THE USA JOURNALS
THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)
VOLUME 06 ISSUE09
147
https://www.theamericanjournals.com/index.php/tajpslc
PUBLISHED DATE: - 30-09-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue09-12
PAGE NO.: - 147-150
ENSURING PROSECUTORIAL SUPERVISION
OVER THE USE OF EXPERT KNOWLEDGE IN
CONDUCTING INVESTIGATIVE ACTIONS
Mathalikov R.O.
Independent Applicant at the University of Public Security of the Republic
of Uzbekistan
INTRODUCTION
One of the ways to enhance the effectiveness of
investigative actions is through the more extensive
use of experts' knowledge. Therefore, when
supervising the investigation of crimes, the
prosecutor should pay close attention to the
compliance with procedural norms regulating the
participation of specialists, experts, educators, and
interpreters in investigative activities.
The range of special issues for which experts are
currently engaged is quite broad. Investigations
into complex criminal cases rarely proceed without
expert analysis, especially when it comes to
proving intricate facts. For example, in cases
involving environmental crimes, investigative
authorities may require forensic chemical,
toxicological,
radiological,
technical,
hydrotechnical, constructional, agrotechnical,
forestry, veterinary, ichthyological, and other types
of expert examinations.
Naturally, the specific type of expert examination
depends on the questions posed to the experts, and
different materials from the investigation or
physical evidence will be required. In such
instances, interrogation protocols of process
participants may play a crucial role.
RESEARCH ARTICLE
Open Access
Abstract
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According to Article 68(1) of the Criminal
Procedure Code (CPC), an expert is entitled to
participate
in
interrogations
and
other
investigative actions with the investigator's
permission and ask the interrogated person
questions relevant to the subject of the expertise.
Additionally, as per Article 179 of the CPC, the
accused has the right to be present during the
expert examination, with the investigator's
permission, and provide explanations to the expert.
This legal provision reflects the procedural activity
of the expert, and in certain cases, it implies the
expert's participation in the interrogation of the
accused (or suspect), as their explanations during
the investigation may be essential for ensuring the
objectivity and reliability of the expert's findings.
These explanations can be included directly in the
expert report (for example, when the accused
provides information about their living conditions
and health status during an outpatient forensic
psychiatric examination) or recorded in
corresponding procedural documents, most
commonly interrogation protocols.
However, the current CPC does not grant the victim
a similar right, although the investigator is not
precluded from interrogating the victim with the
participation of an expert.
According to Article 78 of the CPC, an expert is
prohibited from participating in the investigation
(including interrogations) if they have previously
been involved in the case as a specialist, except in
cases where a forensic medical expert has
participated in the external examination of a div.
During investigative actions, investigators receive
information from a wide range of knowledge fields,
often interviewing individuals from various
professions, including those directly related to the
case.
For
instance,
in
cases
involving
environmental pollution due to negligence by
company executives, investigators may need to
delve into the specifics of industrial processes and
technologies. In such cases, the assistance of
specialists often becomes indispensable.
In accordance with Article 69 of the CPC, a
specialist, when involved in investigative actions,
uses their knowledge and skills to assist the
investigator in detecting, securing, and seizing
evidence, as well as providing insights into the
circumstances related to the evidence. The
specialist is an individual with specific knowledge
and skills, invited by the investigator to participate
in investigative actions and assist in the detection,
securing, and seizure of evidence. While
participating, the specialist may also offer
recommendations
regarding
investigative
theories, necessary actions, appropriate technical
tools, and which types of expert examinations or
documents should be requested.
The range of specialized knowledge and skills used
in procedural evidence is extraordinarily broad,
encompassing fields such as medicine, pedagogy,
chemistry, physics, biology, and more. In practice,
specialists like forensic experts, psychologists,
environmentalists,
safety
engineers,
and
accountants are frequently invited to participate in
interrogations and other investigative activities.
It is also worth noting that investigators often seek
specialists' help to ensure the proper use of audio
and video recording during interrogations (Article
91 of the CPC).
