Electronic conclusion of expert in criminal proceedings

Abstract

The article describes the current state and prospects of development of the expert opinion form in criminal proceedings and the communication of the latter with the participants of the proceedings, taking into account the modern information society, ways of improving this activity, including through the introduction of electronic procedural control.

It is proposed to create an information and telecommunication system based on the Register of Certified Judicial Experts, which will provide for the automated creation of experts' conclusions in electronic format (on the basis of a template system, automation of mathematical calculations, system of control of terms of execution, etc.), exchange of procedural documents with the subjects of criminal proceedings. The article also proposes a full transition to the electronic format of communication between the expert (through the relevant expert institution) and the key specialized subjects: an investigator, a prosecutor, a lawyer, an investigating judge.

The task to be implemented is to transform the expert's conclusion into an electronic format, in particular: a) to create a normative basis for involving an expert in the electronic segment of criminal proceedings by introducing amendments to the CPC of Ukraine, the Laws of Ukraine «On Forensic Examination», «On State Expertise of Land Management Documents», Instructions on the appointment and conducting of forensic examinations and expert studies and Scientific and methodological recommendations on the preparation and appointment of forensic examinations and experts research, etc .; b) creation on the basis of the Register of Certified Judicial Experts of the interactive right-realization environment (systems) for experts; c) improvement of the technical capabilities of the Unified Register of pre-trial investigations: the establishment of an interoperability system between the Unified Register of pretrial investigations and the Advanced Register of Certified Judicial Experts, the Register of Methods for conducting forensic examinations, etc.; creation of the subsystem «Expertise» in the Unified Register of pre-trial investigations.

According to the results of the study, it is proposed to reconsider the approach to the expert's form in the criminal proceedings by transforming it into an electronic format. For the execution of certain articles. 2 of the CPC of Ukraine, the tasks of criminal proceedings in order to ensure prompt investigation, the electronic format of the expert's conclusion is relevant both in the part of creation, transmission and use, since by means of electronic communications can be sent from an expert institution to an investigator or prosecutor, provided to the party of protection in the order st.st. 221, 290 CPC of Ukraine, etc