Неправдивий експертний висновок

This paper explores the legal dimensions and implications of false expert reports in criminal proceedings within the Slovak Republic. The main objective is to provide a comprehensive legal analysis of the criminal liability of experts who knowingly submit inaccurate, misleading, or fabricated reports, focusing on Section 347 of the Slovak Criminal Code. The paper begins by outlining the role of experts in the criminal justice system, their professional responsibilities, and the standards of impartiality and objectivity that are legally required in the preparation of expert opinions. It further discusses the procedural rules for appointing, excluding, and evaluating experts in criminal cases, emphasizing the importance of safeguarding the fairness and reliability of evidence obtained through expert testimony. The paper also delves into how courts assess the admissibility and credibility of expert reports, highlighting common deficiencies such as logical inconsistencies or omissions of key facts that may affect the integrity of judicial decisions. Attention is given to situations in which an expert may commit a criminal offense by submitting a false report, whether intentionally or through gross negligence. Real case examples and judicial interpretations are used to illustrate how the judiciary determines the existence of bias or fabrication in expert outputs. Special focus is placed on the procedural measures that courts may adopt to verify the accuracy of expert conclusions, such as expert cross-examination, appointment of additional experts, or exclusion of partial experts. In conclusion, the thesis emphasizes the critical need for objective and professionally sound expert input in the judicial process, as errors or deliberate misrepresentations in expert reports may significantly distort the course of justice, affect the rights of the accused, and undermine public trust in the criminal justice system.

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Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-05-26
Primary Topic
European Criminal Justice and Data Protection
Type
article
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article

Неправдивий експертний висновок

Scientific periodicals of Ukraine
European Criminal Justice and Data Protection
article

Неправдивий експертний висновок

article en

Abstract

This paper explores the legal dimensions and implications of false expert reports in criminal proceedings within the Slovak Republic. The main objective is to provide a comprehensive legal analysis of the criminal liability of experts who knowingly submit inaccurate, misleading, or fabricated reports, focusing on Section 347 of the Slovak Criminal Code. The paper begins by outlining the role of experts in the criminal justice system, their professional responsibilities, and the standards of impartiality and objectivity that are legally required in the preparation of expert opinions. It further discusses the procedural rules for appointing, excluding, and evaluating experts in criminal cases, emphasizing the importance of safeguarding the fairness and reliability of evidence obtained through expert testimony. The paper also delves into how courts assess the admissibility and credibility of expert reports, highlighting common deficiencies such as logical inconsistencies or omissions of key facts that may affect the integrity of judicial decisions. Attention is given to situations in which an expert may commit a criminal offense by submitting a false report, whether intentionally or through gross negligence. Real case examples and judicial interpretations are used to illustrate how the judiciary determines the existence of bias or fabrication in expert outputs. Special focus is placed on the procedural measures that courts may adopt to verify the accuracy of expert conclusions, such as expert cross-examination, appointment of additional experts, or exclusion of partial experts. In conclusion, the thesis emphasizes the critical need for objective and professionally sound expert input in the judicial process, as errors or deliberate misrepresentations in expert reports may significantly distort the course of justice, affect the rights of the accused, and undermine public trust in the criminal justice system.

Scientific periodicals of Ukraine
Matej Bel University (SK)
Peace, Justice and strong institutions
Openalex Percentile: Top 42%
European Criminal Justice and Data Protection
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