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The problems of judicial expertise in criminal proceedings
Chmel, Jan ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The problems of judicial expertise in criminal proceedings Abstract Judicial Expertise is a substantial and irreplaceable part of criminal proceedings. It's legal regulation is required to fulfil high demands. Firstly, it must provide an effective platform for usage of expert evidence in criminal proceedings. Secondly, it ought to ensure that experts provide quality outcomes in compliance with lege artis. Thirdly, it should offer satisfying conditions for expert's activities. This thesis selects a few of the current issues originating from aforementioned requirements. It analyses their origin and evaluates how the Czech legal regulation solves them. At first, the thesis defines fundamental institutes which create a base for an expert's function in criminal proceedings. Subsequently, it offers an overview of statutory regulation of judicial expertise in criminal proceedings. It deals with both special regulation in criminal law and general regulation of Act No. 254/2019 Sb., on judicial experts, expert offices and expert institutes, together with relevant ordinances. Chapter three deals with legislative changes in the field of judicial experts effective from 1st January 2021. It focuses on new experts appointing, remuneration and supervision of experts' activities. It analyses and compares how these issues...
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