Home / Tax and related legislation / Criminal Procedural Code of the Russian Federation / Criminal Procedural Code of the Russian Federation. Part 2. / Section 8. Preliminary investigation. / Chapter 27. Forensic examination (Articles 195-207)
Article 195. Procedure for appointing a forensic examination
1. Having recognized the necessity of ordering a forensic examination, the investigator makes a decision on this, and in the cases provided for in paragraph 3 of part two of Article 29 of this Code, initiates a petition before the court, which indicates:
1) the grounds for ordering a forensic examination;
2) last name, first name and patronymic of the expert or the name of the expert institution in which the forensic examination should be carried out;
3) questions posed to the expert;
4) materials made available to the expert.
2. Forensic examination is carried out by state forensic experts and other experts from among persons with special knowledge.
3. The investigator familiarizes the suspect, the accused, his defense attorney, the victim, his representative with the decision to order a forensic examination and explains to them the rights provided for in Article 198 of this Code. A protocol on this is drawn up, signed by the investigator and persons who are familiar with the decision.
4. A forensic examination in relation to a victim, except for the cases provided for in paragraphs 2, 4 and 5 of Article 196 of this Code, as well as in relation to a witness, is carried out with their consent or the consent of their legal representatives, which is given by these persons in writing. A forensic examination may be ordered and carried out before the initiation of a criminal case.
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Appointment of examination
- part 1 195 of the Code of Criminal Procedure
the examination is ordered by the investigator
- part 1 195 of the Code of Criminal Procedure
When examining in a hospital, court permission is required
- Part 4 195 Code of Criminal Procedure
the examination may take place before the initiation of the case
Resolution on appointment of examination
- Clause 1 Part 1 195 Code of Criminal Procedure
the grounds for ordering a forensic examination are indicated
- clause 2 part 1 195 Code of Criminal Procedure
indicate the full name of the expert or the name of the institution
— clause 3, part 1, 195 Code of Criminal Procedure
the questions posed to the expert are indicated
— clause 4 part 1 195 Code of Criminal Procedure
the materials provided to the expert are indicated
Who performs the examination
- Part 2 195 Code of Criminal Procedure
examination is carried out by state forensic experts
- Part 2 195 Code of Criminal Procedure
the examination is carried out by other experts
Familiarization with the decision on appointment
- Part 3 195 Code of Criminal Procedure
the investigator explains the rights provided for in
198 Code of Criminal Procedure
- Part 3 of 195 Code of Criminal Procedure
introduces the decision of the accused
- Part 3 195 Code of Criminal Procedure
introduces the defender's decision
- Part 3 195 Code of Criminal Procedure
introduces the victim's decision
- Part 3 195 Code of Criminal Procedure
a protocol on familiarization is drawn up
Voluntary nature of the examination
- Part 4 195 Code of Criminal Procedure
written consent of the victim, witness is required
- Part 4 195 Code of Criminal Procedure
voluntary examination of the victim
- Part 4 195 Code of Criminal Procedure
voluntary examination of a witness
Plenum of the Supreme Court
Plenum
from 12/21/2010 N 28 appointment of examination at the judicial stage
Typical violation
Familiarization with the resolution
after the examination, the significance of the violation
Article 195 of the Code of Criminal Procedure. The procedure for appointing a forensic examination
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- Part 2 159 Code of Criminal Procedure
a request for an examination cannot be refused
— clause 1
Plenum No. 28 examination is carried out when research is required
1) Having recognized the necessity of ordering a forensic examination,
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- clause 3.1
Plenum No. 1, refusal to order an examination cannot be appealed under
Article 125 of the Code of Criminal Procedure
- the investigator makes a decision on this,
- and in cases provided for in paragraph 3 of Part 2 of 29 of the Code of Criminal Procedure, initiates a petition before the court,
which indicates:
1). grounds for ordering a forensic examination;
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— clause 2 part 1 198 Code of Criminal Procedure
the right to challenge an expert
— clause 3
Plenum No. 28 upon application are required to provide full name. expert
2). last name, first name and patronymic of the expert,
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— clause 3
Plenum No. 28, the name of the institution is required in the resolution
or the name of the expert institution in which the forensic examination should be carried out;
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- clause 4 part 1 198 Code of Criminal Procedure
Parties may submit additional questions
— clause 4
Plenum No. 28, legal questions cannot be asked of an expert
I). Questions outside the scope of the expert are prohibited
No questions asked
outside the expert's area of expertise
II). Legal questions are prohibited
No questions asked
of a legal nature, the expert does not have the right to answer them
3). questions posed to the expert;
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Materials
— clause 2, part 3 57 Code of Criminal Procedure
the expert's right to request additional materials
— clause 4 part 1 195 Code of Criminal Procedure
the materials provided to the expert are indicated
- part 1 199 of the Code of Criminal Procedure
the investigator sends the decision and materials
Insufficient materials
(from the BOOK “
Methodology according to 264 CC
”)
Insufficient materials
for the expert - the examination is unreasonable
rights
to collect additional materials
Self-collection
materials - prohibited (
clause 2, part 3 57
and
clause 2, part 4 57 of the Code of Criminal Procedure
)
4). materials made available to the expert.
