The article examines the legal nature of the samples for expert research, analyzes the problems of obtaining samples for expert research.
The results of the conducted study concluded that the nature of the samples for comparative study and physical evidence is excellent, since the samples do not have all the properties of the latter. It is not necessary to recognize them as an independent procedural source of evidence, since all the information that is contained in them and is important for criminal proceedings, after carrying out the relevant expert examination, becomes the content of the expert’s conclusion. And thus, the requirement of admissibility of evidence is observed. The evidential value of the expert’s conclusions based on the examination of samples obtained in violation of procedural legislation can be questioned.
Experts in accordance with the criminal procedure law do not relate to the subjects of proof, but when carrying out expert examinations, they not only examine the evidentiary information, but at times find it (in the production of many object penciled expert examinations, experts on their own initiative sometimes identify persons involved in forgery of documents, do not pass in the criminal case). Such an investigative action, as the appointment and production of a forensic examination should be called investigative and expert.