Forms of Use of the Special Knowledge during Investigation of Destruction or Damage of Property
Abstract
The author points out at necessity of focus on basic problems
arising on the stage of pre-investigatory examination related to
uneffective use of the special knowledge and insufficient cooperation
of an investigator with specialists. So long as participation of
specialists in an investigation is usually limited by only previous
research and investigative actions are conducted without their
engaging and it results in the loss of important proofs in criminal
proceeding. The help of expert (specialist) in pre-trial investigation
and judicial trial of criminal proceeding provides its objectivity and
completeness. Just prognostication of development of a situation
within the limits of legal analysis with the conclusion of a
well-informed person from the concrete applied range of problems
give the effect that makes possible to assume timely and effective
measures for choosing the correct and reasonable position of parties
in the legal proceedings, receiving the quality proof for grounding the
acceptance of a procedural decision.
The basic procedural forms of use of the special knowledge
include the direct use of them by investigator, public prosecutor,
court, investigating judge; participation of a specialist while carrying
out of investigative actions and expert examination.
On the basis of results of the author’s study it is possible to
come to the conclusion that only «procedural» forms of use of the
special knowledge are involved: participation of a specialist while
carrying out of investigative actions; performing of expert
examinations. The direct use of the special knowledge by an
investigator at the moment of acceptance of procedural decisions
and carrying out of investigative actions is stated by the law. The
subjects that use the special knowledge in procedural legislation are
clearly determined, namely: investigator; expert; specialist.
Thus, the improvement of quality of investigation of destruction
or damage of property is possible on condition of involving the
investigative actions in criminal proceedings with the aim of
exposure, fixing, exception and research of material objects of
corresponding specialists and application modern scientific and
technical facilities.
Downloads
Abstract views: 89 PDF Downloads: 67
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
