Optimization of Use of Forms of Special Knowledge in Criminal Procedure of Lithuania
##plugins.themes.bootstrap3.article.main##
Abstract
Reality in most criminal cases is so puzzling and specific, that in order to solve different problems during the procedure of providing evidence we need to apply for knowledge from various fields of human activity.
Special knowledge involves any kind of knowledge and skills in science, technology or any other human activity, which is acquired during special studies and/or professional activity and is used for providing evidence and information to investigate a criminal case.
The article discusses about problems of codification of special knowledge application in the Criminal Procedure Code of the Lithuanian Republic and the Law of Forensic Expertise of May 1, 2003. The participants of criminal procedure – experts and specialists – have been also indicated as the providers of special knowledge in crime investigation. However, their role has been radically changed.
The article analyses forms of special knowledge application: decisions of experts and specialists. The emphasis is laid on the problems of expertise provision. The procedure of application for expertise has been criticised. A multi–stage application has become a serious obstacle in the way of the legal reform in order to achieve certain goals – to avoid a long– lasting preparation of a criminal case for a criminal court trial. Finally, possible optimization of special knowledge application and some amendments to the Criminal Procedure Code have been suggested. The amendments might optimize the application of special knowledge during criminal procedure.
Special knowledge involves any kind of knowledge and skills in science, technology or any other human activity, which is acquired during special studies and/or professional activity and is used for providing evidence and information to investigate a criminal case.
The article discusses about problems of codification of special knowledge application in the Criminal Procedure Code of the Lithuanian Republic and the Law of Forensic Expertise of May 1, 2003. The participants of criminal procedure – experts and specialists – have been also indicated as the providers of special knowledge in crime investigation. However, their role has been radically changed.
The article analyses forms of special knowledge application: decisions of experts and specialists. The emphasis is laid on the problems of expertise provision. The procedure of application for expertise has been criticised. A multi–stage application has become a serious obstacle in the way of the legal reform in order to achieve certain goals – to avoid a long– lasting preparation of a criminal case for a criminal court trial. Finally, possible optimization of special knowledge application and some amendments to the Criminal Procedure Code have been suggested. The amendments might optimize the application of special knowledge during criminal procedure.
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
