Compulsory expertise

Abstract

Expertise as a type of proof is presented in the second chapter, session 6 of the Albanian Criminal Procedure Code 1). Observing how the defi nition of this type of proof is treated by the Codes of Criminal Procedure of many foreign countries, it can be concluded that the approach is similar across the board. On the other hand, the compulsory expertise is not presented as a separate provision in the Albanian Criminal Procedure Code, while it is in other Criminal Procedure Codes of other countries. This has happened due to the needs dictated from the practice of institutions of criminal procedure. The analysis of the compulsory expertise has been performed with the lance of historical development of the Albanian legislation as well as foreign countries legislations. The analysis includes both local and foreign legal refl ections. The decision of performing an expertise is in all cases dependent on the specifi c circumstances, observed for the case and their proof. This means that the expertise is not dependant on a subjective approach of proving the circumstances, but from the objective features of the case. As we emphasized when the investigation or the judicial review of the case makes a request to nd the facts or clarify them with specifi c knowledge on specifi c knowledge fi elds, based on the development phases of the criminal lawsuit, the judicial police offi cer and the prosecutor should make the decision on the expertise during the prosecution, or this could be done also by the court during the trial.