Specialių žinių panaudojimo finansinių nusikaltimų tyrime objektyvumo užtikrinimo prielaidos Lietuvoje, teisės į gynybą užtikrinimo aspektu

Abstract

The Code of Criminal Procedure of the Republic of Lithuania does not directly determine the necessary places for conducting expert investigations during pre-trial investigations and court hearings, nor does it name specific research facilities where such investigations should be conducted. The non-regulation by the law of the investigation function of the Financial Crimes Investigation Service (hereinafter – the Service) as objects that require special knowledge, as well as the factual situation that has arisen, when the drawing up of a specialist’s conclusion is regulated by a by-law act, there is reason to believe that it contradicts the provisions of the Forensic Expertise Law of the Republic of Lithuania, raises reasonable doubts regarding the impartiality of the conclusions drawn up by the service specialist and the objectivity and validity of the specialist’s conclusion. The so-called cooperation of the specialist of the relevant unit of the Service conducting the investigation, with the officer directly conducting the pre-trial investigation, both by obtaining additional information necessary for conducting the investigation, and by providing the specialist with new data revealed during the pre-trial investigation about the circumstances related to the investigation conducted by the specialist, and by the latter directly participating in the interviews of the participants in the process, although it is usually identified by officials as fully complying with the principles of speed and economy of the process, but their mutual official subordination and hierarchy of positions, instructions of superiors, etc. determines the subjectivity of the process and the collection of only incriminating data. In this way, forming a biased, and sometimes even not corresponding to the context of the circumstances that happened in reality, research direction in advance.