GENERAL PART
Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS
CHAPTER 10. OTHER PERSONS PARTICIPATING IN THE CRIMINAL PROCEEDINGS
Article 84. Specialist
1. Specialist is a person, personally disinterested in the criminal case, appointed by a body, conducting the criminal trial, for the facilitation in the proceedings of investigatory or other procedure actions with the utilization of special skills and knowledge of sciences, technology, arts, crafts. The specialist may be appointed from among the persons, offered by the participant of the trial.
2. The expert shall possess sufficient professional knowledge and skills.
3. A person specialized in legal issues is not involved in the criminal proceedings. The opinion expressed by the specialist can not replace the conclusion of the expert.
4. The expert has the following obligations:
1) to arrive by the summon of the body, conducting the criminal trial to show necessary assistance;
2) to submit documents certifying one's qualifications to the body conducting the criminal proceedings, investigative and ither proceedings;
3) to communicate, upon the demand of the body, conducting the criminal trial, and also the parties, information of his/her professional experience and the relations with the persons, participating in the proceedings of the respective criminal case;
4) to be present all throughout the duration of investigative and procedure actions, in the court room, and not to leave it without permission of the person in charge or the presiding judge;
5) to use one's professional skills and knowledge in the discovery and securing of items and documents, in the use of equipment, asking questions to the expert, assisting the investigation and the parties to the court session with one's explanation of issues within one's professional competence, and to explain one's actions;
6) to obey the lawful instructions of the prosecutor, the investigator, body of inquiry and the presiding person;
7) to keep order at the court sessions;
8) to certify with one's signature the correctness and completeness of records in protocols related to the content and results of his professional actions during the investigatory and procedure actions.
9) not to divulge, without the permission of the body, conducting the criminal trial, information, became known to him/her in connection with the participation in the investigatory action or during the closed session of the court
5. Failure to perform by the expert of his/her obligations produces responsibility, prescribed by the law.
6. The specialist has the right:
1) By permission of the investigative or procedural body, to familiarize oneself with the materials of the case and ask questions to the present persons;
2) to turn the attention of the present persons on the circumstances related to the discovery, securing and collection of items and documents, use of equipment, asking questions to the expert, and related to one's own professional competence.
3) to make comments on the discovery, securing and collection of items and documents, use of equipment, asking questions to the expert, and related to one's own professional competence, which are recorded in the protocol;
4) to acquaint himself/herself with the protocols of investigatory or other procedure action, in which he/she participated, and also, in the respective part, with the protocol of the court session and to make remarks, subject to entry in the protocol of court session, regarding the fullness and correctness of the record of his/her actions and oral conclusion;
5) to receive compensation of the expenses, incurred during the proceedings of the criminal case.
7. The specialist has also other rights and bears other obligations, prescribed by this Code.
Article 85. Expert
1. Expert is a person, personally disinterested in the criminal case, appointed, upon his/her consent, by a body, conducting the criminal trial, or upon its demand, by the head of expertise institution or invited by a party for the conduct of research of the materials of the case with the utilization of special knowledge in sciences, technology, arts, crafts and for drawing a conclusion on that basis. The expert may be appointed from among the persons, offered by the participant of the trial.
2. The expert shall possess sufficient special skills and knowledge of science, technology, arts or crafts.
3. A expert specialized in legal issues is not involved in the criminal proceedings.
4. The expert has the following obligations:
1) To submit to the body of investigation, documents certifying one's special qualifications;
2) To give grounded and objective answers to the suggested questions;
3) to refuse from expert assessment, if the suggested questions are beyond the scope of his knowledge, or if the submitted materials are not sufficient to answer to these questions, and to file a conclusion to that effect;
4) to give conclusion not only on the questions suggested, but also on circumstances within his competence which emerged during the expert assessment;
5) At the request of the investigative body, to submit the costs of the expert assessment and a report on expenses;
6) To appear at the summon of the investigative body, to answer the questions of the trial participants and explain the expert conclusion.
7) At the request of the criminal proceeding bodies and parties, to provide information about one's professional experience and relations with persons participating in the proceedings;
8) When particpating in investigative actions or proceeding, not to leave the venue of these actions without the permission of the person in charge, or the presiding judge;
9) to obey the lawful instructions of the prosecutor, the investigator, body of inquiry and the presiding person;
10) to observe order at the court session;;.
11) not to divulge, without the permission of the body, conducting the criminal trial, information, became known to him/her in connection with the participation in the investigatory action or during the closed-door session of the court.
