Current issues in the use of professional assistance in modern Russian criminal procedure

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The article reveals the possibility of using professional assistance in crime investigation through the prism of history, starting with the Charter of Criminal Proceedings in 1864, which 150th anniversary is celebrated in 2014, up to present. Criminal procedure legislation of the Russian Federation does not define specific knowledge which is the subject to active scientific debate concerning not only this issue but also the use of professional assistance in criminal proceedings as well. The possibility of professional assistance at proving depends on the right understanding of the problem. Other legal acts do not provide us with the answer. Thus, Federal Act of 4 July 2003 introduces new evidence that is the evidence of professional judgment expert’s opinion, but it does not improve the situation. There is the problem of possibility of cooperation between a specialist and participants in criminal proceedings on the part of prosecution, defense and other participants. The article analyzes the position of various scholars on these issues.

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Charter of criminal proceedings, specialist, crime investigation, adversarial process, experts

Короткий адрес: https://sciup.org/147149930

IDR: 147149930

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