Methodology for the Participation of the Prosecutor in the Study of Expert Opinions in the Court of Appeal

Purpose of the study: The article discusses the main issues of the participation of the prosecutor in the study of expert opinions in the court of appeal. The effectiveness of this activity depends on its implementation on the correct methodological basis. The author formulates the definition of the concept of the corresponding methodology, considers its components, determines its place in the general methodology for the participation of the prosecutor in the appeal trial. Examples of practice show some typical schemes of actions of a prosecutor participating in a session of the court of appeal, preparing for the examination of expert opinions contested by the defense side, forming his position on this issue and bringing it to the attention of the court. The author formulated the conclusion that this activity of the prosecutor is aimed at assisting the court of appeal in making a lawful and cogent decision regarding the expert's opinion, who, in the opinion of the defense, justified the court's verdict or which was unreasonably excluded from the evidence. An opinion is expressed about the still insufficient use by both the courts of appeal and the prosecutors participating in their sessions of the possibilities for resolving disputed situations by appointing and conducting additional or repeated expert examination. In this regard, a suggestion was made to establish in the Code of Criminal Procedure of the Russian Federation a norm obliging the court to use this opportunity.

appeal proceedings, prosecutor, defense side, expert opinion, methodology, violation of the law