Shaping the Status of the Expert in Romania 
as an Effect of ECHR Decisions Cover Image

Modelarea statutului expertului în România ca efect al hotărârilor CEDO
Shaping the Status of the Expert in Romania as an Effect of ECHR Decisions

Author(s): Ancuța-Elena Franț
Subject(s): Criminal Law, EU-Legislation, Court case
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: expertise; ECHR; expert; right to a fair trial;

Summary/Abstract: This article analyses the ECHR decisions that outlined the status of the expert in the ECHR's vision, as well as the effects of these decisions in adopting the legislative provisions that apply to the expert in Romania. Both the concordant aspects and the divergences that exist between the status of an expert in Romania and the image of the expert pointed out in the ECHR decisions are highlighted. The article examines the risk of violating the right to a fair trial if the accused person does not enjoy the same rights as the prosecution in terms of conducting an expertise. The paper also examines the criteria that must be met in order for an expert to be considered independent. Furthermore, it examines the principles on the basis of which certain rules should be laid down for the expert, so as to guarantee the quality of the expertise carried out.

  • Issue Year: LXVI/2020
  • Issue No: 2
  • Page Range: 155-164
  • Page Count: 10
  • Language: Romanian