Recht deel 2

Question 1

What are the 2 keywords of Criminal law?

Answer 1

What and who

Question 2

What is a criminal act in itself?

Answer 2

Sanctioning without legal ground

Question 3

What are the 2 keywords of Administrative law?

Answer 3

what and why

Question 4

What does the judge do in Administrative law?

Answer 4

Judge checks if the right decision was made

Question 5

What are the 2 keywords of Civil law?

Answer 5

What and which regulations apply

Question 6

What does the judge do in Civil law?

Answer 6

Judge explains and applies the law

Question 7

Which two phases does criminal law have?

Answer 7

investigation and prosecution

Question 8

What questions does the investigation want to answer? 2

Answer 8

1.has a criminal act taken place?
2.who has committed this criminal act?

Question 9

What questions does the Prosecution want to answer? 4

Answer 9

1.can the charged act be proved?
2.is the proven act a criminal offense?
3.is the perpetrator punishable?
4.what punishment should be imposed?

Question 10

By which investigative officers is investigation done?

Answer 10

1. police officers
2. investigative officers from government agencies other than police

Question 11

By who is prosecution done?

Answer 11

members of the judiciary, on initiative by a public prosecutor.

Question 12

What investigative tools can be used with permission by an impartial judge? 5

Answer 12

-intrusive observation
-infiltration
-access locations
-access to documents
-investigate communication

Question 13

What legal evidence is accepted in criminal law?

Answer 13

-personal observation by judge
-suspect testimony
-witness testimony
-expert testimony
-written documents (police reports)

Facts that are acknowledged and generally known

Question 14

When can forensic evidence be used as evidence?

Answer 14

1.When it is in a written report.
2.The forensic evidence has to be obtained and investigated by a forensic expert.

Question 15

What decides if experts are recognized?

Answer 15

wet deskundige in strafzaken

Question 16

What are 4 conditions for an expert to be used in criminal law?

Answer 16

1.An expert needs to be appointed
2.An appointed expert is obligated to perform the investigation himself
3.An expert needs to substantiate his report. (motivate)
4.The expert is obligated to answer any questions that rise about the investigation or report.

Question 17

How can Forensic evidence uphold the most integrity and reliability?

Answer 17

-validity of the investigation performed (CoE and Coc)
-judicial validity (methods used)
-expertise of the appointed expert

Question 18

What gets investigated in civil law?

Answer 18

-Disputes between civilians and corporate entities or amongst civilians or corporate entities themselves
-mostly about damages and liability

Question 19

What is a plaintiff?

Answer 19

plaintiff = has a claim on the defendant
often the defendant also has a claim against the plaintiff.

Question 20

What are the General principles in civil law? (3)

Answer 20

passive judge
equality
impartiality

Question 21

When can forensic expertise in civil law be used?

Answer 21

initiative by one of the parties or
by order of the judge at the request of either party

Question 22

What is evidence in civil law?

Answer 22

-personal observation by the judge
-witness testimony
-expert reports
-written documents

Question 23

What are conditions for a forensic expertise in civil law? 5

Answer 23

-the expert has to communicate with both parties
-expert needs to be and remain impartial
-perform to the best of his ability
-personally perform the investigation
-needs to provide a written report