of the adversarial principle, rapid progress of science and technology, high technology, the involvement in criminal proceedings of persons with specialized knowledge, who are not the State experts, is particularly demanded and justified. However, the possibility of using the a non-State expert’s opinion as evidence in a case is poorly regulated by the current criminal procedural legislation both as for establishing the legal status of a non-State expert, the procedure to tender in evidence the expert’s opinion in the criminal case file and for its verifying and evaluating. The evaluator often lacks sufficient special knowledge to assess the correctness of the methodology used, the tests performed, the validity of the findings, the evaluator cannot assess the competence of the expert in these matters, within which he/she gives the expert opinion. In this regard, the author has developed and systematized an algorithm for sequential verification and evaluation of a non-State expert’s opinion.