LAW ENFORCEMENT PRACTICE OF ORDERING FORENSIC EXAMINATIONS DURING A JUDICIAL INVESTIGATION IN CRIMINAL PROCEEDINGS
Author(s): Palieva O.N., Paliev V.B., Osipyan N.B.
Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics
DOI: 10.21777/2587-9472-2024-3-65-72
Release: 2024-3 (43)
Pages: 65-72
Keywords: trial, examination of evidence, forensic examination, appointment, procedural order, additional forensic examination, repeated forensic examination, commission forensic examination, complex forensic examination, law enforcement practice
Annotation: The trial is the central stage of the criminal proceedings, during which all the evidence gathered during the investigation of the criminal case is examined. Quite often, forensic examinations that were carried out during the preliminary investigation are subject to thorough investigation. In the course of judicial proceedings, situations may arise where the court identifies inconsistencies in the con- clusions and research part of an examination, inconsistencies between the findings of multiple examinations, expert incompetence, and other issues that affect the thoroughness and clarity of a forensic investigation, and ultimately its objectivity. In such a situation, in order to determine the truth in a case, it is necessary to conduct additional, repeated forensic examinations as part of the trial process. The authors analyzed the judicial practice of appointing various types of forensic examinations in judicial investiga- tions. This made it possible to identify violations committed during the examinations in the course of the prelimi- nary investigation, and, therefore, to summarize the grounds for the appointment of forensic examinations within the framework of a judicial investigation. In the text of the article, the Russian Federation is abbreviated as RF.
Bibliography: Palieva O.N., Paliev V.B., Osipyan N.B. LAW ENFORCEMENT PRACTICE OF ORDERING FORENSIC EXAMINATIONS DURING A JUDICIAL INVESTIGATION IN CRIMINAL PROCEEDINGS // Journal of Legal Sciences. – 2024. – № 3 (43). – С. 65-72. doi: 10.21777/2587-9472-2024-3-65-72