FEATURES OF THE TACTICS OF USING AN EXPERT’S CONCLUSION DURING THE PRE-TRIAL INVESTIGATION, WHICH IMPLEMENTS THE RIGHT TO AN EXPERT INITIATIVE

Abstract

The author has studied the specificity of using a forensic expert’s conclusion, which implements the right to an expert initiative while the process of proving during the pre-trial investigation. In particular, the author has emphasized the insufficiency of scientific research of the phenomenon of an expert initiative and its implementation in proving within the criminal proceeding. The general tactical features of using such expert conclusions have been determined. The author has outlined the purposes and directions of their usage, which in general coincide with the purposes and directions of using other evidence, but have a certain specificity. In this regard, it has been emphasized that the expert initiative can not influence the purposes of the examination’s appointment, but it matters with regard to the purposes of using the expert’s conclusion, which can be specified in the direction of narrowing or expansion in comparison with those that were put by the investigator during the appointment of the examination.

Significance of the expert’s conclusions initially formulated to identify the causes and conditions that contributed to the commission of a crime and, accordingly, to solve preventive tasks within the criminal proceedings. The author has provided recommendations on the peculiarities of the influence of information obtained by the investigator as a result of the expert initiative on the selection of tactical methods of carrying out certain investigative (search) actions by the example of interrogation tactics. The author has also determined the peculiarities of the influence of the initiative on the organization of tactical operations during the pre-trial investigation realized in the expert’s conclusion.