Review of the Usage of Special Knowledge Form of the Criminal Investigation
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Abstract
In the article, the development of forms of the usage of special knowledge regulated in the Code of Criminal Process of Lithuania since 1918 up to the present time is analysed.
In pre-war Lithuania, according to the Code of Criminal Process one form of the usage of special knowledge, i. e. expertise, was noted.
When Lithuania became a part of the USSR, the Code of Criminal Process, which was in force in the country, had to comply with fundamentals of the Regulations of the Soviet Republics. Therefore, the Code of Criminal Process, which came into force on September 1, 1961, had only one form of the usage of special knowledge, i. e. expertise (Art. No. 85).
After the restoration of independence, the Code of Criminal Process was supplemented with additional forms of usage of special knowledge. In the Code of Criminal Process, which is in force at the present time, there are three forms of usage of special knowledge: expertise (Art. No. 85), a specialist’s conclusion (Art. No. 842) and the act of revision (Art. No. 843). According to the law, these forms of usage of special knowledge are acknowledged as independent sources of evidence.
In the article the forms of usage of special knowledge regulated in Codes of Criminal Process in Austria, Poland, France, Germany and Russia have been analysed. Almost in all countries expertise is considered as a form of usage of special knowledge.
The article provides, suggestions on regulation of usage of special knowledge in preparing new Code of Criminal Process of the Republic of Lithuania.
In pre-war Lithuania, according to the Code of Criminal Process one form of the usage of special knowledge, i. e. expertise, was noted.
When Lithuania became a part of the USSR, the Code of Criminal Process, which was in force in the country, had to comply with fundamentals of the Regulations of the Soviet Republics. Therefore, the Code of Criminal Process, which came into force on September 1, 1961, had only one form of the usage of special knowledge, i. e. expertise (Art. No. 85).
After the restoration of independence, the Code of Criminal Process was supplemented with additional forms of usage of special knowledge. In the Code of Criminal Process, which is in force at the present time, there are three forms of usage of special knowledge: expertise (Art. No. 85), a specialist’s conclusion (Art. No. 842) and the act of revision (Art. No. 843). According to the law, these forms of usage of special knowledge are acknowledged as independent sources of evidence.
In the article the forms of usage of special knowledge regulated in Codes of Criminal Process in Austria, Poland, France, Germany and Russia have been analysed. Almost in all countries expertise is considered as a form of usage of special knowledge.
The article provides, suggestions on regulation of usage of special knowledge in preparing new Code of Criminal Process of the Republic of Lithuania.
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Please see Copyright and Licence Agreement for further details.
