Specialistic Expertise in the Polish Doctrine of Penal Proceedings and Criminalistics
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Abstract
Both on a ground of Polish legal literature and judicial decisions as far as since a long time ago a concept of an expertise has been functioning. This term was commonly used at courts and authorities to exercise investigation proceedings. Although you should pay attention onto a fact that until the Code of Penal Proceedings from 1969 was published a concept of an expertise had been a concept being not set by regulations.
According to some representatives of the penal proceedings’ doctrine these names are featured by a little precision because there are used for designation of various procedural acts. Especially one ought to refer to the concepts: expertise, examination, and opinion because these concepts are the most often used in science and practice.
Defining a concept of an expertise one can state that it is the totality of expert’s performances being made especially on order of procedural organs at using by this expert the special knowledge, which is indispensable to elucidate or decide about the problem.
On a ground of the Polish science of criminalistics one can find more detailed considerations referring to the concept of an expertise as well as its handling. Here as follows, the majority of authors by an expertise understands a set of investigative acts, which requires special knowledge and for that reason being performed by an expert on order of a procedural organ as well as completed by an opinion, which could be of an evidential character in the lawsuit.
In particular, to the scope of acts included into the contents of an expertise belong:
− introductory analysis of material to be designed for examinations as their first stage;
− acquisition of comparative material or participation of an expert in acts of procedural organs aiming to an acquisition of this material. This act should be undertaken when together with an expertise’s order we will not get any comparative materials or this material is inappropriate to undertake examinations;
− particular inspection of comparative material as well questioned one;
− identification examinations, which are in application of defined methods, as a result of which you may establish identity or divergence among questioned and comparative material;
− other examinations, especially appropriate for this domain, which had delivered special knowledge, indispensable to perform a given proceedings’ act, e.g. physical and optical (absoption, luminescence) or chemical (chromatography) in performing documents’ expertise in the technical framework;
− investigative (specialistic) experiments, which differ from proceedings’ experiments.
According to some representatives of the penal proceedings’ doctrine these names are featured by a little precision because there are used for designation of various procedural acts. Especially one ought to refer to the concepts: expertise, examination, and opinion because these concepts are the most often used in science and practice.
Defining a concept of an expertise one can state that it is the totality of expert’s performances being made especially on order of procedural organs at using by this expert the special knowledge, which is indispensable to elucidate or decide about the problem.
On a ground of the Polish science of criminalistics one can find more detailed considerations referring to the concept of an expertise as well as its handling. Here as follows, the majority of authors by an expertise understands a set of investigative acts, which requires special knowledge and for that reason being performed by an expert on order of a procedural organ as well as completed by an opinion, which could be of an evidential character in the lawsuit.
In particular, to the scope of acts included into the contents of an expertise belong:
− introductory analysis of material to be designed for examinations as their first stage;
− acquisition of comparative material or participation of an expert in acts of procedural organs aiming to an acquisition of this material. This act should be undertaken when together with an expertise’s order we will not get any comparative materials or this material is inappropriate to undertake examinations;
− particular inspection of comparative material as well questioned one;
− identification examinations, which are in application of defined methods, as a result of which you may establish identity or divergence among questioned and comparative material;
− other examinations, especially appropriate for this domain, which had delivered special knowledge, indispensable to perform a given proceedings’ act, e.g. physical and optical (absoption, luminescence) or chemical (chromatography) in performing documents’ expertise in the technical framework;
− investigative (specialistic) experiments, which differ from proceedings’ experiments.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
