Mokslinių įrodymų gavimo ir naudojimo kritika

Abstract

The author points to a very low level of judicial and investigative practice, with very low social credibility. He considers and states possible causes, despite the quality training of judicial and security practitioners. He sees the reason for the change in the quality of training of investigators as well as judicial staff, those who ultimately decide in the preparation and implementation of the judicial proceedings. Democratization processes have had a negative impact not only in the wider society, but, unfortunately, also among prosecutors and judges, and investigators are no exception. Most errors occur in the evaluation of expert opinions, the quality and expertise of which is at a low professional and moral level. However, there is a related problem for judges, who are often unable to interpret expert opinions and monitor the qualifications and specialization of experts. The recruitment of experts is formal and their activities are not sufficiently controlled. Nor does formal attention is given to the assessment of the legal correctness, probative value, or credibility of an expert opinion. The author points out the failure of the state in the organization, provision and control of expert activities and shows by examples that its scope is so high that there must be a change in the structure and provision of expert institutions.