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

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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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作者简介

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)

俄罗斯联邦, Nalchik

Muradin Khamgokov

Krasnodar University of the Ministry of Internal Affairs of Russia

编辑信件的主要联系方式.
Email: hamgok@mail.ru

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

俄罗斯联邦, Nalchik

参考

  1. Zashlyapin L.A. Explanation of an expert in court // Russian justice. 2023. No. 9. pp. 86–94.
  2. Kurbachevskaya K.I. Interrogation of a specialist and an expert: characteristic differences and problems arising during interrogation // Problems of law. 2023. No. 1(89). pp. 65–68.
  3. Makeeva I.V. The role of an expert in criminal proceedings // Economics. Right. Society. 2023. V. 8, No. 2(34). pp. 40–45.
  4. Nikolaev N.A., Arzumanyan A.A. Expert conclusions and their reflection in the expert’s conclusion // Science and education: economy and economics; entrepreneurship; law and management. 2023. No. 12(163). pp. 121–124.
  5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 19, 2017 No. 51 «On the practice of applying legislation when considering criminal cases in the court of first instance (general procedure of legal proceedings)» // Bulletin of the Supreme Court of the Russian Federation. 2018. No. 3.
  6. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2010 No. 28 «On forensic examination in criminal cases» (as amended on June 29, 2021) // Bulletin of the Supreme Court of the Russian Federation. 2011. No. 2.
  7. Rezepkin A.M., Urynbasarova R.M. Grounds for the appointment and production of additional and repeated examinations in the judicial stages of criminal proceedings // Proceedings of the Orenburg Institute (branch) of the Moscow State Law Academy. 2023. No. 1(55). pp. 77–86.
  8. Tokareva E.V. Problematic aspects of the production and assessment of additional examination // Modern law. 2023. No. 9. P. 118–121.
  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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