Problematical aspects of using forensic expert conclusion on results of the forensic examination of electric shock accidents

Abstract

The article is devoted to topical and at the same time debatable topic of using forensic expert conclusion based on forensic examination results of electric shock accidents.
 Evaluation and verification of forensic expert conclusion, as one of the sources of evidence obtained on the basis of scientific knowledge is a prerequisite for impartiality, objectivity and comprehensiveness of the investigation in criminal proceedings and court proceedings. Conclusion assessment and verification consists of the solution of two general groups of issues: 1) compliance with procedural rules and requirements while appointment, forensic examination and conclusion submission: procedural assessment; 2) correctness, scientific validity and reliability of research and the conclusion is a meaningful assessment.
 Difficulty of correctly assessing and verifying reliability and scientific validity of forensic expert conclusion by investigative bodies or the court is due to the fact that conclusion is an expert’s deduction made on the basis of specific expertise in a particular field of science and technology. Certainly, investigator or the court does not have such knowledge. Sometimes they cannot objectively assess and verify the conclusion content for correct choice of methodology, methods used and methods of problem solving. It is emphasized that solution of such issue by investigation or the court is especially difficult in default of proven methods, or when applying new types of examinations.
 The article presents some aspects of verification of the facts established in the conclusion, their consistency with other circumstances and evidence in the case. Emphasis is placed on the fact that it is often difficult to verify the facts established in while investigation of electric shock accidents, consistency of these facts with other evidence in the case, if forensic examination establishes such facts, or when examination establishes certain crime elements.
 The ways of solving some complex aspects of the substantive assessment of forensic expert conclusion by investigation or the court are identified; it is proposed to make certain changes in procedural legislation regarding the independent review of forensic expert conclusion.