Abstract

The processes of extension and globalization of the criminal phenomenon determine the judicial bodies to reconsider the approach of the methods of finding and preventing crimes. An important place in this context is occupied by forensic expertise, based on the knowledge of maternal science, forensics, but also on technical, natural, legal sciences and of course procedural norms, which determine the principles and conditions for correct resolution of issues of interest to the judiciary.

Highlights

  • The processes of extension and globalization of the criminal phenomenon determine the judicial bodies to reconsider the approach of the methods of finding and preventing crimes

  • An important place in this context is occupied by forensic expertise, based on the knowledge of maternal science, forensics, and on technical, natural, legal sciences and procedural norms, which determine the principles and conditions for correct resolution of issues of interest to the judiciary

  • By the participation of the experts recommended by the parties to the expertise, their suspicions regarding the subjectivity of the authorized experts assigned or appointed to perform the expertise are eliminated, the experts recommended by the parties personally participating in the expertise by observations on the object of the expertise, modification or completion, verification or completing the evidentiary material and through objections to the expertise report, which will be addressed to the judicial body

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Summary

General considerations on the rules governing forensic expertise

The procedural norms regulate the fact that “in order to ascertain, clarify or evaluate certain facts or circumstances, which are important for finding out the truth in question, the opinion of an expert is necessary”. Forensic expertise can be defined as "an activity of scientific research of traces and material means of evidence, in the sense of identifying persons, animals, objects, substances or phenomena, determining certain properties or changes in their content, form and appearance." Another definition states that “forensic expertise is the procedural act by which a scientific investigation of material evidence is performed to identify persons, objects, substances, phenomena or events, establish certain properties, changes in form, appearance, content or structure, and the mechanism of their production”. The forensic investigation activity within the Public Ministry is led by the Forensic Bureau located within the Criminal Investigation and Forensic Section of the Prosecutor's Office attached to the High Court of Cassation and Justice Within this Office, complex criminal cases are investigated, which require the application of scientific methods and forensic technical means, the prosecutors of this office contributing to the efficiency and dynamization of the criminal investigation activity. By the participation of the experts recommended by the parties to the expertise, their suspicions regarding the subjectivity of the authorized experts assigned or appointed to perform the expertise are eliminated, the experts recommended by the parties personally participating in the expertise by observations on the object of the expertise, modification or completion, verification or completing the evidentiary material and through objections to the expertise report, which will be addressed to the judicial body

The objectives of the forensic expertise of the traffic accident
ARON: Criminal Expertise of Traffic Accidents
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