Допит експерта в суді як процесуальна форма використання спеціальних знань у кримінальному провадженні

Abstract

У статті досліджуються процедурні особливості допиту експерта в суді та питання, які найчастіше виникають у сторін кримінального провадження та суду при його проведенні. The article examines the procedural features of the interrogation of an expert in court and the issues that most often arise in the parties to criminal proceedings, the victim and the court during its conduct. During the consideration of criminal proceedings in court, questions often arise that require certain clarifications of the expert's opinion, clarification of the qualifications of the expert involved by the party to conduct the examination.

In accordance with Part 7 of Art. 101 of the CPC of Ukraine, each party to the criminal proceedings has the right to apply to the court to summon an expert for questioning in court, in order to clarify or supplement this conclusion. Article 356 of the CPC of Ukraine defines the grounds, procedure for summons, interrogation, as well as the range of issues that may be asked to the expert. Thus, the reason for summoning an expert for questioning in court is precisely the need to clarify the conclusion given by him (Part 1 of Article 356 of the CPC of Ukraine). In paragraph 2 of Part 5 of Art. 69 of the CPC of Ukraine states that the expert is obliged to come to the investigator, prosecutor and court and answer the questions during the interrogation.The subject of the expert's interrogation is his opinion, explanation of the provisions of this opinion and establishment of the expert's qualification.

During the trial, two conclusions made by different experts on the same issues, both on behalf of the prosecution and the defense, may be presented as evidence at the same time.

In such circumstances, objectively, there may be differences and contradictions in the opinions of experts submitted by the parties to the criminal proceedings in court. One of the procedural forms of verification and evaluation of evidence obtained during several examinations in criminal proceedings, performed by different experts on the same issues, both on behalf of the prosecution and the defense, is the simultaneous interrogation of two or more experts in court , which is provided for in Part 4 of Art. 356 of the Criminal Procedure Code of Ukraine.

Thus, the interrogation of an expert and the simultaneous interrogation of two or more experts in court is one of the most effective procedural forms of verification and evaluation of evidence obtained during the examination in criminal proceedings.