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- P.5
Plenum No. 28 on another territory, not to a state institution, to another person
2) Forensic examination is carried out:
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— clause 2
Plenum No. 28 state expert institutions
- state forensic experts;
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— clause 2
Plenum No. 28 other (non-state) experts
— clause 3
Plenum No. 28 non-state examination, documents are requested
- and other experts from among those with special knowledge.
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— clause 9
Plenum No. 28 familiarization before the examination
Typical violation
Familiarization with the resolution
after the examination, the significance of the violation
3) The investigator introduces
the decision to order a forensic examination and explains the rights provided for in 198 Code of Criminal Procedure:
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- Part 1 198 Code of Criminal Procedure
rights of the parties when ordering an examination
- suspect, accused,
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— clause 4, part 3, 49 Code of Criminal Procedure
a defense attorney is required from the moment of the psychiatric examination
- his protector,
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- clause 11 part 2 42 Code of Criminal Procedure
the right of the victim to become familiar with the decision
— clause 8
Plenum No. 28 has the right to get acquainted with the resolution on the examination
- the victim, his representative,
A protocol on this is drawn up, signed by the investigator and persons who are familiar with the decision.
4) Forensic examination is carried out with the consent (or consent
of legal representatives), which is given by these persons in writing in relation to:
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- clause 4, part 5 42 Code of Criminal Procedure
the victim has no right to evade the examination
- Part 7 42 Code of Criminal Procedure
responsibility of the victim for evading the examination
— clause 7
Plenum No. 28 requires the consent of the victim (general rule)
- the victim, with the exception of cases provided for in paragraph 2, paragraph 4, paragraph 5 of 196 Code of Criminal Procedure,
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- Part 5 56 Code of Criminal Procedure
the witness has the right to refuse the examination (except for
Part 1 179 of the Code of Criminal Procedure
)
— clause 7
Plenum No. 28 requires the consent of the witness (general rule)
— clause 8
Plenum No. 28 The rights of a witness as a victim
— as well as in relation to the witness.
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- part 1 144 of the Code of Criminal Procedure
examination is possible before the initiation of a case
A forensic examination may be ordered and carried out before the initiation of a criminal case.
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Article 196. Mandatory appointment of a forensic examination
The appointment and conduct of a forensic examination is mandatory if it is necessary to establish:
1) causes of death;
2) the nature and degree of harm caused to health;
3) the mental or physical state of the suspect, accused, when doubt arises about his sanity or ability to independently defend his rights and legitimate interests in criminal proceedings;
3.1) the mental state of a suspect accused of committing, at the age of over eighteen, a crime against the sexual integrity of a minor under the age of fourteen, to resolve the issue of the presence or absence of a disorder of sexual preference (pedophilia);
3.2) the mental or physical state of the suspect, accused, when there is reason to believe that he is a drug addict;
4) the mental or physical state of the victim, when doubt arises about his ability to correctly perceive the circumstances relevant to the criminal case and give evidence;
5) the age of the suspect, accused, victim, when this is important for the criminal case, and documents confirming his age are missing or are in doubt.
Article 199. The procedure for sending materials of a criminal case for forensic examination
1. When conducting a forensic examination in an expert institution, the investigator sends to the head of the relevant expert institution a resolution on the appointment of a forensic examination and the materials necessary for its production.
2. The head of the expert institution, after receiving the decision, entrusts the execution of the forensic examination to a specific expert or several experts from among the employees of this institution and notifies the investigator about this. In this case, the head of the expert institution, with the exception of the head of the state forensic institution, explains to the expert his rights and responsibilities provided for in Article 57 of this Code.
