The role of special knowledge in the solution of tasks of sentence execution

The problem of the status of persons with special knowledge who are involved in the examining activity of the court at the stage of execution of the sentence while solving a number of procedural issues connected with the implementation of a conviction or a court decision on the application of compulsory measures of a medical nature has been assessed ambiguously. The authors note that when deciding the fate of persons with special knowledge as participants in criminal procedure relations, the approach of allocating the essential features of skilled witnesses is most relevant. Unlike "ordinary" witnesses, they have special knowledge that helps them to better understand what is happening; therefore, they have a significant procedural feature: in their testimony, not only information about circumstances is of crucial importance, but also their opinion, based on special knowledge. It may not be necessary to fix such a category in law, but in theory it is necessary to allocate it, as it affects not only the subject of the testimony of these persons, but also the determination of the permissible limits of formulation of their testimony on the basis of special knowledge. This circumstance predetermines the tactics of preparing and conducting an interrogation of such a witness, since the court may require outside assistance of an expert in the relevant field of knowledge to assess the testimony of skilled witnesses. The authors believe that it is the status of a skilled witness that various medical workers should have in the criminal procedure relations at the sentence execution stage. Medical workers here are members of medical committees, who are mentioned by the legislator in the Code of Criminal Procedure of the Russian Federation in the context of making medical reports (Part 5, Article 445 of the Code of Criminal Procedure of the Russian Federation), their status and competence are determined by Ruling of the Government of the Russian Federation No. 54 of February 06, 2004, as well as members of expert committees who conduct medical and social examination to determine the disability of convicts.

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