Open AccessON THE ISSUE OF INTRODUCING THE CONCEPT OF SPECIALISTCONCLUSION TO CRIMINAL PROCEDURE LEGISLATION
Author(s) -
Ella Simakova-Yefremian
Publication year - 2019
Publication title -
teorìâ ta praktika sudovoï ekspertizi ì krimìnalìstiki
Language(s) - English
Resource type - Journals
eISSN - 2708-5171
pISSN - 1993-0917
DOI - 10.32353/khrife.2.2019.08
Subject(s) - legislator , legislation , argument (complex analysis) , interpretation (philosophy) , legislature , criminal procedure , process (computing) , criminal code , criminal investigation , political science , law , criminal law , computer science , psychology , medicine , programming language , operating system
The issue of introducing the concept of «specialist conclusion» into the criminal procedure of Ukraine is investigated. The argument about inappropriateness of introducing this concept into the criminal process is given on the basis of the specialized literature analysis and the relevant norms of the legislation, since the Criminal Procedural Code of Ukrainedoes not contain either its interpretation, its content, nor its rules of procedure, but only indicates that specialist conclusion should meet the requirements to expert conclusion. It calls into question the need to introduce into the criminal process a source of evidence such as the «specialist conclusion», since it is essentially no different from the expert conclusion, since the same requirements are imposed on him by the legislature only with regard to establishing facts and circumstances of a criminal offense and not a crime.
By nature, performed research with the use of specificexpertisefor establishing the facts and circumstances of a criminal offense will be no different from a study conducted with the use specific expertise to establish the facts and circumstances of a crime, since the technique will be used the same and the document will be drawn up in the same way. However, in view of the need for a simplified procedure for pre-trial investigation of criminal offenses, the legislator introduces another name for the document which is drawn up as a result of such research. The question is: why not get an expert right away? Indeed, clear requirements and procedures for its implementation are established for expert conclusion in contrast to the specialist conclusion. Taking into account the need to simplify the procedures for pre-trial investigation of criminal offenses, the appropriate time limits can be established in the procedural law and by-laws.
The relevant conclusions are made and specific proposals are given on introducing amendments to the Criminal Procedural Code of Ukraine.