CONTENT OF SPECIAL KNOWLEDGE AND THEIR USE IN CRIMINAL PROCEEDINGS

Abstract

The article investigates the problem of the definition and use of special knowledge of experts
in criminal proceedings. Analysis and theoretical legal assessment are performed to the procedural
status of the specialist, procedural and non-procedural forms of its participation in the
criminal proceedings.

Clear understanding of the concept, content and possibility of using special knowledge
in the criminal process is necessary for any successful investigation of a criminal
case. Special knowledge can be characterized by a number of special features: they are
unknown and inaccessible to public; they are acquired in the course of theoretical and
practical preparation for professional work; they are used more than once; they are involved
in the process in accordance with the law, when there is a need for such knowledge;
they are evidence for the use in a procedural form.
The article presents the views of various scholars concerning the concept and content
of special knowledge used in criminal proceedings. There are opinions on admissibility
criteria and reliability of the evidence obtained during the use of special knowledge.
The novels introduced by the new Criminal Procedure Code of the Republic of
Kazakhstan, which entered into force on 1 January 2015 are considered. Criminal Procedure
Code of the Republic of Kazakhstan contains normative fixed definition of special
knowledge. This allows you to more clearly distinguish the knowledge of experts
employed in the criminal process, from the common general knowledge.