A defense counsel’s about conducting investigative action at the stage preleminary investigation
Journal Title: Альманах міжнародного права - Year 2017, Vol 18, Issue
Abstract
The article outlines the main issues regarding the reasons, procedure and purpose of sending a defense counsel’s request for conducting expert research. The attention was paid to the formation of a lawyer’s position at the pre-judicial investigation stage in case of refusal by the investigator in the petition for an expert examination. The rules of legislation, which are in support of the interests of the lawyer and the defendant, are analyzed. To date, the Criminal Procedure Law contains a clear list of investigative actions to be carried out at the pretrial stage. Based on the practice of adopted decisions or sentences, it should be noted that the expert’s conclusion, although not crucial to the decision, but has a large percentage of influence on its formation. Conducting any examination is an important element of the evidence-based system. Therefore, in this article attention is paid to the procedure, mechanism and grounds for conducting repeated, additional, complex, commission expert investigations at the request of a lawyer. The question of the appointment of expert studies is widely discussed, and a large number of scientists and researchers have been published on this subject. In addition, a significant role is played by the participation of a defense counsel in pre-trial proceedings and the initiation of investigative actions in which expert examinations are conducted.
Authors and Affiliations
Ю. В. Горб
Keywords
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- EP ID EP443734
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