ENSURING PROSECUTORIAL SUPERVISION OVER THE USE OF EXPERT KNOWLEDGE IN CONDUCTING INVESTIGATIVE ACTIONS

Аннотация

INTRODUCTION proving intricate facts. For example, in cases One of the ways to enhance the effectiveness of involving environmental crimes, investigative investigative actions is through the more extensive authorities may require forensic chemical, use of experts' knowledge. Therefore, when toxicological, radiological, technical, supervising the investigation of crimes, the hydrotechnical, constructional, agrotechnical, prosecutor should pay close attention to the forestry, veterinary, ichthyological, and other types compliance with procedural norms regulating the of expert examinations. participation of specialists, experts, educators, and interpreters in investigative activities. Naturally, the specific type of expert examination depends on the questions posed to the experts, and The range of special issues for which experts are different materials from the investigation or currently engaged is quite broad. Investigations physical evidence will be required. In such into complex criminal cases rarely proceed without instances, interrogation protocols of process expert analysis, especially when it comes to participants may play a crucial role. https://www.theamericanjournals.com/index.php/tajpslc 147 THE USA JOURNALS THE AMERICAN JOURNAL OF APPLIED SCIENCES (ISSN – 2689-0992) VOLUME 06 ISSUE06 According to Article 68(1) of the Criminal investigator in detecting, securing, and seizing Procedure Code (CPC), an expert is entitled to evidence, as well as providing insights into the participate in interrogations and other circumstances related to the evidence. The investigative actions with the investigator's specialist is an individual with specific knowledge permission and ask the interrogated person and skills, invited by the investigator to participate questions relevant to the subject of the expertise. in investigative actions and assist in the detection, Additionally, as per Article 179 of the CPC, the securing, and seizure of evidence. While accused has the right to be present during the participating, the specialist may also offer expert examination, with the investigator's recommendations regarding investigative permission, and provide explanations to the expert. theories, necessary actions, appropriate technical tools, and which types of expert examinations or This legal provision reflects the procedural activity documents should be requested. of the expert, and in certain cases, it implies the expert's participation in the interrogation of the The range of specialized knowledge and skills used accused (or suspect), as their explanations during in procedural evidence is extraordinarily broad, the investigation may be essential for ensuring the encompassing fields such as medicine, pedagogy, objectivity and reliability of the expert's findings. chemistry, physics, biology, and more. In practice, These explanations can be included directly in the specialists like forensic experts, psychologists, expert report (for example, when the accused environmentalists, safety engineers, and provides information about their living conditions accountants are frequently invited to participate in and health status during an outpatient forensic interrogations and other investigative activities. psychiatric examination) or recorded in It is also worth noting that investigators often seek corresponding procedural documents, most specialists' help to ensure the proper use of audio commonly interrogation protocols. and video recording during interrogations (Article However, the current CPC does not grant the victim 91 of the CPC). a similar right, although the investigator is not When supervising compliance with procedural precluded from interrogating the victim with the norms related to the participation of specialists in participation of an expert. investigative actions, the prosecutor should bear in According to Article 78 of the CPC, an expert is mind that, under Article 78 of the CPC, specialists prohibited from participating in the investigation are prohibited from participating in the case under (including interrogations) if they have previously the same conditions as experts. These conditions been involved in the case as a specialist, except in include general grounds that preclude cases where a forensic medical expert has participation in legal proceedings (Article 76 of the participated in the external examination of a body. CPC), as well as specific circumstances, such as a specialist being in a position of dependency During investigative actions, investigators receive (official or otherwise) on the accused, victim, civil information from a wide range of knowledge fields, plaintiff, or civil defendant, or having participated often interviewing individuals from various in an audit whose materials served as the basis for professions, including those directly related to the initiating the case, or being found incompetent in case. For instance, in cases involving their field. environmental pollution due to negligence