A criminal case has been opened against me for dealing in weapons that have not produced cartridges for more than 100 years, but the examination somehow proved that the weapon fires. This cannot be, because no one in the world produces cartridges for this pistol.
How to challenge the examination of old weapons in a criminal case?
solvedAnswers
Yaroslav Sikorsky
The opinion of the forensic expert is the result of the appraiser's practical activity on the issues raised and is not an act of a state or other body. Thus, it is procedurally impossible to appeal the results of the examination in criminal, economic, administrative or civil proceedings.
However, participants in the legal process can submit to the court objections to the expert's opinion on general grounds in written or oral form.
In addition, the procedural rules provide for the possibility of appointing an additional or repeated examination, if there are grounds for this.
Examination is additional if, in order to resolve questions regarding the object examined during the initial examination, it is necessary to conduct additional research or examine additional materials (samples for comparative research, raw data, etc.) that were not provided to the expert under the time of the initial examination.
Repeated is an examination, during which the same objects are examined and the same issues are resolved as during the initial (previous) examination (examinations).
13.07.2023 11:23