Forensic experts are experienced and qualified professionals who evaluate the circumstances of a particular incident. Their knowledge and experience is required only in some situations when it is difficult to establish the cause, degree or nature of the harm done. The rights and obligations of a forensic expert are established by the provisions of Art. 85 Civil Code, as well as some other regulatory acts. Read more about all this in the article.
Who is a forensic expert?
The activities of the studied specialist are based on the study of any circumstances related to a criminal or administrative case. He is represented by a citizen with substantial knowledge in a specialized field of activity. The rights and obligations of a forensic expert are given in various normative acts, but Art. 85 GIC.
It is the representatives of the investigating authorities who instruct the specialist to conduct any research on a specific case. For this, familiarization with the case materials is made, to which the expert gets full access.
When is an examination necessarily appointed?
The profession of a forensic expert appeared a long time ago. Russian legislation is regularly amended regarding the work of these specialists. They are engaged in the examination, which is required in the following situations:
- the cause of death of a citizen should be established;
- the nature and degree of harm is determined by the specialist if any damage is inflicted on the health of others;
- the physical and mental state of a person acting as a suspect in a crime is assessed, as investigators often suspect that this citizen is insane, therefore, specialist intervention is required;
- the state of the victim is determined if there are doubts about his legal capacity and sanity, which makes it possible to identify whether his testimony can be trusted;
- the age of any participant in the process is determined if there are no documents with which you can obtain this information.
Based on existing skills and knowledge, it is an experienced and professional expert who can answer the most complex questions that arise during the investigation. All questions asked to this specialist should correspond to his specialty and knowledge.
What are the requirements for a specialist?
The Ministry of Justice of the Russian Federation makes numerous demands on potential experts. These include:
- the presence of Russian citizenship;
- education in the relevant field of activity;
- the presence of documents that confirm that the citizen has undergone special training, therefore he is ready to engage in activities related to the study of the circumstances of a particular crime.
When studying various criminal cases, experts are invited to work in different government institutions. But in some specific situations it is allowed to invite even foreign specialists who are well versed in a particular field of activity.
When is the challenge made?
Liability of forensic experts may be administrative or criminal. If they deliberately mislead the investigating authorities or even submit fictitious documents proving the availability of the necessary knowledge.
In some situations, the expert is even challenged before the end of the investigation. This is possible for the following reasons:
- materials that were handed over for examination to an expert are of poor quality or are incomplete, therefore there is no possibility for conducting an effective and high-quality analysis, and usually in this case the specialist will recuse himself;
- even with the help of modern and innovative research methods, there is no way to get answers to all the questions asked;
- the expert does not understand any features of the transferred materials, therefore, he cannot answer questions due to his incompetence;
- evidence is found that the opinion of the specialist may be biased, as he has family, family or business ties with any participant in the process;
- the selected expert is directly involved in the process;
- there are doubts about the professional suitability of the chosen citizen.
The initiator of the expert challenge may be a direct specialist, an employee of the investigative committee or other interested person. The procedure can be performed at any time, and often this happens at the time of familiarization with the case file.
Specialist Rights
The rights and obligations of a forensic expert are given in Art. 85 GIC. The main powers vested in this specialist include:
- the actions of the customer of the examination may be appealed in a claim or court procedure if such actions violate the rights of the expert or interfere with obtaining reliable and objective information;
- the specialist may at any time formulate a special statement if representatives of the investigative committee misinterpreted the results of the examination;
- it is allowed to involve other experts in the study, which will allow to obtain truly complete and reliable information about the materials being studied, and it is advisable to do this if the citizen does not have the necessary experience for independent examination;
- the specialist has the right to draw independent conclusions, as well as answer all questions asked, which usually affects the further trial.
A citizen may refuse to conduct an examination if he is not sure of the reliability of the results obtained or his knowledge.
