When disclosing certain crimes followed often resort to the appointment of an examination. The decision on the appointment of the examination is made both at the stage of preliminary consideration of the case, and at the trial itself.
Concept of expertise
Expertise is considered to be an appointed and ongoing study in compliance with legislative standards, in which experts apply special scientific skills and knowledge, as well as technology. The result of the examination is to give a conclusion, which is equivalent to the sources of evidence. Most often, forensic examination is appointed in criminal trials.
Examination can be divided on the following grounds:
- character;
- branch of special knowledge;
- group or sole;
- homogeneous and heterogeneous;
- volume of research;
- Priority: primary, repeated.
Before resorting to expert actions, an investigation is carried out. It is it that must prove that further investigation without an examination is impossible or will come to a standstill. Based on the investigative assessment, a law enforcement officer decides which expertise to appoint and who will do it.
Base
The reason for the appointment of the examination is the order of the investigator or judge. This order is executed as a decision on the appointment of a forensic examination. This procedure is appointed both at the initiative of the court, and at the request of one of the parties to the process. An examination in a lawsuit is necessary if neither legal nor hostel knowledge is needed to establish important information that can help solve the crime.
The decision on the appointment of an examination is applied when it is necessary to identify:
- for what reason death has occurred;
- whether the person under investigation is responsible;
- age of citizen.
Among other things, additional studies may be assigned if specialists, for example, come to contradictions. If the study was mandatory, but was not conducted, the court decision for this reason may be set aside.
Appointment
In order to determine the decision on the appointment of the examination, a separate court session is held. Moreover, all parties to the trial may:
- ask your questions;
- get acquainted with the decision;
- appeal the decision;
- ask for a study in a particular organization;
- to offer their candidates for examination and reject the proposed ones;
- be on examination;
- get acquainted with the conclusions of specialists.
The study is considered to be appointed on the day when the decision on the appointment of the examination is issued. During the study, judicial proceedings are suspended and resumed only on the day when all materials along with the expert’s decision are returned to court.
Structure and content
The document has a certain structure and should contain the following:
- Introductory part. Here should be indicated the date, name of the court, details of the investigator, number of the criminal case.
- Descriptive part. Here the facts that influenced the appointment of the examination, as well as the grounds for its conduct, should be set out.
- Conclusion It indicates the investigator’s decision on the purpose of the study and its type, details of the specialist who will conduct the examination, the venue and a list of those materials that are subject to the study.
Before starting up the document, the accused must also familiarize himself with it.
Legislative acts do not regulate what a decision on the appointment of an examination should look like. A sample of it is issued in the investigating authorities or at the hearing, on the basis of which the document is compiled.