PROBLEMS OF APPLICATION OF CRIMINAL PROCEDURE RULES ON THE PARTICIPATION OF A SPECIALIST IN PROCEDURAL ACTIONS DURING THE PRELIMINARY INVESTIGATION

  • O.V. Chelysheva
    • Saint Petersburg University of the Ministry of Internal Affairs of Russia
  • A.V. Shakhmatov
    • Saint Petersburg University of the Ministry of Internal Affairs of Russia
Keywords: Preliminary investigation, special knowledge, specialist, functions of a specialist, procedural status of a specialist, teacher, psychologist, forensic physician, investigative actions, mandatory participation of a specialist, independence of a specialist

Abstract

The article examines the complex problems of the participation of a specialist in the production of procedural actions during the preliminary investigation. Conclusions are drawn about the need for a clear distinction between the functions of a specialist and an expert in the process of involving them in investigative actions, about the independence of a specialist in criminal proceedings. The authors also consider it necessary to classify such participants in the criminal process as a teacher and a psychologist as specialists. It is noted that the criminal procedure legislation does not require a detailed differentiation of the functions of a specialist, since, depending on the type of investigative action, the assistance of a specialist can be of a diverse nature. In various investigative actions and at their various stages, it can be of a consulting nature or the nature of performing physical actions that require special knowledge, skills and abilities.

References

Received 2021-03-18
Published 2021-06-08
Section
Jurisprudence
Pages
522-527