A legality of peer review of forensic experts report in a judicial process

Abstract

The purpose of the article is to substantiate scientifically the theoretical basics of the legal regulation of a peer reviewing institution of forensic expert report and a legality of giving peer review for forensic opinion as part of the court case consideration. Methodology. A validity of obtained results and conclusions had been ensured by totality of methods at general scientific and specific scientific levels. In particular, in terms of materialistic dialectic a legal nature of forensic expert report as procedural source of evidence had been considered. A legal status of a peer reviewing in forensic expert activities had been determined by using of formal logic methods (analysis, synthesis, analogy, induction and deduction). The perception fallacy of parties to proceedings in procedure of expert reports peer reviewing had been witnessed on practical examples by usage of comparative legal method and analogy. Scientific novelty. The peer reviewing procedure definition in the context of forensic expert activities performance has been first introduced. Exceptional circumstances during performing of peer review of forensic expert report had been outlined and an inadmissibility of appealing practice for forensic experts report by ordering its peer review had been substantiated. Conclusions. Complex analysis of judicial practice, domestic legislation and general documents regulating the procedure of peer reviewing of forensic expert reports had been implemented during the issue considering. It had been established that the aim of peer reviewing of forensic expert report was to improve its professional excellence, quality and substantiation but not to confirm or deny it; and the peer review could not be used as a source of evidence in any type of proceedings. An inadmissibility of peer reviewing procedure performance for forensic experts report during pre-trial investigation and judicial process had been argued. It had been established that the peer review of forensic experts report should be considered by the court as inadequate and inadmissible evidence and should not be taken into account. Lawful ways for denying of investigation results presented in the forensic experts report had been outlined.