Law of Procedures/ evidence forensics

Question 1

What is the structure of courts of law?

Answer 1

• District courts (court of first instance)
• County court (court of first instance or appeal)
• High courts of appeal
• Supreme court
Jurisdiction (subject) and competence (geographical area)
Protect, punish, educate and control

Question 2

Responsibility of the court?

Answer 2

• Jurisdiction (subject) and competence (geographical area)
• Protect the order of the state and society, citizens’ rights and legal interests
• Punish those who committed a crime
• Educate to respect law by impose, executing and enforcing punishment
• Control legality of state administrative orders

Question 3

Impartiality of courts?

Answer 3

• Independence of judges: not influenced or ordered
• Election of judges (Parliament, President): diploma in law, experience and practice, clear past record)
• Participation of the society in judgment (lay assessors)
• Publicity
• Appealable decisions

Question 4

Responsibilities of the prosecutors office?

Answer 4

• Control and protection of legality in all fields
• Prosecution of crimes
• Protection of citizenship rights
• Control, supervision of legality of procedures
• Representation of prosecution in legal proceedings
• Participation in private cases
• Supervision of penitentiary system
• Order, supervise or carry out investigations

Question 5

Participants in a civil suit

Answer 5

• Court (judge/s)
• (Public prosecutor)
• Plaintiff: voluntary role
• Defendant: forced role
• Intercessor: legal interest, voluntary (e.g insurance company) or accepted role
• Representatives

Question 6

Evidences of civil suit

Answer 6

• Witness testimony
• Forensic expert opinion(s)
• Physical evidences
• Documents
• Inspection
• Judgement
• Appeal
• Final judgement
• Extraordinary remedies (review, retrial)
• Enforcement

Question 7

Means of evidence

Answer 7

• Shall be the testimony of the witness, the expert opinion, physical evidence, documents and the pleadings
of the defendant
• Evidence shall be traced, gathered, secured and used in compliance with the law.
• In the course of criminal proceedings, all means of evidence and all evidentiary 

procedures may be used without restriction. However, the use of certain means of evidence may also be
statutory

Question 8

Participants in criminal procedure

Answer 8

• Court(judge/s)
• Public prosecutor
• Investigative authority (police, public prosecutor, customs and finance guard)
• Accused person(defendant)
• Victim (injured party)
• Private accuser (e.g. libel, invasion of privacy)
• Substitute private accuser (civil suitor)
• Their representatives

Question 9

Evidence in a criminal case

Answer 9

• Physical evidence
• Experts opinion
• Witness testimony
• Documents
• Inspection

Question 10

Committing a crime with intent meaning

Answer 10

A criminal offense is committed with intent if a person conceives a plan to achieve a certain result, or
acquiesces the consequences of his conduct

Question 11

Who may refuse to testify as a witness in criminal procedure

Answer 11

• Relative of the defendant
• Those who would incriminate themselves or their relatives on the related issues
• Bound by secrecy owing to their profession or public office

Question 12

Common mistakes when giving forensic expert opinion

Answer 12

• Not up to date methods
• Definite without reason
• Giving opinion in questions beyond his competence
• True statement but not justified/explained enough
• Not taking into account the specialties of the case, stereotyped
• Not clear enough to everybody (e.g. professional terms without explanation)
• Not keeping the deadline (may ask for postpone)

Question 13

Who may not act as an expert

Answer 13

• Who have participated in the case as a defendant,
• Counsel for the defendant, a victim, complainant or a representative thereof, or who is a relative of the
above,
• who have acted in the case as a judge, prosecutor or a member of the investigating authority, or who is a
relative thereof,
• who have participated in the case as a witness,
• who have been employed in the case as an advisor,
• who cannot be expected to form an unbiased expert opinion for other reasons.

Question 14

Preclusion of punishment in criminal law

Answer 14

• Being below the age of criminal responsibility;
• Insanity;
• Coercion and threat;
• Mistake;
• Justifiable defense;
• Means of last resort;
• Statutory authorization;
• Other grounds defined by law