3. The head of the expert institution has the right to return without execution the decision on the appointment of a forensic examination and the materials submitted for its production, if this institution does not have an expert of a specific specialty or special conditions for conducting research, indicating the reasons for which the return is made.
4. If a forensic examination is carried out outside an expert institution, then the investigator hands the decision and the necessary materials to the expert and explains to him the rights and responsibilities provided for in Article 57 of this Code.
5. The expert has the right to return the decision without execution if the presented materials are not enough to conduct a forensic examination or he believes that he does not have sufficient knowledge to conduct it.
Commentary on Article 195 of the Code of Criminal Procedure of the Russian Federation
1. On the concept of expertise, see com. to paragraph 49 of Art. 5.
Expertise as the main form of use of special knowledge must be distinguished from other forms: 1) the use of special knowledge by the investigator himself, for example, when removing traces during investigative actions; 2) assistance from a specialist (Article 58 of the Code of Criminal Procedure), which, in turn, may consist of: a) assistance in the detection, securing and seizure of objects and documents, the use of technical means in the study of case materials. Such actions are not independent research and are carried out as part of other investigative actions; b) assistance in asking questions to the expert. This activity constitutes an element of the purpose of the examination, being its preparatory stage; c) giving explanations on special issues in the form of testimony or written opinions; 3) use of the results of so-called non-procedural special studies (acts of departmental examinations, for example, commodity examinations; audits, audits, calculation of the cost of repairing a damaged car, etc.). All such studies take place outside the criminal procedural form, and their results are attached to the case as other documents (Article 84 of the Code of Criminal Procedure). Such studies, unlike examinations, are not provided with procedural conditions and guarantees, therefore, after the initiation of a criminal case, a forensic examination can, and in some cases should, be appointed instead.
Such other documents and written conclusions of a specialist should be distinguished from special studies conducted before the initiation of a criminal case, mainly on the instructions of the operational investigative units of the investigative bodies (so-called express studies), for example, to determine whether the seized item belongs to a bladed weapon, substance - to drugs, etc. Such studies are usually carried out by staff members of the forensic departments of the investigative bodies. In our opinion, such studies are classified as operational-search activities (“research of objects and documents” - clause 5, part 1, article 6 of the Federal Law “On operational-search activities”), the results of which cannot in themselves be considered evidence even in the form of other documents. After all, recognizing their evidentiary value means agreeing to conduct examinations in person before initiating a criminal case, which would devalue the legal ban on this type of investigative actions here. The significance of such express research is only to establish the grounds for initiating (or refusing to institute) a criminal case. They cannot be considered as expert opinions (Part 3 of Article 80 of the Code of Criminal Procedure), because according to the direct instructions of Part 1 of Art. 58 of the Code of Criminal Procedure, a specialist is a person involved in participation only in procedural, i.e. actions provided for by the criminal procedural law, and express research is unknown to him. This conclusion is also true for the so-called acts of forensic medical examinations, which were previously usually carried out before the initiation of relevant criminal cases on behalf of the preliminary investigation authorities. The only source of regulation for such “examinations” was Order of the USSR Ministry of Health dated December 11, 1978 N 1208 “On the introduction into practice of the all-Union Rules for the forensic medical determination of the severity of bodily injuries.” It should, however, be taken into account that on August 17, 2007, the Decree of the Government of the Russian Federation approved new Rules for determining the severity of harm caused to human health, which do not provide for such an action. In addition, it should be taken into account that criminal procedural relations cannot be regulated by by-laws. These acts cannot be considered the results of non-procedural departmental research, which, as stated above, can be accepted in the process as other documents, since objectively, being appointed not separately from the criminal process, but at the request of the preliminary investigation authorities, they actually duplicate the conclusions of the court -medical experts.
When applying the norms of Chapter 27 of the Code of Criminal Procedure of the Russian Federation, it is necessary to take into account the Federal Law of May 31, 2001 N 73-FZ “On State Forensic Expert Activities in the Russian Federation,” which is subject to application to the extent that does not contradict the Code of Criminal Procedure.
2. An examination is an investigative action, therefore it is subject to the general rules for conducting investigative actions. See com. to Art. 164. The basis for ordering an examination is the need to establish facts using an expert’s opinion - a special source of evidence. The issue of this necessity is decided by the entity conducting the proceedings. However, in some cases, the appointment of an examination is mandatory. See com. to Art. 196. Special conditions for ordering an examination are the sufficiency of objects for research, the availability of scientifically based expert methodology on the subject and, as a general rule, the consent of the witness and the victim to their examination.
