In accordance with Art. 57 of the Code of Criminal Procedure of the Russian Federation, an expert is a subject with special knowledge and appointed according to the rules established by law to carry out judicial research and provide an opinion. The specified norm defines the rights and obligations of this person. Consider Art. 57 Code of Criminal Procedure with comments .
Rights of an authorized entity
They are provided for in the third part of Art. 57 Code of Criminal Procedure. The specialist has the right:
- To get acquainted with the materials of the criminal proceedings related to the subject of the study.
- Submit applications for additional information required to draw up an opinion, or for the involvement of other competent persons in the procedure.
- Participate in procedural activities, ask questions regarding the subject of the study. This right is exercised by agreement of the inquiry officer, court, investigator.
- Provide an opinion within the competence, including on those issues that, although not formulated in the decree on the appointment of the procedure, but are related to the subject of the examination.
- To file complaints about decisions, omissions / actions of investigators and investigators, their superiors, court, prosecutor, if they restrict his rights.
- Refuse to formulate a conclusion on issues that are not in the field of special knowledge, as well as if the materials provided to him are not enough to express an opinion. The relevant decision must be in writing. At the same time, the document must indicate the reasons for the refusal.
Limitations
According to Art. 57 of the Code of Criminal Procedure , the appointed person cannot:
- Negotiate with participants in production on issues related to the subject of study, without notifying the investigator, court, or interrogator.
- Collect survey materials yourself.
- Perform procedures that may result in destruction (full / partial), change in the appearance or characteristics of objects, without the permission of authorized officials.
- Formulate deliberately false conclusions in conclusion.
- To divulge the information of the preliminary investigation, about which he learned as a result of his participation in the proceedings, if he had been warned about it in advance according to the rules of Art. 161 Code of Criminal Procedure.
- Evade appearance at the call of the investigator, court or interrogating officer.
Additionally
In accordance with Art. 57 of the Code of Criminal Procedure , for the provision of a deliberately fictitious conclusion, the subject is held accountable. In this case, the procedure established by 307 of the Code is applied. For the publication of the information of the preliminary investigation, about which the citizen became aware in connection with the fulfillment of the instructions of the inquiry officer, court, investigator, responsibility is also provided for. The subject is attracted to it, in accordance with the provisions of 310 of the Code.
Article 57 of the Code of Criminal Procedure with commentary
Not every person who has special knowledge can be involved in production for research. When attracting persons, it is necessary to be guided by Art. 58, 57 of the Code of Criminal Procedure . In this case, one should take into account the different procedure for engaging citizens. An expert is invited on the basis of a resolution to carry out independent procedures. He performs research outside the framework of other procedural actions. The specialist is involved in activities carried out by the inquiry officer, court, investigator. The purpose of attracting him is to assist in the identification, fixing and seizure of documents and objects, the use of technical means of examining materials, clarifying issues related to his competence, and posing questions to a person who will carry out independent procedures. The expert's task is to formulate conclusions in the conclusion, which acts as evidence.
Competence
The subject involved in the production in accordance with Art. 57 of the Code of Criminal Procedure of the Russian Federation, must have knowledge in the scientific, technical sphere, industrial production, other areas of human activity. The law does not establish the requirement that they be necessarily professional. The exception is cases when the study is carried out in an expert institution. In any case, the knowledge of the person should be deep enough to carry out the procedure and formulate answers to questions. The interrogator, court, investigator may require confirmation of expert qualifications. As evidence of the availability of relevant knowledge, a certificate, certificate, qualification certificate, etc. can be made. In addition, these entities have the right to ascertain the correspondence of the field of activity, professional experience, scientific work of a person to the field of knowledge to which the issues to be resolved belong. It should be noted that certification of an expert is not mandatory and is carried out only on a voluntary basis.
Requirements
To attract a person to production, in accordance with Art. 57 of the Code of Criminal Procedure of the Russian Federation, it is possible if he has a higher vocational education and has undergone subsequent training in the specialty according to the rules provided for in regulatory enactments of executive authorities. Establishment of the level of training and certification for obtaining the right to independently carry out activities are carried out by the relevant commissions. The level of professional training of experts should be reviewed every 5 liters.
Familiarization with the materials
As a rule, it is carried out in the form of studying the decision on appointment of examination. This document sets out information about the circumstances of the act, the conditions for obtaining the objects of study. The decision describes the items and other materials that are provided to the expert. A person may draw up a request for additional information necessary for him to formulate a conclusion. Familiarization with the materials is also carried out with the direct participation of a person in investigative and other procedural actions. To do this, he must obtain the permission of authorized employees. As part of participating in these events, an expert can ask questions that relate to the subject of study.
Attracting other citizens
The expert may apply for the involvement of other persons in the study. This case is not about situations when the subjective or subject level of a citizen does not correspond to the subject of the survey or is insufficient to answer questions. The involvement of other citizens is allowed if they have knowledge on the same topic, and their participation will provide a more rapid and correct formulation of conclusions. If the expert decides that drawing up a conclusion requires not uniform, but comprehensive research, then he should not apply for the involvement of other persons. In this situation, he should refuse to fulfill the instructions of authorized employees. After this, a comprehensive study is prescribed. A refusal may concern all or only some issues that go beyond the competence of a person.
Responsibilities
They are formulated in Art. 57 Code of Criminal Procedure in the form of prohibitions. For example, a person cannot negotiate with the parties to the production without notifying the authorized bodies and their employees about it, independently collect materials for subsequent examination. These restrictions are caused by the fact that the assessment of a set of evidence, the subsequent selection of information and materials that will be submitted for study, are solely the responsibility of the investigator, court, and interrogator.