Bulletin of Kharkiv National University of Internal Affairs (Dec 2024)
Application of expert opinion in investigation and proof of criminal offences against justice
Abstract
The article substantiates the thesis that an expert opinion is one of the sources of proof in criminal offences against justice. It is established that the possibilities of expert research in this category of cases are mainly aimed at proving certain circumstances which occurred in the past, and the confirmation of which is a sufficient basis for establishing the fact that a person encroaches on the normal (lawful) activities of justice authorities and obstructs the conduct of legal proceedings, i.e., expert tasks are mainly aimed at investigating the method of unlawful conduct. Forensic examinations aimed at identifying the perpetrator are atypical in their investigation, since in most cases the identity of the latter is reliably known. Based on the generalisation of case law materials, the author determines that for this category of cases, it is typical to appoint the following examinations: forensic psychiatric examination, handwriting examination, technical examination of a document, etc. The author emphasises that law enforcement practice needs to be improved in the context of developing unified approaches to the grounds sufficient for a person to undergo a forensic psychiatric examination. Since the existing legislative approach does not define such grounds in detail, and given the presumption of mental health, the task of ensuring their unambiguous interpretation in law enforcement practice is urgent. In addition, it is determined that typical examinations also include handwriting examination, the objects of which are primarily protocols of procedural actions, official documents containing forged signatures or false text. Another typical method used in the investigation of criminal offences against justice is the technical examination of a document, which is aimed at confirming/refuting the fact of its forgery. The author believes that further research on the issues raised should be aimed at identifying typical mistakes made by the inquiry and investigation authorities which affect the ability to solve expert tasks in this category of criminal offences.
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