3. Part 1 com. The article imposes special requirements on the content of the resolution on the appointment of an examination (its motivation). In this case, special attention should be paid to the following points: a) the questions posed to the expert must fully cover the fact being established, have an unambiguous wording and do not go beyond the expert’s special knowledge. To do this, it is useful to familiarize yourself with the methodological recommendations for this type of examination and get advice from the expert or specialist himself (Part 1 of Article 58 of the Code of Criminal Procedure); b) the resolution must indicate the individual characteristics of the objects of examination and their packaging in order to eliminate doubt about the authenticity of the objects; c) if the examination is carried out outside an expert institution (Part 5 of Article 199 of the Code of Criminal Procedure), then the investigator first establishes the competence of the expert and the absence of grounds for his challenge, which is also reflected in the case materials and in the decision on the appointment of the examination.
4. A state forensic expert is a certified employee of a state forensic institution who carries out a forensic examination in the performance of his official duties (Article 12 of the Federal Law “On State Forensic Expert Activities.”). For information about forensic institutions, see com. to clause 60 art. 5. An expert examination in a criminal case may also be entrusted to “another expert from among persons with special knowledge.” This can be a “private” expert (an employee of a non-state expert institution, a specialist with an appropriate license) or any other individual who has the necessary knowledge. At the same time, the state forensic expert does not have the right to carry out forensic expert activities as a non-state expert, accept orders to conduct a forensic examination directly from any bodies or persons, with the exception of the head of the state forensic expert institution (Article 16 of the Federal Law “On State Forensic Expertise”). expert activity."). Forensic psychiatric examinations are permitted only in state forensic institutions falling under the jurisdiction of the federal executive body (Part 5, Article 11 of the Federal Law “On State Forensic Expert Activities.”).
5. The decision to order an examination must be familiarized with: a) each suspect and accused in this case and their defense attorneys. Familiarization with the decision must take place even when the examination was carried out before the appearance of the suspect and accused in the case. For information on the rights of these persons upon review, see com. to Art. 198; b) the victim and his representatives (For more information, see Part 2 of Article 198 of the Code of Criminal Procedure); c) a civil plaintiff, a civil defendant and their representatives, if the examination was ordered at their request (clause 10, part 4, article 44; part 2, article 159 of the Code of Criminal Procedure); d) a lawyer and legal representatives of the witness, if the examination is carried out in relation to him. Familiarization with the resolution on the appointment of an examination involves some study of the objects of the examination, as well as data indicating the proper qualifications of the expert <1>.
——————————— <1> See: Determination of the Constitutional Court of the Russian Federation of December 18, 2003 N 429-O.
6. The commented article does not directly provide for the possibility of forced expert examination of a witness. However, it competes with the content of Part 5 of Art. 56 of the Code of Criminal Procedure, which provides for the compulsory examination of a witness in cases where it is necessary to assess the reliability of his testimony (Part 1 of Article 179 of the Code of Criminal Procedure). A comparison of these norms and the absence of special instructions on forced examination of the victim (Article 42 of the Code of Criminal Procedure) lead to the conclusion that the norm of Part 5 of Art. 56 of the Code of Criminal Procedure as special. At the same time, to assess the reliability of a witness’s testimony, the appointment of an examination is optional (Article 196 of the Code of Criminal Procedure).
Article 200. Commission forensic examination
1. A commission forensic examination is carried out by at least two experts of the same specialty. The commission nature of the examination is determined by the investigator or the head of the expert institution entrusted with the conduct of the forensic examination.
2. If, based on the results of the research, the opinions of experts on the questions raised coincide, then they draw up a single conclusion. In case of disagreement, each of the experts who participated in the forensic examination gives a separate opinion on the issues that caused the disagreement.
Article 201. Comprehensive forensic examination
1. Forensic examination, which involves experts from various specialties, is complex.
2. The conclusion of experts participating in a comprehensive forensic examination indicates what research and to what extent each expert conducted, what facts he established and what conclusions he came to. Each expert who participated in the production of a comprehensive forensic examination signs that part of the report that contains a description of the research he conducted and bears responsibility for it.
