The Expert's Opportunities to Provide Additional Conclusions on Existing and Newly Raised Questions in his Testimony

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Resumo

The production of forensic examinations is important for establishing the objective truth in criminal cases. Making a fair decision in each specific case often requires the use of special knowledge possessed by experts. The current criminal procedural legislation regulates in detail the material and procedural aspects of the organization and implementation of forensic examinations, as well as the peculiarities of using the results of their conduct in court proceedings. Forensic experts are often called upon to participate in criminal proceedings. However, despite the developed legislative framework and large-scale law enforcement practice, a number of controversial issues still remain that affect the institution of «additional expert conclusions». The purpose of the presented study is to analyze the expert’s ability to provide additional conclusions on existing and newly raised questions in his testimony. The authors come to the conclusion that the current legislation rightly provides grounds for additional and repeated examinations, which allows in various situations related to both the ambiguity and incompleteness of the submitted expert opinion, and the presence of specific contradictions in it, to resort to appropriate examinations. Attention is focused on the need to appoint additional examinations when new questions and circumstances arise in the case, since their solution and accounting require the use of special knowledge, as well as full-fledged research in individual situations.

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Sobre autores

Julietta Berova

Krasnodar University of the Ministry of Internal Affairs of Russia

Email: berova-d@yandex.ru

Dr. Sci. (Law), Associate Professor, Professor of the Department of Special Technical Training, North Caucasus Institute for Advanced Studies (branch)

Rússia, Nalchik

Muradin Khamgokov

Krasnodar University of the Ministry of Internal Affairs of Russia

Autor responsável pela correspondência
Email: hamgok@mail.ru

Cand. Sci. (Law), Associate Professor, Police Colonel, head of fire training department, North Caucasus Institute for Advanced Studies (branch)

Rússia, Nalchik

Bibliografia

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  9. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on March 23, 2024) (as amended and supplemented, entered into force on April 1, 2024) // Collection of legislation of the Russian Federation. 2001. No. 52 (part I). Art. 4921.

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