Responsibilities
The rights and obligations of a forensic expert should be well studied by direct specialists. The main responsibilities include:
- implementation of reliable, high-quality and complete research on the basis of the materials and objects obtained, using their unique skills, abilities and knowledge;
- respect for impartiality during the examination, which will give an extremely objective opinion, adopted for examination by a judge;
- keeping all information received secret, and it is also not allowed to disseminate this information in any way;
- if an invasive study of materials is planned, then for this initially you will have to obtain permission from the investigative committee;
- at the end of the work, the specialist is obliged to draw up a complete, understandable and objective conclusion about the examination;
- if there is no opportunity to carry out the research, then the customer is given a document containing the reasons for such a decision.
Responsibilities can be increased by each expert organization in which specialists work.
Expert Responsibility
Article 85 of the Code of Civil Procedure of the Russian Federation contains basic information about the activities of such experts, as well as about the rules for involving them in any investigative process. If an expert does not fulfill his duties without good reason, then he can be held accountable.
Punishment measures are selected depending on the characteristics of each individual situation.
What are the bans?
At the legislative level, not only the rights and obligations of a forensic expert are enshrined, but also the prohibitions that he encounters during research. These include:
- independent collection of various evidence, information or materials for the examination, since all data and objects should be obtained only from the customer;
- communication with participants in the process, which may be informal or formal;
- transferring the results of the study to outsiders or representatives of different companies that are not customers of the examination;
- damage to objects of examination, improper storage of materials or a change in their characteristics;
- fulfillment of tasks received from unauthorized persons, if the specialist is an employee of an expert organization, therefore all tasks should be received exclusively from the head of such an institution.
Tasks that forensic experts and forensic investigators solve should be consistent with the customer’s needs. When conducting research, you can use only legal methods of obtaining information or materials.
Features of the examination
The Ministry of Justice of the Russian Federation regulates the activities of the studied specialists. They are the ones who conduct the forensic examination. If required on the basis of a criminal case. The specialties of forensic experts may be different. Since these people can specialize in different fields of activity.
The rules of the examination include:
- during this study, experts should use their knowledge, experience and skills, and can also use specialized equipment and various materials to get the most information about the subjects studied;
- an expert is appointed only by senior management;
- all materials and items related to a particular case are transferred to him;
- under such conditions, the expert becomes a participant in the process, therefore he is responsible for the information prescribed in the conclusion;
- without good reason, a specialist cannot refuse to conduct a study;
- if for various good reasons a citizen cannot draw up an expert opinion, then he must write a written statement that is transmitted to the customer and the head of the expert institution, and this document must contain the reasons for the occurrence of such a situation;
- the expert may require any additional materials from the customer in order to reliably answer all the questions posed;
- regardless of the materials and information received, the specialist does not have the right to disclose this information, as it is not allowed to be received by third parties or companies concerned.
In judicial practice, there have been situations where experts drew inaccurate conclusions, as they had family or other close relations with the accused or victims. For their actions, experts are prosecuted, and a ban is placed on their further work, and such a restriction may last for several years.
Rules for drawing up an opinion
After conducting a study, a state forensic expert must draw up an official opinion, which is then transmitted to the customer. It should contain answers to all previously asked questions. When compiling this document, the nuances are taken into account:
- the conclusion shall indicate the facts identified in the research process and relevant to the case under consideration;
- if other members of the commission do not agree with the opinion of the expert, then he may draw up a separate opinion;
- this conclusion is transmitted to the judge, who, after studying the information, can decide on the imposition of any punishment for the accused.
The expert opinion should be reasonable and objective.
Pay for work
An expert may demand remuneration for his work. And also he can count on compensation for all expenses incurred during the execution of the order.
Funds are paid by the direct customer, and this amount is agreed in advance, and also indicated in the official contract.
Conclusion
Forensic experts are usually involved by the investigating authorities to conduct a quality and objective examination. For this, specialists receive special materials and information to conduct a competent study. Based on this process, a conclusion is drawn up that is transmitted to the customer.
Experts get a special reward for their work. They have certain rights and obligations, as well as prohibitions, which should be taken into account in the process of performing official duties.