Problems and their solutions while appointing legal and economic expertise in criminal proceedings

CPC (Criminal Procedure Code) of the Russian Federation and Federal Law “On State Forensic Activities in the Russian Federation” set out the grounds and order for the appointment of forensic expertise in criminal cases. These normative documents establish the rights and responsibilities of persons participating in forensic expertise, their legal relations, the content of the main procedural documents; they regulate issues concerning the order of appointment and production of expertise. The appointment of expertise in criminal cases is regulated by article 283 of CPC RF. The necessity to appoint a forensic expertise during the proceedings in court depends mainly on the procedural situation. According to part 3, art. 240 of CPC RF, the court verdict can be based only on the evidence investigated in court. Already from the definition of the concept of forensic expert, problems connected with the appointment of forensic expertise, and errors, in particular in the production of forensic economic expertise, occur. The legislation, regulating appointment and production of forensic expertise, does not establish qualifications of higher professional education for all (state, non-state) forensic experts. The education qualifications apply only to employees of state expert institutions. In criminal proceedings, a forensic expert must have not only special knowledge, but also higher economic education, since a specialist with the qualification and experience in the position of accountant having no higher economic education, when dealing with a criminal case, for example, bankruptcy, will not be able to conduct a comprehensive and complete expert investigation.