Art. 195 of the Code of Criminal Procedure of the Russian Federation: "The procedure for appointing a forensic examination"

The forensic examination can be appointed and carried out both before the initiation of the case and during the preliminary investigation. In this case, the decision is made by the procedural person, this is stated in art. 195 CCP RF. Nevertheless, in practice, expert examinations are also appointed by inquiry officers. At the time of making a decision on the conduct of the FRA, the investigator draws up a resolution. After that, the parties to the criminal proceedings are introduced to this document. At the same time, a protocol is drawn up and a corresponding entry is made there, as stated in art. 195 CCP RF.

Basic moments

The appointment and conduct of the FRA is necessary in order to more thoroughly understand the details of the atrocity committed. That is why the investigator is responsible for the examination, according to Art. 195 CCP. After all, it is he who, as a procedural person, appoints her conduct and makes a corresponding decision at the same time. This document prescribes:

• The grounds for conducting research (for example, detecting beatings or other bodily injuries in the victim), which is usually done before the case is initiated;
• All personal data of a specialist and the name of the institution;
• Issues to be resolved (for example, how bodily injuries were obtained);
• All materials coming into the hands of the state expert.

With the decision to prepare for the MRE, the investigator, as an official, should familiarize the parties to the criminal process and explain to them their rights and responsibilities. This is recorded in the protocol according to Art. 195 CCP RF. At what time period from the moment of issuing the decision, the investigator should familiarize the parties with it, the code does not say.

Important

In cases where it is necessary to determine the cause of the death of a citizen or the extent of the harm caused, an examination is deemed necessary. In addition, one can not do without it even when law enforcement agencies have doubts about the sanity of the person who committed the atrocity. Especially when it is necessary to establish the age of the alleged attacker for the case, but in connection with the lack of documents to do this it is not possible. The features of appointment and examination in such cases are clearly spelled out in art. 195, 196 of the Code of Criminal Procedure.

Nevertheless, forensic medical research is always carried out only at the discretion of the investigator. In this regard, examination can be appointed and in a number of other cases, when required by law.

A comment

Expertise in the criminal process is usually called judicial, regardless of the stage of the investigation. It is a study of the materials provided by the investigator to the specialist. The expert may appoint an investigator, an investigator and a court. The basis for the examination will be the need to obtain new knowledge of the case, which are needed to more fully represent the entire picture of the atrocity that occurred. After her appointment as a procedural person, a resolution must be issued. The document specifies:

• Expert and institution data;
• Issues that are relevant in the investigation of the crime;
• The grounds for the study;
• Materials transferred to a specialist.

After this, the parties to the case should be acquainted with this decision, as indicated in art. 195 CCP RF. With the comments added to it, one can only agree and note such an important point that an expert can appoint not only an investigator, but also a court and an investigator. In some cases, examination of victims can only be carried out with the consent of their representatives. For example, when a person is not eighteen years old. At the same time, many parents are very critical of the issue and do not want publicity, and for this reason they refuse to be examined.

Order

To carry out the examination, the investigator sends all the materials together with the decision to the management of the specialized medical institution. At the same time this document can be returned back to the law enforcement agencies. But only in the event that in this institution there is no specialist who could professionally conduct this examination. As a rule, it is carried out only in state organizations subordinated to the Ministry of Internal Affairs. But in exceptional cases, the examination can be entrusted to a specialist of a different level, while explaining his rights and responsibility and handing out the necessary materials and documents. Art. 195, 196 and 199 of the Code of Criminal Procedure provides for the procedure for its appointment, sending documents and compulsory implementation in a special institution.

Acquaintance

Before the examination, the investigator must take several actions. As stated in part 3 of Art. 195 of the Code of Criminal Procedure of the Russian Federation, the procedural person acquaints the parties with the decision in which it is specified who and for what will carry out research of the given materials. In this case, citizens should be explained their rights, guaranteed by the code. The parties to criminal proceedings must be familiarized with the document on the examination. In addition, they have the right to request the investigator to add additional questions to the resolution, according to which the expert would give an opinion. Also, the accused and his lawyer, the victim and the witness can make a withdrawal of the expert and apply for a research in a particular medical institution. Then the parties to the process should be acquainted with the conclusion of a specialist.

With the consent or not

Examination in cases specified in Part 4 of Art. 195 of the Code of Criminal Procedure of the Russian Federation, is carried out only when the witness and the victim look at it positively. If they are minors, then the decision is made by legal representatives. In addition, in practice, often there are situations when parents are against their child taking part in the examination. This is because people simply do not want third parties to know about the disaster in their family (for example, when a daughter was raped). It is for these reasons that the examination is not conducted and the decision on the initiation of the case or the further conduct of the investigation is suspended or generally remains without movement.

Nuances

The legal analysis of some of the norms of the Criminal Procedure Code concerning the appointment and implementation of the examination proves once again the fact that the legislation in this matter is imperfect and contradicts the Constitution. For example, in practice, a suspect can not fully realize his right granted by the CCP, and make a withdrawal of an expert. This may be due to the fact that the investigator in the resolution indicated only the data of the state institution, but did not register the name and initials of the specialist.

In addition, the question of the professionalism of experts who are engaged in research in the field of criminal procedure remains controversial. Because an expert, without some knowledge, will not be able to give correct answers to the questions suggested to him. Thus, the fate of an innocent person, who will be convicted in the presence of an incorrect expert opinion, may be under threat.