Forensics MT 1 Flashcards
Level/Structure/Courts of Law
Structure:
- 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
Responsibilities of the Court
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
Impartiality of Courts
§ 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
Structure of Public Prosecutor’s Office
Structure: § Municipal prosecutor's office § County prosecutor's office § Appellate prosecutor's office § Chief prosecutor's office § Jurisdiction and competence = courts
Responsability of Public Prosecutor’s Office
§ 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
Participants in a civil suit
§ Court (judge/s) § (Public prosecutor) § Plaintiff: voluntary role § Defendant: forced role § Intercessor: legal interest, voluntary (e.g insurance company) or accepted role § Representative
Evidences of a civil suit
§ Witness testimony § Forensic expert opinion(s) § Physical evidences § Documents § Inspection § Judgement § Appeal § Final judgement § Extraordinary remedies (review, retrial) § Enforcement
Means of Evidences
§ 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
Who may not be heard as witnesses in a civil suit
§ Any person who cannot be expected to provide a correct testimony due to some
physical or mental disability, may not be summoned to testify
§ The witness, unless exempted from the obligation of confidentiality, shall not be
questioned in respect of any subject that is treated as classified information
§ The obligation of confidentiality shall remain in force after the termination of
underlying relationship
Who may refuse to testimony/testify as a witness in a civil suit
§ Close relative of the parties
§ Any person who would incriminate himself or his close relative referred to in in the
commission of crime
§ Confidentiality stemming from their profession
Participants in a criminal procedure
§ 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
Evidences in a criminal procedure
§ Physical evidence § Experts opinion § Witness testimony § Documents § Inspection
Who may not be heard as witness in case of a criminal procedure
§ Clergymen and churchmen on issues subject to the obligation of professional secrecy,
§ The counsels for the defense on issues which have come to their cognizance or which
they have communicated to the defendant in their capacity as a counsel for the
defense
§ Who apparently cannot be expected to give correct testimony due to their physical or
mental condition
Who may refuse to witness in a criminal procedure
§ 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
Common mistakes when giving forensic expert opinion
§ 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)
Breach of contract/kind of breach
Any act or behavior of the obligor (seller) or obligee (buyer) that prevents or encumbers the
realization of the aim of contract or leads to any defect of the performance
§ Obligor’s delay
§ Obligee’s delay (late acceptance)
§ Impossibility of performance
§ Withholding performance (refuse to perform)
§ Defective performance (lack of conformity)
Definition of defective performance
The goods (e.g. animal) or service does not comply with the legal characteristics or with the characteristics stipulated in the contract and the defect existed at the time of delivery
What does the buyer have to prove in case of defective performance
- The goods or service does not comply with the legal characteristics or with the
characteristics stipulated in the contract - Defect existed at the time of delivery
- Proper use
