A forensic examination can be ordered by the court to be able to give an objective verdict. Or it can be appointed at the request of the plaintiff or the defendant. Also, the Civil Court has the right to appoint an examination on its own initiative. But, according to the Criminal Procedure Code of the Russian Federation, the prosecutor cannot order an expert examination.
Instructions
Step 1
When drawing up an application for a forensic examination, it is very important to correctly (from the point of view of legislation) formulate all the questions and tasks. The application must indicate:
1) The reasons for the appointment of a forensic examination;
2) Expert or the name of the expert institution in which the examination will be carried out;
3) Questions posed to the expert;
4) Materials made available to experts. It is necessary to obtain written consent from the expert organization to carry out this procedure, this will determine the cost and terms.
Step 2
If the initial examination does not provide sufficient clarity, the court orders a second examination. It can be carried out by another expert, although this is not essential. In judicial practice, there is such a concept as a comprehensive examination. It is assigned in cases where it is necessary to use different areas of knowledge. As a result, a general conclusion is drawn based on the research carried out.
Step 3
The final documents of the forensic examination are the expert's opinion, which must indicate:
1) place of forensic examination, date, time;
2) information about the expert institution, as well as name and surname. expert, 3) the person who appointed the forensic examination;
4) the grounds for the production of a forensic examination;
5) a signature on the expert's warning about responsibility for giving a knowingly false conclusion;
6) objects of research and materials transferred for the production of a forensic examination;
7) questions posed to the expert;
8) data on the persons who were present during the forensic examination;
10) conclusions on the questions posed to the expert. Materials confirming the expert's conclusion (photos, documents, etc.) are attached to the conclusion.
