To the question about the place in the evidence of the expert's opinion

Бесплатный доступ

N the article on the basis of the analysis of a considerable number of scientific sources in the field of the theory of criminal process the questions connected with concept “the conclusion of the expert” in criminal proceedings are considered, its place in system of proofs is defined. The examples of judicial practice and the points of view expressed by the researchers are supported by the author, who agrees with the need to give the conclusion of a specialist a procedural form. The author makes a scientifically substantiated conclusion about the practical necessity of making amendments to part 1 of article 307 of the Criminal code of the Russian Federation, providing for the criminal liability of a specialist for giving a false conclusion. The proposed changes will add legal force to such type of evidence as expert opinion and allow it to compete freely with similar expert opinion.

Еще

Criminal process, evidence, other participants of criminal proceedings, expert, conclusion

Короткий адрес: https://sciup.org/143169734

IDR: 143169734   |   DOI: 10.24411/2587-9820-2019-10048

Статья научная