Expertise in investigation and court processes

General information on the legal status of an expert. The expert conclusion of any speciality - the kind of evidence in the investigative and judicial processes, along with the testimony of witnesses, victim, suspect, accused, and physical evidence, the records of investigative and judicial actions and other documents (article 69 of the Criminal procedure code of the RSFSR and the relevant articles of the operating criminal-procedural codes of the Union republics). Expertise is appointed by the decisions of bodies of inquiry and investigation and the court, when it is necessary to use special knowledge in science, engineering, art, or profession (article 78 of the code of criminal procedure of the RSFSR).
The rights, obligations, terms and forms of responsibility at all for experts, and hence the experts-doctors provided for in the existing criminal procedure, criminal, civil procedure and civil codes. In the decision or ruling is sent by inquiry bodies, investigators or court expert institution or a specific expert, of the grounds for appointment of expert examination, the questions put to resolve, and provide the materials (articles 187, 189 of the code of criminal procedure of the RSFSR).
There are conditions under which the expert is disqualification from participation in the case, namely, when he personally, directly or indirectly, is interested in it (article 23 of the code of criminal procedure of the RSFSR); was or is in a service or other dependence of the accused, victim, civil plaintiff or defendant; made the revision, which served as the basis for initiation of the criminal case; demonstrated her incompetence (article 67 of the code of criminal procedure of the RSFSR). For clarification to the expert his rights and duties, he shall be warned (article 275 of the code of criminal procedure of the RSFSR) about criminal responsibility for false imprisonment for refusing the issue of a conclusion (articles 181 and 182 of the Criminal code of the RSFSR). In addition, the expert shall bear criminal liability for disclosure of the data of the preliminary investigation or inquiry (article 184 of the criminal code of the RSFSR).
Expert has the right to study the materials of the case relating to produce examination, request the necessary supplementary materials, to attend the interrogations and other investigative and judicial actions, to ask questions the interrogated in accordance with the subject of the examination (article 82 of the code of criminal procedure of the RSFSR); failure to provide required materials of the investigation and judicial bodies obliged to justify the reasons for the refusal. The expert shall give an objective opinion on the proposed issues. If they go beyond his special knowledge or the presented materials are insufficient for their resolution, the expert in writing informs on impossibility to draw the conclusion (articles 78 and 82 of the code of criminal procedure of the RSFSR). Such actions of the expert are not considered as refusal or evasion from fulfillment of obligations without good reasons.