| Abstract [eng] |
The main aim of the dissertation is to analyse the peculiarities of evaluation of the scientific-practical and procedural competence of a forensic expert, as well as their influence for the fairness of a court decision. This objective is to be illustrated through the example of a deontological forensic examination in criminal cases. In the light of the stated aim, the thesis first examines and presents the concept of scientific evidence, its types and significance in criminal proceedings, emphasizing and grounding the necessity to amend the classification (forms) of forensic examinations. Secondly, the concept, content and significance of the competences possessed by a forensic expert - scientific-practical and procedural - in criminal proceedings are revealed. Thirdly, the concept of criminal proceedings of a medical nature is identified and discussed. Fourthly, the basic prerequisites for a fair trial in criminal cases of a medical nature are discussed. Fifthly, the concept of deontological forensic examination is defined, including the categories of cases in which it is carried out, the specific features, the competence of the forensic expert who carries out this examination and the significance of the totality of these factors for the fairness of the court's decision. Sixth, it provides insights into the significance of forensic expert reports and the peculiarities of their assessment in a criminal case of a medical nature, while also discussing the improvement of the practice of evaluation of advisory report. Seventh, a proposal has been put forward which, if implemented, would give the courts, when dealing with criminal cases in which deontological forensic examination have been carried out, a legal instrument to assess the conclusions drawn from those examinations. |
