Mijloacele de probă cu caracter medico-legal - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, Special Issue (2023) 47–72

DOI: 10.47745/AUSLEG.2023.12.X.04

Forensinc Evidence

Abstract. A legal and thorough solution in a criminal case is the one that is based on the truth, and the truth is established by means of evidence, which is brought to the case file for examination and consideration by the judicial bodies and other participants in the criminal process by means of evidence. In many cases, the evidence is taken by participants in the criminal proceedings other than the judicial authorities, such as specialists and experts, over whose work the judicial authorities and the other participants have indirect control. Whether their work is appropriate the judicial bodies and the other participants can find out by checking it through legislation, which is, for the most part, expressly dedicated to the specific activity. This is the case for forensic activity, which, through the documents drawn up during or at the end of the activity, whether we are talking about the forensic medical certificate or the endorsement of the higher forensic medical committee, constantly contributes to establishing the truth in criminal cases. However, the use of these forensic specialists sometimes leads to legal problems, although there is a rich history of such use, some of which are to be discussed below.

Keywords: forensic evidence, forensic certificate, report of findings, expert report, new expertise, scientific character, endorsement, official experts, experts proposed by the parties