Acessibilidade / Reportar erro

The judicial assessment of expert evidence in Polish criminal procedure

A valoração judicial da prova pericial no processo penal polonês

Abstract

In the article, the author addresses the issue of the judicial assessment of expert evidence in Polish criminal proceedings. Over the years, the reliance of the criminal justice system on experts increased dramatically. Nowadays, expert evidence plays a pivotal role in court disputes, directly influencing the outcome of judicial proceedings. Experience, however, shows that erroneous expert reports and flawed testimonies may lead to erroneous judicial decisions inflicting irreparable personal and social harm. Unfortunately, the existing model of forensic expert services in Poland is not prone to manipulations and in its current shape cannot guarantee the reliability of expert evidence. Several procedural and structural solutions have been proposed to enhance the credibility of court-appointed experts over recent years. The author examines their advantages and limitations to identify the ones that are realistic and workable.

Keywords
criminal proceedings; evidence admissibility; expert evidence assessment; expert report and testimony; meta-expert; court scientific advisers

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