ISSUES OF APPLICATION OF SPECIAL KNOWLEDGE IN CRIMINAL PROCEEDINGS
Nikolai Nikolaevich Egorov is Doctor of Law, Professor at O.E. Kutafin Moscow State Law University.
The article deals with procedural and non-procedural forms of use of expertise. The procedural forms include: the application of special knowledge by the person performing the preliminary investigation, bringing in specialists prone to participate in the investigation, the conclusion and expert testimony. Non-procedural forms of expertise comprise: production audits, preliminary research of documents, objects and bodies, reference and professional consulting activities, conducting departmental audits and surveys, etc. The article analyzes competition of procedural rules governing the use of expertise, which at the stage of a criminal case between the preliminary study and expert opinion is resolved in favor of the preliminary study; the stage of preliminary investigation between expert opinions and expert conclusion is resolved in favor of the expert opinion.
specific knowledge, expert opinion, professional judgment, mandatory appointment of examination, form of expert opinion, preliminary investigation.