Conceptual framework for the use of computer technologies by the prosecution authorities in assessing expert opinions
( Pp. 242-247)
More about authors
Vyacheslav N. Isaenko
Dr. Sci. (Law), Prof. of the Department of Organization of Judicial and Prosecutorial Investigative Activities
Kutafin Moscow State Law University (MSAL)
Moscow, Russian Federation
Kutafin Moscow State Law University (MSAL)
Moscow, Russian Federation
Abstract:
The article analyzes the possibilities and prospects of using computer (digital) technologies in the assessment of expert opinions by prosecutors involved in criminal proceedings. This area of prosecutorial activity in currently of particular importance. On the one hand, this is explained by the increasing role in forensic expertise in establishing the circumstances of the crime, identifying and exposing the perpetrators. On the other hand, prosecutors who supervise pre-trial proceedings often ignore the obvious legal and factual shortcomings of the expert opinions contained in the criminal cases received by them. His creates difficulties for prosecutors - public prosecutors, who find themselves in difficult situations at a preliminary hearing, as well as a judicial investigation, when defense lawyers file requests for the recognition of expert opinions as inadmissible evidence. According to the author, the shortcomings of the prosecutor’s supervision over execution of laws in the appointment and production of forensic examinations, as well as in the assessment of expert opinions by individual prosecutors, are to a certain extent caused by both gaps in their respective professional training and the lack of reliable aids in the prosecution authorities for a comprehensive assessment of conclusions experts. The solution of this problem can be facilitated by the development, testing and implementation in practice od a automated reference system. The author proposes a concept of its in the form of a complex of interconnected modules (blocks) containing information required by the prosecutors for a comprehensive, complete and objective assessment of the opinions of experts of various in terms of reliability, scientific validity, compliance with the requirements of modern judicial practice. This system can be elements of the automated workplace of the prosecutor involved in both the pre-trial and judicial stages of criminal proceeding, as well as used in the work to improve the skills and professional training of prosecutors, i.e. perform not only a control function, but also a training function/ The latter is of particular importance in the training of prosecutors who do not have sufficient practical experience, as well as students of educational institutions of the prosecutor’s office.
How to Cite:
Vyacheslav N.I., (2020), CONCEPTUAL FRAMEWORK FOR THE USE OF COMPUTER TECHNOLOGIES BY THE PROSECUTION AUTHORITIES IN ASSESSING EXPERT OPINIONS. Gaps in Russian Legislation, 5 => 242-247.
Reference list:
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Lapina I.A. Obrazovatel nye programmy v sfere sudebnoy ekspertizy v kachestve sredstv polucheniya spetsial nykh znaniy i preduprezhdeniya ekspertnykh oshibok//Sudebnaya ekspertiza Belarusi. Nauchno-prakticheskiy zhurnal. 2020. № 1 (10).
Likhacheva E. TSifrovizatsiya menyaet organizatsionno-upravlencheskie funktsii v organakh prokuratury//Zakonnost . 2020. № 7 (1029).
Ozhegov S.M. Tolkovyy slovar russkogo yazyka/pod red. prof.L.I. Skvortsova. - 27-e izd., ispr. - M.: Izd-vo AST: Mir i obrazovanie, 2018.
Lapina I.A. Obrazovatel nye programmy v sfere sudebnoy ekspertizy v kachestve sredstv polucheniya spetsial nykh znaniy i preduprezhdeniya ekspertnykh oshibok//Sudebnaya ekspertiza Belarusi. Nauchno-prakticheskiy zhurnal. 2020. № 1 (10).
Likhacheva E. TSifrovizatsiya menyaet organizatsionno-upravlencheskie funktsii v organakh prokuratury//Zakonnost . 2020. № 7 (1029).
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Keywords:
computer technology, conceptual foundations, prosecutor’s supervision, pre-trial proceedings, expert opinion, analysis and assessment, optimization.
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