Participation of specialist on non-verbal information in criminal proceedings: procedural aspects

Abstract

The challenges of modern life lead to the need to update the individual provisions of criminal proceedings. Assistance in identifying, fixing and seizure of items and documents is realized through the traditional for domestic criminal proceedings of a specialist in investigative (search) and other procedural actions. This was the only form of participation of a specialist as as an independent subject of criminal proceedings under the previously existing criminal-procedural legislation of Ukraine. At the same time, the possibility of involving a specialist was limited to only a few investigative actions. Currently, this restriction has been removed. Now the specialist is a procedural figure with a certain procedural status. There is an objective need to determine criminal procedural peculiarities of applying an integrated approach to the use of special knowledge, namely non-verbal information in criminal proceedings. Increasing the role of non-verbal information in criminal proceedings may also be facilitated by the wider use of special knowledge of persons in the forms envisaged by law. The results of survey conducted by investigators/prosecutors/judges/experts and law students about their opinion on obtaining and using non-verbal information in criminal proceedings are presented (as of January 01, 2017, 1470 persons were questioned, of which 254 judges, 288 investigators, 388 prosecutors, 19 experts, 521 students of higher law educational institutions of Ukraine (Lviv State University of Internal Affairs of the Ministry of Internal Affairs of Ukraine and the National University «Odessa Law Academy»). The article analyzes emphasizes the norms of current Criminal Procedural Code of Ukraine with regard to the procedural figure – of a specialist, including a non-verbal information specialist. It is indicated he necessity of amending certain provisions of Criminal Procedural Code of Ukraine for the optimization and effectiveness of the involvement of a specialist, including a non-verbal information specialist.