Article 202. Obtaining samples for comparative research
1. The investigator has the right to obtain handwriting samples or other samples for comparative research from a suspect, accused, witness, victim, as well as in accordance with part one of Article 144 of this Code from other individuals and representatives of legal entities in cases where there is a need to check whether they left traces in a certain place or on physical evidence, and draw up a protocol in accordance with Articles 166 and 167 of this Code, with the exception of the requirement for the participation of witnesses. Obtaining samples for comparative research can be done before initiating a criminal case.
2. When obtaining samples for comparative research, methods that are dangerous to human life and health or humiliating his honor and dignity should not be used.
3. The investigator makes a decision on obtaining samples for comparative research. If necessary, samples are obtained with the participation of specialists.
4. If obtaining samples for comparative research is part of a forensic examination, then it is carried out by an expert. In this case, the expert reflects information about the performance of this action in his conclusion.
What does judicial practice show under this article?
In judicial practice, dozens of examinations are used, which make it possible to convict a person guilty of a crime and acquit an innocent person. An example of the effectiveness of the examination would be the situation with the murder of a person. Footprints and pieces of fabric caught on tree branches were found at the scene. The investigator issued a resolution to conduct two examinations.
One of them, forensic, made it possible to clearly determine the shoe print, its size and estimated weight, and the height of the person who left it. The examination of the fibers made it possible to establish that the fabric particles belonged to a specific product, to establish the method of its manufacture, and also to find out the causes and nature of damage to the original product that could have remained with the criminal.
The study made it possible to establish that at the scene of the crime there was a tall, obese man, since the size of the leg was large and had a strong imprint, which remains only when a person is of large build. In addition, one mark was harder than the other, indicating that the suspect was limping. There weren’t many lame people around the deceased man; the evidence immediately pointed to his brother. A torn jacket was found in the lame brother's home, pieces of which were found at the scene. The man was charged and prosecuted under Article 105 of the Criminal Code of the Russian Federation.
What decisions are most often made under Article 195 of the Code of Criminal Procedure?
The procedure for appointing an examination is regulated by the Code of Criminal Procedure of the Russian Federation; the legislator himself decides which type of examination is necessary depending on the category of the case and the trial.
Based on the nature of forensic examination, research is divided into the following types:
- primary – carried out for the first time;
- additional – carried out if there is a need to examine additional materials;
- repeated – carried out if doubts remain after the initial examination;
- commission - made by a group of experts with expert qualifications in one field;
- comprehensive - carried out using persons with knowledge in various fields.
Each study has its own characteristics and is prescribed under certain circumstances. The examination carried out can be considered evidence if it is carried out clearly within the specified period, meets the requirements of the production or the established procedure for implementation. In other cases, the results of the research obtained will not be taken into account, even if they contain irrefutable facts.
If the examination was carried out at the written request of one of the parties, it will be considered evidence only after examination by the court and inclusion in the case materials as part of the proceedings.
Circumstances that may cause the examination to be invalid
The results of the examination are documented in a special protocol. This protocol must contain mandatory points regarding which particular object was studied, the date and time of the experiment, the questions posed to the specialist and the answers to them. It is also necessary to indicate the expert’s personal data and range of specialization. If the protocol is not drawn up correctly, the court will not take into account the expert assessment.
The examination will also be declared invalid if the expert went beyond the limits of his competence, took the initiative in an improper procedural form, independently collected materials for research (they must be provided by the investigator), drew conclusions based on the case materials and not the research, and was in constant contact with interested parties. . All this suggests that the expert did not behave as the Criminal Procedure Code told him to; accordingly, he will be excommunicated from the investigation and a re-examination will be carried out.
During the rapid development of technical and innovative processes, the activities of experts have become incredibly popular and are used much more often than in Soviet times. Methods for investigating crimes are becoming more and more diverse, but the effectiveness of new methods cannot be denied. Expertise has become a vital component of successfully solving criminal cases; sometimes they can even save a person from imprisonment (if declared insane) and acquit a person against whom serious evidence has been collected.
Article 205. Interrogation of an expert
1. The investigator has the right, on his own initiative or at the request of the persons specified in part one of Article 206 of this Code, to interrogate an expert to clarify his conclusion. Questioning an expert before presenting his/her conclusion is not permitted.
2. An expert cannot be questioned regarding information that has become known to him in connection with the conduct of a forensic examination, if it does not relate to the subject of this forensic examination.
3. The protocol of interrogation of the expert is drawn up in accordance with Articles 166 and 167 of this Code.
What is the article of the Code of Criminal Procedure about?
