ADMISSIBILITY OF A LAWYER'S SCIENTIFIC OPINION AS A SOURCE OF EVIDENCE ON CRIMINAL CASE

Abstract

The authors consider the practice of addressing, as a rule, the parties of the defense (witnesses, suspects, accused, defendants, their legal representatives, defense lawyers, civil defendants and their representatives) that have the right to protection, as well as the parties of the prosecution (victims, their representatives and legal representatives, civil plaintiffs and their representatives) to highly qualified lawyers (practitioners, researchers, teachers) as specialists for the preparation of a scientific opinion. The subject of such a conclusion are gaps, debatable, controversial issues related to the application of the norms of laws in a particular criminal case. On the basis of a comprehensive analysis of the criminal procedural legislation and the theoretical principles of the interpretation of the norms of the law, the authors examine the question of the admissibility of a scientific opinion of a lawyer as an independent source of evidence. The authors believe that within the framework of a criminal case, the results of the doctrinal interpretation of legal norms by an uninterested lawyer-consultant with the appropriate scientific qualifications, the criminal prosecution body or the court can attach to the case file only as reference and information material as an annex to the legal assistance agreement, protocol , solicitation. But the material is not legally binding because it comes from a private individual who is not a party to the process.