Problems of Application of Special Knowledge to Investigation of Criminal Work Safety Violation Facts in Lithuania
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Abstract
In the article, there are analysed aspects of the appointments of main work safety technical examinations as well as aspects of tasks to carry out examination of objects connected with work safety, presentation and usage of the results in practice in Lithuania.
Statistical data are analysed and presented about the 303 work safety technical examinations and conclusions of the specialist, drown up during the period of time from 2001–2004 by Technical Examination Section of Lithuanian Forensic Center as well as documents of procedural decisions concerning application of special knowledge. The main trends are highlighted on the basis of the conducted examinations. Besides, the problems of application of special knowledge are determined and discussed. Furthermore, impact of the new Criminal Procedure Code of the Republic of Lithuania and the new forensic law of the Republic of Lithuania upon appointment of the work safety examinations and presentation of the conclusions of specialist are analysed.
Proposals and conclusions are phrased in terms of the researched items. In the article it is stated that presentation and usage of the results in practice of the appointments of work safety technical examinations and tasks to carry out examination of the objects connected with work safety in Lithuania should be improved as they incompletely correspond to the contemporary level and requirements of the law enforcement. Remarkably uneven application of special knowledge according to administrative-territorial partition is determined. Moreover, in the article it is stated that enforcement of the new Criminal Procedure Code of the Republic of Lithuania and change of the pre-trial investigation subject from Prosecutor’s Office to Police in the cases of violation of work safety rules, determined significant changes in the legal practice of special knowledge applications. In some cases the aforementioned changes are followed by the marked negative tendencies.
Seeking to make usage of special knowledge in the legal practice and investigation of violations of work safety requirements more effective, it is necessary urgently to decide on the regulation of legal knowledge, improvement of qualification of the investigators and other theoretical and practical problems, especially in the level of pre-trial investigation.
Statistical data are analysed and presented about the 303 work safety technical examinations and conclusions of the specialist, drown up during the period of time from 2001–2004 by Technical Examination Section of Lithuanian Forensic Center as well as documents of procedural decisions concerning application of special knowledge. The main trends are highlighted on the basis of the conducted examinations. Besides, the problems of application of special knowledge are determined and discussed. Furthermore, impact of the new Criminal Procedure Code of the Republic of Lithuania and the new forensic law of the Republic of Lithuania upon appointment of the work safety examinations and presentation of the conclusions of specialist are analysed.
Proposals and conclusions are phrased in terms of the researched items. In the article it is stated that presentation and usage of the results in practice of the appointments of work safety technical examinations and tasks to carry out examination of the objects connected with work safety in Lithuania should be improved as they incompletely correspond to the contemporary level and requirements of the law enforcement. Remarkably uneven application of special knowledge according to administrative-territorial partition is determined. Moreover, in the article it is stated that enforcement of the new Criminal Procedure Code of the Republic of Lithuania and change of the pre-trial investigation subject from Prosecutor’s Office to Police in the cases of violation of work safety rules, determined significant changes in the legal practice of special knowledge applications. In some cases the aforementioned changes are followed by the marked negative tendencies.
Seeking to make usage of special knowledge in the legal practice and investigation of violations of work safety requirements more effective, it is necessary urgently to decide on the regulation of legal knowledge, improvement of qualification of the investigators and other theoretical and practical problems, especially in the level of pre-trial investigation.
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