Quite often, in judicial practice, both criminal and administrative, in order to obtain more accurate information on the case, an examination is prescribed. This is necessary to investigate additional aspects of the case that appear only during the trial. But not everyone knows how to assign this type of study.
Instructions
Step 1
If, in the course of proceedings on an administrative case, it becomes necessary to use special knowledge in science, technology, art or craft, then the person in whose work the case is located assigns an examination with the involvement of authoritative experts in the required field. At the same time, those organizations or specialists who were attracted as experts are obliged to take up orders from the judicial authorities.
Step 2
This obligation must be drawn up in hard copy and contain the following data: the basis for the appointment of an examination; surname, name, patronymic of the expert or the name of the institution on the basis of which this check should be carried out; court questions posed to the expert; a list of materials that are provided to the expert for study and analysis. Also, the necessary set for the appointment of an examination includes an explanation to the expert of his rights and obligations and a warning about responsibility for giving a knowingly false conclusion.
Step 3
In criminal procedural practice, situations also often arise when an examination is simply necessary. It can be appointed by the investigator either himself (at the same time, he makes an appropriate decision), or in a number of cases provided for by paragraph 3 of part two of Article 29 of the CCP, draws up a petition to the court with a request to hold such measures. The application must indicate: the grounds for the appointment; personal data of the expert or body that will conduct the examination; questions necessary for the court; materials that will be provided for the study. Such an examination is carried out only by state forensic experts.
Step 4
It should be remembered that only the person who is responsible for the case - an investigator, judge or lawyer - can appoint or apply for an expert examination. It is these people who decide whether an examination is necessary, in principle, and in what case to carry it out. The court may refuse the right to conduct an examination, but only with sufficient reasoning. The parties can also express their disagreement against the examination. Then, in each specific case, the judge will understand and make an answer to each petition.
