Some Factors Which Influence the Credibility of Expert’s Testimony

Abstract

Paper inspiration and research problems: Long time of professional monitoring of experts’ participation in criminal proceedings.

Aims of the paper (scientific and / or social): Concerned paper had the goal of investigating only some factors which influence on the credibility of experts’ testimony in a criminal proceedings, especially bearing in mind, on the one hand, the doubts that can be induced by the position of the strongest institution that deals with examination in police, and on the other hand, the endeavor of obtaining of some evidence, which are traditionally entrusted to the Attorney General and the court, to the police.

Methodology / Design: In the paper, among others, the legal dogmatic, historical, analytical and comparative method had been used.

Research / paper limitations: Lack of empirical research about the importance of the experts’ testimony as evidence in criminal proceedings.

Results / Findings: 1. In the Republic of Croatia the normative structure for the persons’ suitability for an expert doesn’t provide the “educational“ profile as qualification. 2. Jurisprudence is carefully monitoring the susceptibility of experts’ testimony within the Ministry of Internal Affairs when the accused is the employee of that Ministry. 3. EU newer efforts emphasize the position of the police in criminal proceedings which is in disharmony with the jurisprudence detailed in point 2.

General conclusion: The normative structure should clearly prescribe the educational profile for an expert and determine when a specific person is inadequate for examination and when it is just susceptible.

Research / paper justifiability: Experts’ testimony is important evidence which is burdened with the considered problems so it justifies the research.