AN EXPERT IMMUNITY IN CRIMINAL PROCEEDING DURING THE INQUIRY PROCESS IN THE COURT

Abstract

This scientific work outlines the essence of experts` immunity in criminal proceeding during the process of inquiry in the court. Herein the subject of the experts` inquiry in the court is analyzed, in particular, related to the procedure of the expertise performance and complement of the content of the previously made by the expert  conclusion. The scientific work also present the question, which may be given to the expert during the inquiry in the court. Basing on the requirement of the art. 356 of the Criminal Procedural Code of Ukraine on the questions, which may be asked during the inquiry, taking into account the amendments the art. 65. There were established that expert enjoy the immunity from giving testimonies referred to the detalization of expert finding, in simple words – bringing to the attention of the person making a question the content of the findings in such way to fully convey the essence of his scientific, technical and other special knowledge. Here is emphasized that the immunity of the expert in criminal proceeding during the inquiry in the court is set of norms, which provide the realization of the expert`s rights to refuse from giving testimony in cases established by criminal procedural legislation. Moreover, the immunity during the inquiry in court is defined to be realized in accordance with art. 18 of the Criminal Procedural Code of Ukraine (as freedom from self-revelation and also in the right to refuse from giving testimony from close relatives and members of a family) and part 3, art. 365 of the Criminal Procedural Code of Ukraine (concerning the determined list of questions for the experts` inquiry) and in perspective when the amendments to art. 65 the Criminal Procedural Code of Ukraine enter into force (on the right not to explain the expert`s finding).

Key words: inquiry; criminal proceedings; immunity of an expert; subject of an expert inquiry.