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Objectivity and subjectivity in the criminalistical expertise


Author: Neicuţescu Ovidiu
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2010
Scientific adviser: Gheorghe Golubenco
doctor, professor, Free International University of Moldova
Institution: Free International University of Moldova
Scientific council: D 30-12.00.08-27.03.08
Moldova State University

Status

The thesis was presented on the 11 December, 2009
Approved by NCAA on the 18 March, 2010

Abstract

Adobe PDF document – 0.28 Mb / in romanian

Keywords

objectivity, juridical expertise, expert criminalist, inner conviction, conclusion errors

Summary

The sphere of study the objectives of the doctoral dissertation. The present dissertation deals with the judicial, criminalistical expertise. Its objectives are: to analyse the present situation in the domain as well as the publications related to the topic of the thesis; to determine the notion and to classify the criminalistical expertises; to establish the fundamental principles of activity in this domain, the competences of experts and the expertise institutions; to elucidate the methodology of the expertise examination and the structure of the criminalistical expertise report; to underline the subjective and objective aspects in the process of making a personal conviction by the judicial expert when formulating the criminalistical expertise conclusions; to reveal the difficulties, generated by subjective and objective factors, that appear when appreciating the expertise report by the authority that required the expertise and to elaborate an algorithm of their estimation; to classify the expertise errors and to establish their subjective and objective causes, as well as the possibility of control and management of the expertise quality.

The scientific novelty and originality. The thesis represents one of the first complex research in the Romanian speakers space, dedicated to the analysis of the judicial expertise doctrine and the criminalistical expertise institution in particular, through the prism of the fundamental principles of activity in this sphere, taking into consideration the implementation of the adversative concept in the activity of investigation of crimes and the necessity of connecting the juridical and institutional framework to the modern exigencies promoted by the European authorities of criminalistical sciences. The thesis originality consists in the argumentation of the necessity of forming in the Romanian space of a sphere of knowledge, distinct from the criminalistical science – the general theory of the judicial expertise (the judicial expertology), determining the object of study, its nature and goals.

The theoretical significance and practical value of the work consist in the development and the scientific argumentation of the structural elements of general theory of judicial expertise taking into account the experience of the RM, and other countries from the EC, in the formulation of conclusions and recommendations with methodological and legislative character at theoretical and practical level, whose realisation has as an objective the optimisation of the overall activity of judicial expertise, the minimisation of the subjectivism in their appreciation by the criminal investigation authorities and the court, finally making more objective the process of judging penal, civil and administrative cases, applying special criminalistical knowledge.