PROBLEMATIC ASPECTS OF USING A SPECIALIST’S OPINION IN CRIMINAL PROCEEDINGS
In the article, the authors consider the conclusions of a specialist as one of the forms of using special knowledge in the framework of the detection and investigation of crimes, and also consider the problematic aspects of using the conclusion of a specialist in the framework of criminal proceedings. As problematic aspects, the authors highlight: the expert’s conclusions as a judgment on the issues raised by the parties to criminal proceedings, as well as from the position of comparative analysis with the expert’s conclusion; the involvement of a specialist, a defense lawyer to challenge the results of the examination in a criminal case; the lack of legal detail of the appointment, production and giving of the conclusion by a specialist; the assessment of the expert’s conclusion only from the position of relevance and sufficiency. The analysis of these problems leads the authors to the conclusion that there is a general systemic problem of using the expert’s opinion as one of the types of evidence in a criminal case. At the same time, as a solution, the authors indicate: detailed regulation, at the legislative level, of the procedural procedure for summoning and participating in a judicial investigation, in connection with which it is proposed to supplement Chapter 37 of the Criminal Procedure Code of the Russian Federation, Article 283.1 «Conclusion of a specialist and features of his interrogation»; detailed regulation of the procedural procedure involving a specialist by the defense party (defender), as well as the specifics of using the expert’s opinion, the defender in the framework of providing legal assistance to the client; development of detailed legal regulation of the structure and content of the expert’s opinion, with mandatory indication of the measure of legal responsibility, by analogy with the expert’s opinion.