Dokumentacja poglądowa jako element składowy ekspertyz

Abstract

Rules of practice of the binding Code of Penal Procedure of 1997 do not oblige the expert to prepare demonstrative documentation to be included in the appraisement. Apart from other formal requirements (stipulated in the binding Code of Penal Procedure in art. 200 § 2) concerning the expert opinion, point 5 states:,,the opinion should include the report on the activities and observations which have been carried out as well as on the resulting conclusions". It follows that legal regulations do no< directly require the examination to be illustrated but all the coursebooks on forensic science indicate the need to do so. Naturally, it should be remembered that this does not concern all the expert opinions as not all of them require this (e.g. psychiatric opinions). Yet, when e.g. a handwriting opinion is required, the results of the part of examination should be recorded in the form of demonstrative documentation and included as its component. The opinion must be written in such a way that it is comprehensible and convincing and that the court itself is able to evaluate it. We must agree with these who emphasise the fact that only the Comprehensible justification included in the opinion gives the authority conducting the proceedings a chance to perform the duty of evaluating the evidence offered by the expert. Only the properly justified opinion enables the authority to evaluate it. It is hardly surprising that authorities conducting the proceedings sometimes treat the expert Opinion with mistrust, especially when they do not have the justification of the course of examination or of final results.