THE USE OF PRIVATE EXPERTISE IN THE CRIMINAL PROCEEDINGS

Abstract

The aim of this article is to present the issues of using private expertise in criminal proceedings, with particular emphasis on its value as an evidence. It contains an analysis of the case law and literature. The author presents the definitions of private proof and then private expertise. The main problem is to determine a procedural nature of such an expertise. It could be perceived as an information of a proof, an private document or a procedural position of an accused or his defender. According to the author the most reasonable is the last one. This article also contains the list of opportunities and threats of using private expertise in criminal proceedings.