SPECIALIST’S OPINION AS EVIDENCE IN CRIMINAL PROCEEDINGS
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Author(s): | Nurbaev D. M., |
| Number of journal: | 2(67) | Date: | May 2024 |
| Annotation: | The article examines the legal nature of a specialist’s conclusion as a type of evidence in criminal proceedings. The author analyzed various approaches to assessing such evidence available in the legal literature. It is compared with such evidence as an expert’s opinion, its significant distinctive features are highlighted, among which special attention is paid to the possibility of conducting research. The features of compliance with the procedural form of the analyzed type of evidence are considered, taking into account the legal position of the Constitutional Court of the Russian Federation on the need to warn a specialist about criminal liability for giving knowingly false testimony, providing a knowingly false conclusion. The features of the evidentiary value of a specialist’s opinion in the framework of the civil, arbitration and criminal proceedings are studied, taking into account the analysis of procedural legislation and the guiding explanations set out in the decisions of the Plenum of the Supreme Court of the Russian Federation. The peculiarities of a specialist’s conclusion inherent in criminal proceedings are noted, due to more stringent requirements of publicity and imperativeness, but which also contain an element of adversarialism. The conclusions and proposals presented in the article are aimed at establishing the legal nature of a specialist’s conclusion as evidence in criminal proceedings, the possibility of conducting research as a creative element of any forensic examination. The conditions under which a significant convergence of the evidentiary value of an expert’s opinion and a specialist’s opinion are possible are presented. A conclusion is drawn about the special role and nature of a specialist’s conclusion in criminal proceedings and the possibility of conducting independent research, subject to the conditions outlined by the author. The proposed research results are aimed at improving the current legislation, as well as the emerging law enforcement practice, which are significant for the further development of the science of criminal procedure. | ||
| Keywords: | criminal proceedings, evidence, expert`s opinion, specialist`s opinion, expert research, evaluation of evidence, defense, specialist’s testimony, additional examination, freedom to evaluate evidence |
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| For citation: | Nurbaev D. M. Specialist’s opinion as evidence in criminal proceedings. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;2(67):270—275. DOI: 10.25683/VOLBI.2024.67.1003. |
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