Art. 57 of the Code of Criminal Procedure with comments

In accordance with Art. – субъект, имеющий особые знания и назначенный по установленным законом правилам для выполнения судебного исследования и предоставления заключения. 57 of the Code of Criminal Procedure of the Russian Federation, an expert is a subject with special knowledge and appointed in accordance with the rules established by law to perform judicial research and provide an opinion. In this rule, the rights and duties of this person are defined. Consider Art. . 57 of the Code of Criminal Procedure with commentaries .

Rights of the authorized subject

They are envisaged in the third part of Art. 57 of the Code of Criminal Procedure. вправе: The specialist has the right:

1. To get acquainted with the materials of criminal proceedings related to the subject of research.
2. Submit requests for additional information required to draw up an opinion, or to involve other competent persons in the procedure.
3. Participate in procedural activities, ask questions about the subject of the study. This right is realized by consent of the inquirer, the court, the investigator.
4. Give an opinion within the competence, including those on issues that, although not formulated in the decision on the procedure, but are relevant to the subject matter of the examination.
5. Bring complaints about decisions, inactions / actions of investigators and investigators, their superiors, the court, the prosecutor, if they restrict his rights.
6. Refuse to formulate opinions on issues that are not part of the field of special knowledge, and if the materials provided to him are insufficient to express an opinion. The corresponding decision must be made in writing. In this case, the reasons for refusal should be indicated in the document.

Restrictions

According to Art. , назначенное лицо не может: 57 of the Code of Criminal Procedure , an appointed person can not:

1. Conduct negotiations with the participants in the production on the issues relating to the subject of the study, without notifying the investigator, the court, the investigator.
2. Collect the materials for the survey yourself.
3. Perform procedures that can lead to destruction (full / partial), changing the appearance or characteristics of objects, without the permission of authorized officials.
4. Formulate deliberately false conclusions in the conclusion.
5. Disclose the information of the preliminary investigation, which he learned as a result of his participation in the proceedings, if he had been warned about this in advance according to the rules of Art. 161 CCP.
6. To evade the appearance on the call of the investigator, the court or the investigator.

Additionally

In accordance with Art. , за предоставление заведомо фиктивного заключения субъект привлекается к ответственности. 57 of the Code of Criminal Procedure of the Russian Federation , for providing a knowingly fictitious conclusion, the subject is brought to justice. In this case, the procedure established by Code 307 is applied. For promulgation of the information of the preliminary investigation, which the citizen became aware of in connection with the execution of instructions of the investigator, court, investigator, there is also a liability. The subject is drawn to it, in accordance with the provisions of the 310 Code.

Article 57 of the Code of Criminal Procedure with comments

Not every person who has special knowledge can be involved in production to carry out research. When involving persons, art. . 58, 57 of the Code of Criminal Procedure . In this case, it is necessary to take into account the different procedure for involving citizens. The expert is involved on the basis of the decree for the implementation of independent procedures. He carries out research outside the scope of other procedural actions. The specialist also participates in the activities carried out by the investigator, the court, the investigator. The purpose of attracting him is to assist in the identification, recording and seizure of documents and items, the use of technical means of examination of materials, clarification of issues related to his competence, and questions to the person who will carry out independent procedures. The expert's task is to formulate conclusions in the conclusion, which serves as evidence.

Competence

The entity involved in the proceedings in the manner of art. должен обладать познаниями в научной, технической сфере, области промышленного производства, других отраслях деятельности человека. 57 of the Code of Criminal Procedure, should have knowledge in the scientific, technical, industrial production, and other areas of human activity. The law does not require that they be necessarily professional. Exception is made when the research is carried out in an expert institution. In any case, the person's knowledge must be deep enough to perform the procedure and formulate answers to the questions. The investigator, the court, the investigator may require confirmation of the expert's qualifications. As evidence of the availability of relevant knowledge can act as a certificate, certificate, qualification certificate, etc. In addition, these subjects have the right to find out the correspondence of the sphere of activity, professional experience, scientific works of the person to that area of knowledge to which the issues to be resolved belong. It should be noted that certification of an expert is not mandatory and is carried out only on a voluntary basis.

Requirements

Attract the person to the production, in accordance with Art. 57 of the Code of Criminal Procedure, it is possible in the event that he has a higher professional education and has passed subsequent training in the specialty according to the rules provided for in regulatory enactments of the executive structures of power. Establishment of the level of training and certification for obtaining the right to self-implementation of activities are carried out by the relevant commissions. The level of professional training of experts should be reviewed every 5 liters.

Acquaintance with materials

As a rule, it is carried out in the form of study of the decision on the appointment of examination. This document sets out information about the circumstances of the act, the conditions for obtaining the objects of research. The resolution describes the items and other materials that are provided to the expert. A person can make an application for obtaining additional information necessary for him to formulate an opinion. Acquaintance with materials is also carried out with the direct participation of a person in investigative and other procedural actions. To do this, he must obtain the permission of authorized employees. Within the framework of participation in these events, the expert can ask questions that relate to the subject of study.

Involvement of other citizens

The expert can apply for involvement in the study of other persons. Speech in this case is not about situations when the subjective or objective level of the citizen does not correspond to the subject of the survey or is insufficient to answer the questions. Involvement of other citizens is allowed if they have knowledge on the same topic, and their participation will ensure a more rapid and correct formulation of conclusions. If the expert decides that a homogeneous rather than a homogeneous study is required to draw up a conclusion, he should not apply for involvement of other persons. In this situation, he must refuse to fulfill the instructions of authorized employees. After this, a comprehensive study is assigned. The refusal may concern all or only certain issues that go beyond the competence of the person.

Duties

They are formulated in Art. 57 CCP RF in the form of prohibitions. For example, a person can not negotiate with the parties of production without notifying the authorized bodies and their employees about this, independently collecting materials for further study. These limitations are due to the fact that the assessment of the complex of evidence, the subsequent selection of information and materials that will be submitted for study, are exclusively within the competence of the investigator, the court, the investigator.