Some questions of application of special knowledge in criminal trial of Russia

2015 ◽  
Author(s):  
V. S. Latypov
Keyword(s):  
Criminal Trial ◽  
Special Knowledge

scholarly journals ADVERSARIAL MODEL OF PRE-TRIAL INVESTIGATION: ILLUSIONS AND REALITY

2016 ◽  
Vol 15 ◽  
pp. 5-13
Author(s):  
V. Y. Shepitko
Keyword(s):  
The State ◽  
Criminal Trial ◽  
Equal Access ◽  
Criminal Proceedings ◽  
Special Knowledge ◽  
Secret Investigation ◽  
Legislative Changes ◽  
Adversarial Model

The article analyzes certain trends in the mechanism of the adversarial process at the pre-trial investigation stage. It attempts to determine legislative changes in the regulation of the pre-trial investigation as a stage in criminal proceedings. The article also focuses on the essence of the investigation activity, the order of its implementation, the investigator’s functions and powers. At the same time any investigation has to ultimately aim at establishing the truth. The article determines the functional purposes of investigation (search) actions as well as secret investigation (search) actions and points out to certain problems and deficiencies in the course of their implementation. It dwells on the peculiarities of addressing special knowledge by various parties of the criminal proceedings (the state prosecution and the defense). The article concludes that at present the parties to the criminal trial proceedings do not have equal access to special knowledge. With this regard and taking into account the existing conditions, the article offers suggestions to optimize the investigation activity with the emphasis on the need for making criminalistic knowledge available to the pre-trial investigation and formation of an «adversarial criminalistics».

scholarly journals Special Knowledge in the Work of a Defense Lawyer

2017 ◽  
Vol 12 (1) ◽  
pp. 27-29
Author(s):  
A. V. Rostovtsev
Keyword(s):  
Criminal Trial ◽  
Criminal Proceedings ◽  
Defense Lawyer ◽  
Special Knowledge

Adversariality of the parties of prosecution and defense in criminal proceedings offers the defense lawyer an opportunity to apply their special knowledge. The article presents the author's view of the problem of the use of special knowledge by the defense lawyer in the context of an adversarial criminal trial.

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Trial ◽  
Presumption Of Innocence ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Creation ◽  
The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

Opening up a New Field of Modern Medical Research 1

2020 ◽  
Author(s):  
Xiaoguang Li
Keyword(s):  
Chinese Medicine ◽  
Traditional Chinese Medicine ◽  
Human Body ◽  
Low Cost ◽  
Acupuncture Point ◽  
Modern Medicine ◽  
Body Structure ◽  
Special Effect ◽  
Special Knowledge ◽  
Opening Up

Modern medicine tells us that the human body is an organism composed of heart, lung, liver, kidney, spleen, stomach, brain, nerves, muscles, bones, blood vessels, blood and so on, while traditional Chinese medicine believes that besides these tissues and organs, the human body still has another part of the structure, traditional Chinese medicine calls them Jing Luo and Shu Xue. Jing Luo means the longitudinal line of the human body and the accompanying net, translated into English Meridians and Collaterals. Shu Xue means holes distributed on Jing Luo and outside Jing Luo, because stimulating Shu Xue's position by acupuncture, massage and other methods can cure diseases, so Shu Xue is translated into English acupuncture point, abbreviated as acupoint or point. Meridians and acupoints are the special knowledge of human body structure in traditional Chinese medicine. Traditional Chinese medicine not only draws the distribution map of the meridians and acupoints in the human body, but also has been using them to treat diseases for thousands of years. There are hundreds of these acupoints, stimulating each one by acupuncture, massage or other methods will have a special effect on the human body and can treat various diseases. But what effect does stimulating every acupoint have on the human body so that it can treat various diseases? The discussion of traditional Chinese medicine is vague and incomprehensible, and can not be proved by experiments. According to the author's research for more than 30 years, this paper makes a clear and accurate exposition of the effects on the human body and diseases that can be treated with acupoint massage. These statements can be proved by experiments, so they are believed to be reliable. It is hoped that meridians, acupoints and massage therapy can be incorporated into modern medicine and become a part of modern medicine after being proved by others through experiments. Massaging acupoints can not only treat many diseases that are difficult to be treated with drugs, but also have simple methods and low cost.

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