Conception of the Special Knowledge and the Peculiarities of Implementation
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Abstract
Special knowledge is procedural cognitive method which content is superior than medium level of knowledge human uses or needs in his practice to establish needful information in reference to the case, and procedural form of implementation in assessors or specialists competency.
This cognitive method is universal. Consequently it has to be considered unambiguously in criminal, civil and administrative law, as its implementation range and forms.
The implementation of special knowledge in averment circumstances of a case, has to be equally accessible to all parties. The concentration of this method in accusatorial hands discriminates other active parties of the procedure, contravenes the principle of equal opportunities, the principle of the right to be heard and the principle of the effective defense.
The implementation of the special knowledge in the assessors competency range, ensures the solution of special expert questions and the help of the specialist ensures the execution of procedural action in finding, impounding, evaluating evidence and consulting or clarifying special questions.
Use of special knowledge by aggrieved, or suspect in the new-legislated (in 2003 year) Code of Criminal Procedure apparently inferior than in the past Code of Criminal Procedure. In purpose to examine the circumstances of case comprehensively and without bias it’s purposive to capacitate the equal chance for all parties to apply the pretrial judge in order to set the examination.
When the examination is set both defense and prosecution have to be equally freed from court costs for the examination.
Experts or specialists independence is inconsistent with departmental control.
The validity and objectivity of the examination made by specialist or expert are conditioned by their competency, procedural autonomy, financial independence and material facilities.
This cognitive method is universal. Consequently it has to be considered unambiguously in criminal, civil and administrative law, as its implementation range and forms.
The implementation of special knowledge in averment circumstances of a case, has to be equally accessible to all parties. The concentration of this method in accusatorial hands discriminates other active parties of the procedure, contravenes the principle of equal opportunities, the principle of the right to be heard and the principle of the effective defense.
The implementation of the special knowledge in the assessors competency range, ensures the solution of special expert questions and the help of the specialist ensures the execution of procedural action in finding, impounding, evaluating evidence and consulting or clarifying special questions.
Use of special knowledge by aggrieved, or suspect in the new-legislated (in 2003 year) Code of Criminal Procedure apparently inferior than in the past Code of Criminal Procedure. In purpose to examine the circumstances of case comprehensively and without bias it’s purposive to capacitate the equal chance for all parties to apply the pretrial judge in order to set the examination.
When the examination is set both defense and prosecution have to be equally freed from court costs for the examination.
Experts or specialists independence is inconsistent with departmental control.
The validity and objectivity of the examination made by specialist or expert are conditioned by their competency, procedural autonomy, financial independence and material facilities.
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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.