5. Failure to perform the obligations by the specialist produces responsibility, prescribed by the law.
6. The specialist has a right:
1) To require from the body in charge the criminal proceedings, the necessary objects, samples and other materials for expert assessment;
2) By permission of the body in charge of the criminal proceedings, to to familiarize oneself with the case and write out, for the purposes of the expert assessment, necessary data, ask questions in order to perform one's duties properly, to the accused, the suspect, the injured, the witnesses, familiarize with materials related to the case and make notes;
3) To participate in investigatory and other proceedings as much as they relate to the subject of assessment and are necessary for the expert conclusion;
4) to turn the attention of the court and participants of trial to to those circumstances which are related to subject of the expert assessment and the formulation of questions suggested to the expert;
5) to acquaint himself/herself with the protocols of investigatory or other procedure action, in which he/she participated, and also, in the respective part, with the protocol of the court session and to make remarks, subject to entry in the protocol of court session, regarding the fullness and correctness of the record of the course, substance and the results of the actions, conducted with his/her participation;
6) to receive compensation of the expenses, incurred during the proceedings of the criminal case.
7. The specialist has also other rights and bears other obligations, prescribed by this Code.
Article 86. Witness
1. Witness is a person, summoned for giving evidences by the body, conducting the criminal trial, as a party, to which any circumstances might be known, subject to revealing upon the given case.
2. The following persons can not be summoned and interrogated in the capacity of the witnesses:
1) the persons, who in the force of physical or mental defects are not able to perceive correctly and reproduce the circumstances, subject to establishment upon the criminal case;
2) the lawyers, to ascertain any information, which might be known to them in connection with a request for legal assistance or by rendering it;
3) the persons, to whom the information, relevant to the given criminal case, became known in connection with the participation in the proceedings of the criminal case in the capacity of defense attorney, the representative of the injured, civil plaintiff, civil defendant;
4) the judge, the prosecutor, the investigator, the officer of the body of inquiry, and the secretary of the court session, in connection with the criminal case, in which they have exercised their procedure powers, with the exception of the cases of the investigation of the mistakes or abuses at the proceedings of that case, resumption of the proceedings of the case upon the newly revealed circumstances or the restoration of the lost proceedings;
5) the clergyman, on the information, which became known to him from the confession.
3. The witness has the following obligations:
1) to arrive upon the summons of the body, conducting the criminal trial, for giving evidences, participation in the investigatory and other procedure actions;
2) to give truthful evidences: to communicate everything known to him/her on the case and to answer to the issued questions; to verify upon his/her signature in the protocol of investigatory or other procedure action the correctness of the record of his/her evidences;
3) to present the items, documents, and also the samples for comparative examination upon the demand of the body, conducing the criminal trial;
4) to be subjected to examination upon the demand of the body, conducting the criminal trial;
5) to be subjected, upon the demand of the body, conducting criminal trial, to the medical expertise for the verification of the ability to perceive correctly and to reproduce the circumstances, subject to revealing in the criminal case, if substantial grounds are available to be suspicious in the availability of his/her such abilities.
6) to obey the lawful instructions of the prosecutor, investigator, the body of inquiry and the presiding person;
7) not to travel to another locality without the permission of the court or preliminary notification the body of criminal prosecution on new residence;
8) not to leave the room of court session and the court building without permission of the presiding person;
9) to observe order at the court session.
4. Failure to perform, by the witness, of his/her obligations produces responsibility, prescribed by the law.
5. The witness has the following rights:
1) to know, for which criminal case he was summoned;
2) to refuse from giving evidences, convicting him/her, his/her spouse or his/her close relatives in committing a crime; to declare challenge to the interpreter, participating in his/her interrogation;
3) to refuse from submitting materials and information, if they may serve in the criminal case as evidences against that person, his/her spouse, or his/her close relatives; to declare requests[motions?];
4) to use, during giving the evidences, upon the permission of the body, conducting criminal trial, documents and his/her written notes;
5) to draw sketches, plans and charts when testifying;
6) to set forth his/her evidences, given in the course of pre-trial proceedings of the criminal case by his/her own hand;
7) to acquaint himself/herself with the protocols of investigatory or other procedure action in which he/she participated and also, in the respective part, with the protocol of the court session and make remarks, subject to entry to protocol regarding the fullness and the correctness of the record of his/her evidences; to accompany the evidences, given by him/her with drawing plans, schemes and pictures;
8) to receive compensation of the expenses, incurred during the proceedings of the criminal case;
9) to receive back the property, seized from him/her by the body, conducting the criminal trial, in the capacity of material evidences or on different grounds, the originals of the official documents belonging to him/her;
Examination of witnesses - national proceedings
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