Legal Regulation of the Participation of Subjects with Special Medical Knowledge in Criminal Proceedings
Abstract
This scientific article analyzes the criminal procedural law
regulating the participation of a medical specialist and an expert in
criminal proceedings.
The use of specialist knowledge occupies a special place in the
system of means and methods of combating crime and is of great
importance in obtaining evidence of criminal proceedings. Scientists
and practitioners are considered to be the two main forms of using
special medical knowledge during the investigation of crimes, the
participation of a medical specialist in conducting investigative
actions and involving expert knowledge through the prism of forensic
medical examination.
The procedural position of subjects with special medical
knowledge is explored, some aspects of their participation in
investigative actions are disclosed. The attention is focused on the
changes that occurred with the adoption of the current Criminal
Procedure Code in these matters, since the adoption of the current
Criminal Procedure Code of Ukraine there were changes in
legislation on regulation of participation specialist and expert in
criminal proceedings. Unlike the previous Criminal Procedure Code
of Ukraine, the fact that the legislator calls upon a specialist and an
expert to be participants in a criminal proceeding, the appointment
and conduct of an expert examination is not possible until the
moment of the criminal proceedings, and the examination was
recognized as an investigative action, was the latest in the current
procedural legislation. Some aspects of legal regulation of the
participation of subjects with special medical knowledge in criminal
proceedings are considered. The following types of investigative
actions are used, where special medical knowledge is used by
attracting knowledgeable persons with the necessary professional
knowledge.
Also, the article reveals the deficiencies of legal regulation of this
problem and develops proposals for the improvement of national
legislation.
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