Reasonable time limit for obtaining an expert opinion at the stage of initiating criminal proceedings
Автор: Podolny Nikolay Alexandrovich
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Актуальные вопросы развития отраслевого законодательства
Статья в выпуске: 4 (66), 2021 года.
Бесплатный доступ
The purpose of the study is to determine the reasonableness of the time limit for obtaining an expert opinion in the course of verifying a crime report at the stage of initiating criminal proceedings. The study is based on the provisions of the current legislation on criminal procedure as well as on the by-laws governing the appointment and conduct of forensic examinations. Moreover, the findings of the article are based on investigative and judicial practice. The study employs a variety of scientific methods: information analysis and synthesis, empirical-critical, comparative-legal, systemic. These methods make it possible to identify the status of the problem of determining the reasonable time limit for conducting forensic examinations and ways to overcome difficulties arising in investigative practice. The result of the study is the interpretation of the norm of Art. 144 of the Code of Criminal Procedure of the Russian Federation and the consequent proposal to establish a system of by-laws in which the question of time limits would be decided according to the type of relevant forensic examination.
Forensic examination, reasonable time limit for obtaining an expert opinion, stage of initiating criminal proceedings, verification of a crime report, procedural decision, procedural actions
Короткий адрес: https://sciup.org/142232995
IDR: 142232995