The article analyses the regulation of expertise in the CPC of the Russian Federation and France in the conditions of adversarial process. Given that in Russia the preliminary investigation is entrusted to the investigator and interrogator, and that at the stage of preliminary investigation there is no adversarial system in its classical sense, this cannot but affect the rights of the parties when appointing, conducting and evaluating an expert examination. In France, the function of investigating a criminal case is entrusted to the judicial system. It is exercised by the investigating judge (juge d' instruction). This circumstance ensures a real adversarial nature at the stage of preliminary investigation and significantly affects the legal status of the subjects involved. On the example of specific articles of the French Code of Criminal Procedure the gamut of criminal procedural relations (appointment and terms of expertise, selection of experts, classification of forensic examinations, issuance of a preliminary conclusion by an expert) is considered, which show a large number of legal opportunities for the defence to successfully participate in the adversarial process. The presented experience is able to arouse curiosity and interest of domestic lawyers in the conditions of future improvement of the CPC.
CRIMINAL PROCEDURE, CPC OF THE FRENCH REPUBLIC, INVESTIGATING JUDGE, EXPERTISE, ADVERSARIAL PROCEEDINGS, RIGHTS OF THE PARTIES
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