The Role of a Forensic Expert in the Field of Self-Defense Under Current Legislation and Beyond

Abstract

A forensic expert in the field of self-defense is a specialist with extensive knowledge in defence methods, close combat, defensive means, or coercive means. The core of the forensic expert's work in this field is the assessment of the facts of conflict situations in which physical violence between two or more persons has been used. The role of a forensic expert is to answer questions related to the parties' roles in the conflict, factors that influenced the conduct of the fight, the course of the fight and the possibility of resolving the conflict situation. Self-defense expertise is sometimes associated or confused with martial arts or combat sports expertise. This judgment is based on the assumption that most forensic experts in the field of self-defense also have experience or expertise in martial arts and combat sports. Such knowledge is an advantage for the profession of forensic expert in the field of self-defense, similar to knowledge in the field of weapons and ammunition, but it is not the same area as expertise in the field of self-defense or a condition for the exercise of this profession. The new Act No. 254/2019 Coll., on forensic experts, expert offices and expert institutes, faces professional criticism in several areas (expert duties, sanctions, division of specializations, etc.) and is likely to lead to pressure for further amendments. The article deals with these changes and the perspective in the coming years with the expert opinion of current forensic experts on the field of self-defense on the appropriate inclusion of this specialization in the future categorization of specializations.