THE EVALUATION OF SPECIAL KNOWLEDGE IN THE PROCESS OF PROOF: GENERAL PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF CRIMINAL CASE-LAW

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PDF (Lithuanian)
Published Dec 21, 2023
DOI: https://doi.org/10.13165/JUR-23-30-2-04

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Rima Ažubalytė
Mykolas Romeris University

Abstract

This article, based mainly on the jurisprudence of the ECtHR and the Supreme Court of Lithuania, discusses the issues of researching and evaluating expert opinions in national courts. Before starting to examine the procedural and material requirements for the assessment of expert opinions in court, the article substantiates the position that in the context of evidence, which is considered in this article, law may not usually be the subject of an expert’s evaluation. Next, the article analyzes the procedural requirements for the evaluation of expert opinions in court, which until now have not been addressed in Lithuanian criminal procedure research. The last part of the article is devoted to the general requirements for evaluating the content of expert opinions (special knowledge) as evidence.

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Issue
Vol. 30 No. 2 (2023): Jurisprudence
Section
Articles
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