{"title":"现代刑法实践中专家的参与","authors":"A. Tarasov","doi":"10.18287/2542-047x-2023-9-1-46-53","DOIUrl":null,"url":null,"abstract":"The improvement of regulatory framework for attracting a specialist to participate in criminal proceedings on the initiative of the defense and other participants in the process who do not have authority is reasonably considered in theory and in practice as an extension of the adversarial principles in the procedures for the use of special knowledge. At the same time, the noticeable bias observed in modern law practice towards the use of expert opinions and testimony in the interests of principals to the detriment of lawyer activity in official procedures for the appointment and production of forensic examinations cannot be considered justified. Seeking the help of a specialist is not an equivalent substitute for participation in forensic expert activities in criminal cases, but rather a forced measure when attempts by a lawyer to participate in the appointment and production of examinations were impossible, or were undertaken, but failed.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Involvement of a specialist in modern criminal law practice\",\"authors\":\"A. Tarasov\",\"doi\":\"10.18287/2542-047x-2023-9-1-46-53\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The improvement of regulatory framework for attracting a specialist to participate in criminal proceedings on the initiative of the defense and other participants in the process who do not have authority is reasonably considered in theory and in practice as an extension of the adversarial principles in the procedures for the use of special knowledge. At the same time, the noticeable bias observed in modern law practice towards the use of expert opinions and testimony in the interests of principals to the detriment of lawyer activity in official procedures for the appointment and production of forensic examinations cannot be considered justified. Seeking the help of a specialist is not an equivalent substitute for participation in forensic expert activities in criminal cases, but rather a forced measure when attempts by a lawyer to participate in the appointment and production of examinations were impossible, or were undertaken, but failed.\",\"PeriodicalId\":406056,\"journal\":{\"name\":\"Juridical Journal of Samara University\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-04-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Juridical Journal of Samara University\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18287/2542-047x-2023-9-1-46-53\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Juridical Journal of Samara University","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18287/2542-047x-2023-9-1-46-53","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Involvement of a specialist in modern criminal law practice
The improvement of regulatory framework for attracting a specialist to participate in criminal proceedings on the initiative of the defense and other participants in the process who do not have authority is reasonably considered in theory and in practice as an extension of the adversarial principles in the procedures for the use of special knowledge. At the same time, the noticeable bias observed in modern law practice towards the use of expert opinions and testimony in the interests of principals to the detriment of lawyer activity in official procedures for the appointment and production of forensic examinations cannot be considered justified. Seeking the help of a specialist is not an equivalent substitute for participation in forensic expert activities in criminal cases, but rather a forced measure when attempts by a lawyer to participate in the appointment and production of examinations were impossible, or were undertaken, but failed.