When supervising compliance with procedural
norms related to the participation of specialists in
investigative actions, the prosecutor should bear in
mind that, under Article 78 of the CPC, specialists
are prohibited from participating in the case under
the same conditions as experts. These conditions
include
general
grounds
that
preclude
participation in legal proceedings (Article 76 of the
CPC), as well as specific circumstances, such as a
specialist being in a position of dependency
(official or otherwise) on the accused, victim, civil
plaintiff, or civil defendant, or having participated
in an audit whose materials served as the basis for
initiating the case, or being found incompetent in
their field.
It is also important to note that the law explicitly
states (Part 4, Article 78 of the Criminal Procedure
Code (CPC)) that prior participation in the case as
a specialist does not constitute grounds for their
disqualification.
The role of a specialist and an expert in
investigative actions differs in both form and
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substance. These distinctions arise from the
broader procedural powers granted to experts in
understanding
case-relevant
circumstances
compared to specialists. However, specialists are
still considered significant procedural figures. This
is evident from the fact that, under Articles 376-
378 of the CPC, the defense counsel of the accused
has the right to challenge a specialist and question
them during subsequent investigative actions.
Furthermore, Article 92 stipulates that a specialist
must sign the protocol of the investigative action in
which they participated.
Current criminal procedure law allows for the
participation of specialists and experts during
interrogations, and specifically highlights the
possibility of involving an educator (Article 121 of
the CPC) from the relevant pool of experts. A
specialist, actively participating in interrogations,
provides invaluable assistance to the investigator
in clarifying matters directly related to the
circumstances of the crime and suggesting
methods for verifying obtained evidence.
The effectiveness of interrogating minors with the
participation of an educator is a testament to this.
Educators, with their knowledge and experience in
understanding
child
psychology,
including
perception nuances, assist investigators in
obtaining reliable testimony from children.
Regarding the participation of an expert in
interrogations, it should be noted that the cognitive
focus of such interrogations is relatively limited. It
is primarily aimed at clarifying issues related to the
preparation and conduct of a specific forensic
examination and does not aim to enhance the
objectivity or reliability of the testimony itself.
The prosecutor must ensure that the legal
guarantees for the reliability of testimony from
minors are upheld, particularly in cases where the
interrogated individual is under the age of 14. In
such cases, an educator, legal representatives, or
relatives must be present (Article 121 of the CPC).
The legislator, in this instance, takes into account
the psychological peculiarities of children's
perceptions and the need to establish rapport with
adolescents. Summoning and interrogating minors
is usually conducted through their parents or legal
representatives. Article 121 of the CPC grants the
educator the right, with the investigator's
permission, to ask questions of a minor witness. If
the investigator dismisses a question, they are
required to make a corresponding note in the
interrogation protocol.
When interrogating a minor defendant (under the
age of 16), an educator may participate at the
discretion of the investigator or prosecutor, or at
the request of the defense. Participation of an
educator is also possible in interrogations of
minors over 16 years old if they have been
recognized as mentally challenged. Before the
interrogation, the investigator must explain the
rights of the educator, and this must be recorded in
the interrogation protocol. The educator is entitled
to ask questions of the defendant, with the
investigator's permission, and at the end of the
interrogation, they may review the protocol and
make written comments regarding the accuracy
and completeness of the recorded information.
The participation of an interpreter is one of the
most crucial procedural guarantees of individual
rights in criminal proceedings. According to Article
20 of the CPC, individuals involved in the case who
do not speak the language of the proceedings are
entitled to make statements, provide testimony,
submit petitions, review case materials, speak in
court in their native language, and use the services
of an interpreter. Investigative and judicial
documents are provided to the accused in their
native language or another language they
understand.
Unlike a specialist, an interpreter assists not only
the investigator but also other participants in the
case who are legally entitled to use the
interpreter's services. The investigator, even if
proficient in the necessary languages, cannot
perform the functions of an interpreter.
The regulation of interpreter participation in pre-
trial investigations is outlined in Articles 20, 71, 72,
and 99 of the CPC.
The prosecutor must bear in mind that the
presence of a third party during interrogation can
often hinder the establishment of a psychological
connection between the investigator and the
interviewee, as well as the use of psychological
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techniques
based
on
verbal
interaction.
Additionally, there have been instances where
dishonest interpreters have deliberately distorted
translations in favor of the interviewee.
To prevent such occurrences, audio and video
recording should be used during interrogations
involving interpreters. Video recording, in
particular, is crucial when interrogating
individuals who are deaf or mute.
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