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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 21, 2010 No. 28

About judicial examination on criminal cases

Due to the questions arising at courts in case of application of the regulations of the Code of penal procedure of the Russian Federation regulating production of judicial examination on criminal cases, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides:

1. Draw the attention of courts to need of the most complete use of achievements of science and technology for the purpose of comprehensive and objective investigation of the circumstances which are subject to proof on criminal case, by production of judicial examination in all cases when permission of the questions which arose during legal proceedings requires carrying out research with use of special knowledge in science, the equipment, art or craft. If carrying out research is not required, then interrogation of the specialist is possible.

2. According to provisions of part 2 of article 195 Code of Criminal Procedure of the Russian Federation judicial examination is made by the state court experts and other experts from among persons having special knowledge.

The public judicial and expert institutions are specialized agencies (divisions) of federal executive bodies, executive bodies of subjects of the Russian Federation, the stipulated in Article 11 Federal Laws "About the State Judicial and Expert Activities in the Russian Federation".

Experts of non-state judicial and expert organizations, and also persons which are not working in judicial and expert organizations treat other experts from among persons having special knowledge.

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