| Abstract [eng] |
The use of special knowledge is very important part of crime investigation. One of the most common form of the usage of special knowledge is the forensic examination. Findings and results of expertise are showed in the act of forensic examination – it is the type of scientific evidence. Final evaluation of evidence is process when judge forms his inner confidence about all evidences including results of forensic examination by testing their relevance and reliability. Evaluation of forensic examination act is based on the same principles as of other evidences and is performed following general rules of the code of criminal procedure. Main principles of evidence evaluation are: admissibility of evidence; reliability of evidence and value of evidence. At first the act is being valued separately and afterwards in the environment of other evidence. Correct determination by court of subjective and objective factors when evaluating expert‘s findings is one of the main guarantees the truth in the case will be disclosed. In the judgement we can see only the fundamental aspects of evaluation of the forensic examination. If the forensic examination act is clear and its validity is not questioned by the parties of the process, only facts or findings that were defined by the expert are named in the judgement and the procedure of the evaluation is not mentioned. Appellants usually call into question expert‘s non-assertive findings, while a court responds that the findings ought to be evaluated together with the other evidence, which in its entirety prove the legitimacy of expert‘s findings. |
