The Importance Of Expertise As An Evidence And Its Triangulation With Other Evidences

By, MSc. Helena Fetahu

Abstract

The right to initiate court action and conduct legal proceedings aims to resolve a dispute and put the parties on equal terms in regards to proving their claims. If we refer to the phrase “due legal process”, provided by Article 6 of the ECHR, it is the prosecuting body that has the responsibility to prove different facts or versions in support of the injured party or the suspected perpetrator of a criminal offense, and the prosecuting body shall also prove, in each case, the sustainability of the versions raised during the investigation or not. One of the evidences obtained during the investigation or trial is the expertise, which holds a special role and importance in the process. It is an indicator of the full investment of the judiciary body to conduct a fair and impartial adjudication in the context when the trial panel or the prosecuting body can not take a stand based only on their professional background or internal conviction, and therefore, they summon subjects with special knowledge in a certain field, to clarify such circumstances of special nature.

How to cite: Fetahu, H. (2020). The importance of expertise as an evidence and its triangulation with other evidences. Jus & Justicia, 14(2), 63–72.

https://doi.org/10.58944/sdle7665