We disassemble the decision on the appointment of examination

In the disclosure of certain crimes, they followedoften resort to the appointment of expertise. The decision on the appointment of the examination is made both at the stage of preliminary consideration of the case, and at the trial itself.

The concept of expertise

Expertise is the appointed andthe carried out research with observance of legislative norms at which experts apply special scientific skills and knowledge, and also technics. The result of the examination is the giving of an opinion, which is equated with the sources of evidence. Most often, forensic examination is appointed in criminal trials.

Expertise can be divided on the following grounds:

character;
branch of special knowledge;
group or individual;
homogeneous and heterogeneous;
scope of the study;
the order of carrying out: primary, repeated.

decree on the appointment of an expert examination

Before resorting to expert actions,an investigation is carried out. It is up to him to prove that further investigation without expert examination is impossible or will come to a standstill. Based on the investigative assessment, the law enforcement officer decides what expertise to assign and who will do it.

Base

The purpose of the examination isorder of the investigator or judge. This order is issued as a decision on the appointment of a forensic examination. This procedure is appointed both at the initiative of the court and at the request of one of the parties to the proceedings. Expertise in the judicial process is necessary in the event that for the establishment of important information that can help in the disclosure of the crime, there is not enough legal or common knowledge.

The decision on the appointment of expertise is applied when it is necessary to identify:

for what reason was death;
whether the person under investigation is responsible;
age of the citizen.

Among other things, can be appointed andadditional research, if specialists, for example, have come to contradictions. If the study was compulsory, but it was not conducted, the judgment for this reason can be revoked.

Appointment

In order to determine the decision to appoint an expert examination, a separate court session is held. At the same time, all parties to litigation can:

ask your questions;
to familiarize with the decision;
to protest the decision;
ask for research in a particular organization;
to propose their candidates for examination and reject the proposals;
to be on examination;
to get acquainted with the conclusions of specialists.

decree on the appointment of examination sample

The study is considered to be scheduled that day,when a decision was made to appoint an expert examination. During the investigation, judicial proceedings are suspended and resumed only on the day when all materials together with the expert's decision return to court.

Structure and content

The document has a specific structure and should contain the following:

Introduction. Here, the date, the name of the court, the requisites of the investigator, the number of the criminal case must be indicated.
Descriptive part. The facts that influenced the purpose of the examination, as well as the grounds for conducting it, should be stated here.
The conclusion. Here is indicated the decision of the investigator about the purpose of the study and its type, requisites of the expert who will conduct the examination, the location and the list of those materials that are subject to investigation.

Before putting the document into work, the accused must also read it.

Legislative normative acts are notregulate how the decision on the appointment of an examination should look like. A sample of it is issued in investigative bodies or at a court session, on the basis of which a document is drawn up.