Forensic examination consists of a detailed study of specific objects or processes, as a result of which information will be obtained that will allow the court or investigation to establish reliable facts and circumstances of the commission of a crime. The Code of Criminal Procedure allows state specialized institutions and private forensic experts to carry out such a procedure as an examination, but only on the condition that their conduct does not run counter to the law.
The basis for ordering an examination is considered by the Code of Criminal Procedure to be a procedural document - a resolution drawn up by an authorized person. Expertise is required in all types of proceedings, including criminal proceedings, administrative offenses, civil suits, and even commercial proceedings.
All activities carried out during the examination process are clearly documented in the protocol and, ultimately, sent by mail to all participants in the process, if this is a business claim. In the case of criminal proceedings, the research results are sent in one copy to the body that appointed the examination, without familiarization with the parties.
An expert's opinion is a special type of evidence that is of great value for the trial and establishing the truth. However, not all results obtained during the study can acquire legal force and serve as evidence. If the examination was carried out in violation of procedural requirements and established laws, then it may be declared invalid in court, and the results do not acquire procedural status.
Basic provisions
The concept of forensic examination is defined by the Code of Criminal Procedure on the basis of two components - special and legal. The purpose of a forensic examination is to obtain new factual data that is important for the correct resolution of the case.
Like any legal term, “expertise” has its own characteristics:
- application of a special category of knowledge in the form of research of a specific object or subject;
- implementation of the procedure by a special subject - an expert, exclusively on behalf of a judge or investigative body;
- compliance with a special procedural form.
When conducting a forensic examination, the expert is independent. It is not allowed to influence an expert in order to obtain an opinion in favor of any of the participants in the process. The procedural position of experts is the same regardless of whether the person is in the service of an expert institution or not.
The expert is presented with questions in a clearly approved form to which he must answer. These issues may be legal or technical in nature. For example, it is necessary to find out how the requirements ensuring safe work on a construction site were violated.
It is important to note that the fact established by the expert is not part of the crime, but is only part of the investigation. The investigator is responsible for providing case materials that are relevant to the examination. The time period for conducting the examination is not limited. Investigation materials that are included in the examination must be intact and intact and not subject to change.
Mandatory appointment of an expert examination in criminal proceedings and its types according to the Code of Criminal Procedure of the Russian Federation, Article 196
An expert, like any procedural person, can be removed from conducting research if he shows a personal interest in the case or his competence in the issue at hand is low. That is why the choice of an expert is a very important stage of the investigative process.
Research should be entrusted only to those persons who have certain knowledge and skills. First of all, investigation issues are entrusted to state expert institutions. If there is no relevant specialist there or the organization is located at a considerable distance, which can significantly affect the timing of the pre-trial investigation, private, that is, independent experts, can be involved.
Resolution on appointment of examination
According to the Code of Criminal Procedure, the examination ends with the creation of a research protocol that displays the results. It is this document that is of greatest importance to the court. However, no conclusion will be valid unless a judge or other authorized person has issued an order to carry it out.
This procedural document consists of three parts:
- Introductory - this part indicates the time of drawing up the resolution (day, month and year), the position of the person who issued the document, special rank, surname and initials. It is also important in this part to indicate the number of the criminal case on which the decision is made.
- Descriptive - this part sets out the circumstances of the case that are directly related to the subject of the examination. The immediate tasks for the expert are indicated, as well as the grounds for carrying out this investigative measure.
- The final part - indicate the expert institution or specific person who is assigned to conduct the research, and also make a list of the case materials and objects under consideration.
Separately, I would like to note the tasks and questions that the expert must find a solution to. The legislator puts forward special requirements for them. First of all, questions must fall within the competence of the expert; it is unacceptable to assign tasks to the specialist that require a legal education. All tasks must follow directly from the case materials, be clear and specific.
It is very important to comply with these requirements, because an incorrectly drawn up decision to conduct an examination can lead to the recognition of the examination itself, and the information obtained during it, as unreliable evidence.
Article 207. Additional and repeated forensic examinations
1. If the expert’s conclusion is insufficiently clear or complete, as well as if new questions arise regarding the previously investigated circumstances of the criminal case, an additional forensic examination may be ordered, the production of which is entrusted to the same or another expert.
2. In cases where doubts arise about the validity of the expert’s conclusion or there are contradictions in the conclusions of the expert or experts on the same issues, a repeat examination may be ordered, the production of which is entrusted to another expert.
3. Additional and repeated forensic examinations are appointed and carried out in accordance with Articles 195 - 205 of this Code.
