We examine the decision on the appointment of an expert examination

When disclose some of the crimes followed often resorted to the appointment of 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.

The concept of expertise

It is considered to be an expert examination appointed and carried out research with observance of legislative norms, in which specialists apply special scientific skills and knowledge, as well as equipment. The result of the examination is the giving of a conclusion, which is equated with the sources of evidence. Most often, forensic examination is appointed in criminal trials.

Expertise can be divided on the following grounds:

• Character;
• Branch of special knowledge;
• Group or individual;
• Homogeneous and heterogeneous;
• Scope of the study;
• Sequence: primary, repeated.

Before resorting to expert actions, an investigation is conducted. It is up to him to prove that further investigation without examination is impossible or will lead to a dead end. Based on the investigative assessment, the law enforcement officer decides what kind of expertise to assign and who will do it.

Base

The reason for appointing the examination is the order of the investigator or judge. This order is issued as a decision on the appointment of forensic examination. This procedure is appointed both at the initiative of the court and at the request of one of the parties to the proceedings. Expertise in the judicial process is necessary in the event that for the establishment of important information that can help in the disclosure of the crime, there is not enough legal or common knowledge.

The decision on the appointment of expertise is applied when it is necessary to identify:

• For what reason was death;
• Whether the person under investigation is responsible;
• Age of the citizen.

Above all else, additional research can be assigned if specialists, for example, have come to controversy. If the study was compulsory, but it was not conducted, the judgment for this reason can be revoked.

Appointment

In order to determine the decision to appoint an expert examination, a separate court session is held. At the same time, all parties to litigation can:

• Ask your questions;
• To familiarize with the decision;
• To protest the decision;
• Ask for research in a particular organization;
• To propose their candidates for examination and reject the proposals;
• To be on examination;
• To get acquainted with the conclusions of specialists.

The investigation is considered to be appointed on the day when the decision on the appointment of the examination was made. During the investigation, judicial proceedings are suspended and resumed only on the day when all materials together with the expert's decision return to court.

Structure and content

The document has a specific structure and should contain the following:

• Introduction. Here, the date, the name of the court, the requisites of the investigator, the number of the criminal case must be indicated.
• Descriptive part. Here, the facts that influenced the purpose of the examination, as well as the grounds for conducting it, should be stated.
• Conclusion. Here, the investigator's decision on the designation of the study and its type, requisites of the expert who will conduct the examination, the location and the list of materials to be investigated are indicated.

Before putting the document into work, the accused must also read it.

Legislative normative acts do not regulate, as the decision on appointment of examination should look. A sample of it is issued in investigative bodies or at a court session, on the basis of which a document is drawn up.