Current problems of a specialist’s legal status as a participant in criminal litigation

In modern criminal procedure, the specialist plays an important role both at the stages of pre-trial investigation and during the trial. The criminal procedure specialist is a person who has special knowledge in one or more fields of science, technology, art or other spheres of activity that can be used to solve issues arising within the framework of criminal procedure. This aspect of the specialist’s legal status emphasises the need to have appropriate qualifications and experience to be able to present full and accurate facts that could influence the final decision of the court. The specialist is not only an assistant in investigation or trial but also an independent expert capable of objectively assessing the circumstances of a case, particularly in situations where specific technical, scientific or other aspects are required, beyond the ordinary perception. The specialist thus performs an important function in transmitting knowledge and information that might otherwise be misunderstood or misinterpreted, which in turn can directly affect the fairness of the trial. In practice, the role of a specialist is not always unambiguous, as his opinion is often perceived as an elementary automation of the decision-making process of the court, which can lead to deformation of the normal process of justice. Taking the foregoing into consideration the author considers the problems of a specialist’s legal status as the basis of his practical activity.