Использование специальных знаний представителем потерпевшего и защитником при собирании криминалистически значимой информации

Abstract

In article are analyzed the problems of use the special knowledge by the representative of the victim and the defender in criminal legal proceedings. The author, considering concrete situations, allocates three basic blanks interfering rendering of the qualified legal aid by the representative of the victim and by the defender. The first consists that the representative of the victim and the defender in criminal legal proceedings possess not equal rights of use of special knowledge at collecting the criminalistical significant information. The second consists that in operating edition Criminal Procedure Code of the Russian Federation is absent the mechanism of realisation of those rights which are given the representative of the victim and the defender. The third blank consists that for the investigators and court the duty is not provided to consider and state a legal estimation to the evidence collected by the representative of the victim and the defender on criminal case. Owing to the specified circumstances, necessity of introduction for the current legislation of a remedial regulation of use is proved by the representative of the victim and the defender of special knowledge at collecting the significant criminalistical information. Entering of such additions would promote maintenance of more fair proceeding on criminal cases. ; In article are analyzed the problems of use the special knowledge by the representative of the victim and the defender in criminal legal proceedings. The author, considering concrete situations, allocates three basic blanks interfering rendering of the qualified legal aid by the representative of the victim and by the defender. The first consists that the representative of the victim and the defender in criminal legal proceedings possess not equal rights of use of special knowledge at collecting the criminalistical significant information. The second consists that in operating edition Criminal Procedure Code of the Russian Federation is absent the mechanism of realisation of those rights which are given the representative of the victim and the defender. The third blank consists that for the investigators and court the duty is not provided to consider and state a legal estimation to the evidence collected by the representative of the victim and the defender on criminal case. Owing to the specified circumstances, necessity of introduction for the current legislation of a remedial regulation of use is proved by the representative of the victim and the defender of special knowledge at collecting the significant criminalistical information. Entering of such additions would promote maintenance of more fair proceeding on criminal cases.