Autor: Dana-Cristina BUNEA
Publicat în: Revista Pro Lege nr. 3/2020
Disponibil online: aici
Cuvinte-cheie: raportul de expertiză, raportul specialistului, expert, specialist, proces echitabil, Curtea Constituțională, Curtea Europeană a Drepturilor Omului.
Expertise and finding. Constitutional and conventional approach
Abstract: The evidence given by specialists – antifraud inspectors from the National Agency for Fiscal Administration, seconded to prosecutor’s offices, by specialists appointed at the National Anticorruption Directorate or at the Directorate for Investigation of Organized Crime and Terrorism Offences, as well as the evidence given by experts or specialists from other authorities than the judicial bodies, have raised the problem of fairness of the procedure in respect of the principles of equality of arms and adversarial proceedings and the right to defense.
Starting from the domestic legislative framework, the present article lays out the issue of drafting expert reports and specialist reports in these situations, from a constitutional and conventional approach. The conclusion is that the observance of the principles stated in the jurisprudence of the Constitutional Court and of the European Court of Human Rights regarding the evidence given by experts and specialists, means the observance of the right to a fair trial of the parties in criminal proceedings.
Keywords: expert report, specialist report, expert, specialist, fair trial, Constitutional Court, European Court of Human Rights.
