Some problems of involvement of specialists and appointment of expert research during pre-trial investigation

Abstract

In this article, based on the analysis of forensic and investigative practice of investigation of criminal proceedings of certain categories, the role of a specialist in a particular field of knowledge is shown, in particular, a forensic medical examiner, whom the investigator can involve in the investigation of criminal offenses.

Attention is drawn to legal provisions that need to be applied during the investigation of crimes, as knowledge of the circumstances of a crime represents a complex process of understanding objective reality. Therefore, the investigation of a crime requires the investigator to use a wide range of social, natural, mathematical, and technical knowledge.

The essence of an expert examination lies in the conduct of independent research by a qualified person (an expert) at the request of a party to criminal proceedings, or by order of an investigator or trial judge, based on their specialized knowledge, to clarify circumstances relevant to the criminal proceedings, which are subsequently reflected in an expert opinion.

The absence of an expert opinion on the aforementioned issues in criminal proceedings should be considered a basis for concluding that the evidence is insufficient to resolve the criminal proceedings on its merits.

Additionally, the article highlights certain problems regarding the appointment of expert studies, in particular forensic medical examinations, and their role in the detection and investigation of criminal offenses.

In the practice of investigative units, a prominent problem is the lack of standardized powers for an investigator to appoint expert studies, including forensic ones, prior to entering information into the Unified Register of Pre-trial Investigations. This raises a logical question regarding the basis for qualifying illegal actions, including determining the severity of bodily injuries and similar factors. Today, this situation requires a clear legislative solution.

A specialist participating in the investigation of a crime is a necessary member of the investigative and operational group, without whom the investigator cannot manage effectively at both the initial and subsequent stages of the investigation. Skillfully and professionally conducted crime scene examination with the specialist's participation is key to establishing proper baseline material for the subsequent scheduling and execution of expert studies, among which forensic medical examination holds a prominent place.