Autor: Cheng YAN

Publicat în: Journal Of Eastern European Criminal Law no. 2/2018

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Abstract: High technology plays an increasingly important role in criminal lawsuits, however, the hightech information must be presented in front of the judge who normally is a layman. As a consequence, the expert could exert so great influence on court that whose knowledge must be presented in an understandable way. Or, otherwise the expert instead of the judge would be the master of the court. In China, the implementation of the new Criminal Procedure Law fails to improve the present situation of an extremely low expert’s court appearance rate, which seriously hinder the judgment to the expert testimony. It is because there is no restriction to the judges’ discretion to decide whether the attendance is necessary. Due to the extremely high caseload, the judge tends to solve the case as soon as possible without asking the attendance of the expert. Hearsay rules based on their stern exclusion and the operability of perfecting details can solve this problem significantly.

Keywords: forensic science; expert; hearsay rule; experts’ appearance in court.