Open AccessREASONABLE TIME LIMIT FOR OBTAINING AN EXPERT OPINION AT THE STAGE OF INITIATING CRIMINAL PROCEEDINGS
Author(s) -
Николай Александрович ПОДОЛЬНЫЙ
Publication year - 2021
Publication title -
pravovoe gosudarstvo: teoriâ i praktika
Language(s) - English
Resource type - Journals
ISSN - 2500-0217
DOI - 10.33184/pravgos-2021.4.14
Subject(s) - legislation , time limit , variety (cybernetics) , criminal code , law , expert opinion , criminal investigation , criminal procedure , interpretation (philosophy) , russian federation , norm (philosophy) , limit (mathematics) , criminal law , political science , computer science , criminology , psychology , sociology , mathematics , medicine , engineering , artificial intelligence , mathematical analysis , systems engineering , regional science , intensive care medicine , programming language
The purpose of the study is to determine the reasonableness of the time limit for obtaining an expert opinion in the course of verifying a crime report at the stage of initiating criminal proceedings. The study is based on the provisions of the current legislation on criminal procedure as well as on the by-laws governing the appointment and conduct of forensic examinations. Moreover, the findings of the article are based on investigative and judicial practice. The study employs a variety of scientific methods: information analysis and synthesis, empirical-critical, comparative-legal, systemic. These methods make it possible to identify the status of the problem of determining the reasonable time limit for conducting forensic examinations and ways to overcome difficulties arising in investigative practice. The result of the study is the interpretation of the norm of Art. 144 of the Code of Criminal Procedure of the Russian Federation and the consequent proposal to establish a system of by-laws in which the question of time limits would be decided according to the type of relevant forensic examination.