THE FORENSIC EXPERTISE ACCORDING TO THE REGULATIONS OF THE NEW CODE OF CRIMINAL PROCEDURE Cover Image

Consideraţii privind expertiza criminalistică judiciară în contextul prevederilor noului Cod de procedură penală
THE FORENSIC EXPERTISE ACCORDING TO THE REGULATIONS OF THE NEW CODE OF CRIMINAL PROCEDURE

Author(s): Ionel Necula, Cristina Petcu
Subject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: the Code of Criminal Procedure; institutional system; Forensic expertise; Quality management; international agreements;

Summary/Abstract: According to the current legislative framework, motivated by the application of the new Code of Criminal Procedure, the issue of ordering a forensicexpertise has obviously gained a new approach to the practice of an authorized forensic expert. By combining the forensic science data with the ones of criminal, the judicial forensic expertise contributes to the achievement of the primary objective of the trial, the truth. The judicial forensic expertise represents a procedural act which is carried out in order to make a scientific research of the material evidence aimed at identifying people, object, substances, phenomena or event, to establish certain properties, changes in shape, appearance, content or structure and the mechanism of their occurrence. The innovations are presented in relation to the legal framework which regulates the activity of authorized forensic experts carried out in specialized public institutions, and also legislative aspects still open, like secondary provisions of Law no. 156/2011 on the rules governing the system of judicial expertise in Romania. Judicial forensic fields are supported by the positive trend of scientific research results embodied in new methods and technical means of investigating the forensic crime scene, providing quality research - source of scientific evidence, and the advent of equipment and software dedicated to the examination/analysis of evidence in forensic laboratories, a new area, the genetic expertise is regulated in the current Code of Criminal Procedure. This work examines the issue of assuring the quality of forensic expertise reports conducted in forensic laboratories accredited according to SR EN ISO / IEC 17025:2005, the transposition into national law of the provisions of Decision - Framework 2009/905/JHA Council on Accreditation of forensic providers, and how public specialized institutions in Romania promote and apply the strategic document “European Forensic 2020” created by the European Network of Forensic Science Institutes , ENFSI .

  • Issue Year: II/2014
  • Issue No: II
  • Page Range: 377-386
  • Page Count: 10
  • Language: Romanian
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