Problematic issues of forensic examination appointment in criminal proceeding and solutions

Abstract

The paper presents results of study focused on practice of forensic examination appointment in Ukraine. A set of problematic issues, related to implementation of this special knowledge use format, is outlined. Identified gaps and flaws hamper the forensic examination performance in full scope – as a result, plausible statements or ones claiming the absence of solutions are provided leading to investigation process delays.

This paper is aimed to identify the typical errors emerging in the process of collecting and transferring the materials for expert study, as well as formulate relevant solutions. In particular, the following errors are characterized: incompliance of data in decree on forensic examination appointment and supporting letter, incompliance of actual study objects and ones identified in decree, presenting questions to experts which are prohibited by the Criminal Procedure Code of Ukraine, incompliance of forensic examination type, presented in the decree, and relevant tasks, incorrect packaging of the studied objects etc. Due to the abovementioned errors the process of forensic examination is suspended and expert files a motion on provision of additional materials, non-conformity acts, endorsement letters etc.

Methods to tackle the analyzed problematic issues are provided, as well as recommendations on correct processing of required documents and materials for full and impartial expert study as a result of the performed research. Emphasis is placed on use of regulatory documents related to the appointment and performance of forensic examinations and its significance. It allows one to correctly: determine the type of forensic examination subject to appointment to ensure the study of the discovered object, formulate the expert’s task, select experimental samples for comparative study etc.