Rolul Curții Constituționale în reglementarea expertizei în procesul penal
The Role of the Constitutional Court in Regulating the Expertise in the Criminal Trial

Author(s): Adrian Şandru
Subject(s): Law, Constitution, Jurisprudence, General Reference Works, Criminal Law, Source Material
Published by: Universul Juridic
Keywords: expert report; scientific evidence; fair trial; constitutionality; jurisprudence;
Summary/Abstract: The judge, when determining the factual framework of a criminal trial, is often required to adress to some technical issues to find out whether a particular fact meets the constituent elements of a crime. The technical support offered to the prosecutor or the judge in the criminal process should be provided by persons who have the status of expert and who prepare expert reports, which are means of evidence in the criminal process. The legislation that norms the conditions for disposition of an expert report has changed in recent years, being challenged on several occasions for constitutional flaws. The Constitutional Court of Romania through its decisions had a major role on the current configuration of the criminal procedural rules that regulate the expertise in the criminal process. In this context, it can be argued that the case law of the Constitutional Court has influenced the criminal procedural legislation in the field of scientific evidence, having particularly important consequences in the criminal cases on the role of the Romanian courts.

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