عنوان انگلیسی مقاله:
In search of a free movement of forensic evidence: Towards minimum standards to determine evidence admissibility?
ترجمه فارسی عنوان مقاله:
در جستجوی حرکت آزاد شواهد پزشکی قانونی: به سمت حداقل استانداردها برای تعیین میزان قابل قبول بودن شواهد؟
Sciencedirect - Elsevier - Journal of Forensic and Legal Medicine, 74 (2020) 102021. doi:10.1016/j.jflm.2020.102021
In coming to a European Forensic Evidence Area, an European Union ambition to be reached by 2020, judicial
cooperation in criminal matters should be levelled-up. Grounded on the legal basis provided by the Lisbon
Treaty, this research identifies the minimum standards to be developed by looking into the actions taken both
from a legal and from a forensic-scientific perspective to standardise the collection, storage and use of forensic
expert evidence. In examining the feasibility of such standards, primary sources of legislation, policy documents
and case-law on a European level are compared with a comparative study of domestic norms in six jurisdictions.
Depending on the phase in the chain of custody and fundamental principle involved, but also on the level of
cooperation between the forensic and legal actors, it was noticeable that the comparison led to different conclusions,
depending on the refusal grounds provided by the member states and the necessity of intervention at
the European level to safeguard the underlying fundamental values.
Keywords: Evidence admissibility | