PROBLEMATIC ASPECTS CONCERNING CERTIFICATION AND CONTROL OF PRIVATE FORENSIC EXPERTS: EUROPEAN...

PROBLEMATIC ASPECTS CONCERNING CERTIFICATION AND CONTROL OF PRIVATE FORENSIC EXPERTS: EUROPEAN STANDARD

AND LITHUANIAN PRACTICES Dr. Gabriele Juodkaite-Granskiene

Director of the Forensic Science Center of LithuaniaChairman Coordination Council of the Forensic Experts of the Republic of Lithuania

Astana24/06/2016

EU Project: Enhancing Criminal Justice in Kazakhstan

European StandardThe European Commission for the Efficiency of

Justice (CEPEJ)Recommendations on the role of court-appointed

experts in judicial proceedings of Council of Europe’s Member States

http://www.coe.int/t/dghl/cooperation/cepej/The Document was adopted on December 11 - 12,

2014


http://www.coe.int/t/dghl/cooperation/cepej/

Why is it important and appropriate?• The CEPEJ Guidelines, Article 138, stipulate thatIn accordance with the principles set out in this

document, each Member State of the Council of Europe should either introduce legislative regulations on the control or rights and obligations of such experts in a trial, or review the related existing guidelines for compliance with the minimum standard rules of conduct of such experts.


European Standard• The CEPEJ Guidelines stipulate:• the requirements for individuals intending to

become forensic experts• the rights and obligations of judicial experts• the Expert Behaviour Principles• the responsibility of forensic experts


The requirements for individuals intending to become forensic experts

• An expert is part of court proceedings and one of those who make a decision to transfer expertise to the court.

• These special knowledge is related only to investigation, and sometimes assessment, of certain facts.

• Therefore, an expert stands as an advisor or assistant to judges, and nothing else. The role of an expert, therefore, is different from that of a judge, who is the only one to decide on the legal issues. An expert gives evidence to the court in accordance with his/her expertise (education and experience), which then will underlie the judge's conclusions.


What is expertise?

Special knowledge = knowledge acquired in the course of a specialized (higher)education + special practices.

Deep knowledge of various human activities - sciences, arts, other fields, except the legal sphere.

An expert shall assist with establishing certain facts only, rather with the application and interpretation of the law.

In some exceptional cases, foreign law may be the subject of an expert assessment. It is by no means assumed that an expert should apply the law.


The European standard for selecting an expert

Generally, the main criteria of selecting an expert should be expert's qualifications.

An expert shall have appropriate qualifications and/or necessary experience or skills.

The qualifications depend on the knowledge and specific task set.

Therefore, the expert qualifications requirements will vary depending on the type of job and specific assignment.


What are the practices used in Lithuania?

• The Law on Forensic Examination of the Republic of Lithuania defines that certification of the persons who intend to become forensic experts may provide:

• public forensic science institutions (for the types of forensic examination such institutions conduct)

• other governmental specialized licensing commissions


What are the practices used in Lithuania?

The Law on Forensic Examination of the Republic of Lithuania stipulates that a person intending to become forensic expert must meet certain requirements, such as:

• hold a degree from a higher educational institution in a field most appropriate for the forensic examination in question

• pass an examination for his/her legal knowledge assessment

• take an exam for his/her special knowledge assessment


The first problem is

• What should the basic education be for different types of forensic examinations?


Practice with state forensic science institutions

• Basic education• Practical (daily) work with an experienced

expert• Training under a special-purpose program for

obtaining legal and special knowledge• Undergoing certification after 2 years of training


The minimum legal knowledge

• A unified program on legal knowledge approved by the Minister of Justice, the new version adopted in 2014

• http://www.ltec.lt/lt/teisiniu-ziniu-programa

• The problem is that a minimum knowledge of criminalistics and forensic science is lacking


http://www.ltec.lt/lt/teisiniu-ziniu-programa

What is the root of the matter?

• The criminalistics has developed methodology of forensic science, so what is the minimum knowledge in the field of criminalistics then?

• It will be up to the certifying forensic institution to decide, but what if such institutions do not operate as forensic science institutions (e.g. certification for construction, property assessment, audit)?


Private forensic experts

• They have no opportunity to learn from an experienced forensic expert

• They cannot obtain knowledge in criminalistics and forensic theory


There are additional problems with controlling competencies and qualifications of private experts

• Some types of liability are non-existent or inadequately used (no insurance, inefficient consequences of the sanctions imposed, etc.)

• Forensic activities are not controlled for quality or competent performance (the code of ethics is not enough to resolve the matter)

• The forensic conclusion process is not monitored


Documents Additional to the European Standard

Council Conclusions on the creation of a European Forensic Science Area 2020 (adopted recently):

• 1. ‘Best Practice Manuals1 for forensic disciplines’

• 2. ‘Stimulating exchange of forensic information from databases, for example in the areas of weapons and ammunition, explosives and drugs’


European Forensic Science Area 2020

• 3. ‘Proficiency tests and collaborative exercises for forensic disciplines’

• 4. ‘Forensic awareness and training for law enforcement and justice communities’

• 5. ‘Stimulate accreditation of forensic service providers and competence of forensic personnel on a voluntary basis’


European Forensic Science Area 2020

• 6. ‘Stimulating exchange of forensic data via Prüm and improving its quality’


European Network of Forensic Science Institutionswww.enfsi.eu


Thank you for attention!

For any questions please contact:

EU Project: Enhancing Criminal Justice in Kazakhstan+77172/237019/21

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PROBLEMATIC ASPECTS CONCERNING CERTIFICATION AND CONTROL OF PRIVATE FORENSIC EXPERTS: EUROPEAN...

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