A Comparative Analysis of the Legal Status of a Person with Special Knowledge under the Statute of Criminal Procedure of 1864 and the Criminal Procedure Code of the Russian Federation

Historically, experts and specialists are people possessing specialized knowledge, they are participants of criminal proceedings who, in the process of their work, produce such sources of evidence as verdicts and testimonies of experts and specialists. One of the historical legal documents that had a considerable influence on the development of the modern institute of expertise and the status of an expert as a participant of criminal proceedings is the Statute of Criminal Procedure of 1864. The author conducts a consecutive analysis of the Statute of Criminal Procedure norms and the norms of the Criminal Procedure Code of the Russian Federation with the goal of establishing the degree of continuity of the current legislation. The author concludes that the work of pre-revolutionary legislators in creating the norms of the Statute was of high quality, the clauses on the legal status of a knowledgeable person are thoroughly developed, which undoubtedly had an impact on the formation of the modern institute of using specialist knowledge in criminal proceedings.

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Publication Details

Journal
Siberian Criminal Process and Criminalistic Readings
Published
2024-10-16
DOI
https://doi.org/10.17150/2411-6122.2024.3.59-68
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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A Comparative Analysis of the Legal Status of a Person with Special Knowledge under the Statute of Criminal Procedure of 1864 and the Criminal Procedure Code of the Russian Federation

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Siberian Criminal Process and Criminalistic Readings
Legal and Policy Issues
article

A Comparative Analysis of the Legal Status of a Person with Special Knowledge under the Statute of Criminal Procedure of 1864 and the Criminal Procedure Code of the Russian Federation

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Abstract

Historically, experts and specialists are people possessing specialized knowledge, they are participants of criminal proceedings who, in the process of their work, produce such sources of evidence as verdicts and testimonies of experts and specialists. One of the historical legal documents that had a considerable influence on the development of the modern institute of expertise and the status of an expert as a participant of criminal proceedings is the Statute of Criminal Procedure of 1864. The author conducts a consecutive analysis of the Statute of Criminal Procedure norms and the norms of the Criminal Procedure Code of the Russian Federation with the goal of establishing the degree of continuity of the current legislation. The author concludes that the work of pre-revolutionary legislators in creating the norms of the Statute was of high quality, the clauses on the legal status of a knowledgeable person are thoroughly developed, which undoubtedly had an impact on the formation of the modern institute of using specialist knowledge in criminal proceedings.

Siberian Criminal Process and Criminalistic Readings(3 (45))
Baikal State University (RU)
Openalex Percentile: Top 43%
Legal and Policy Issues
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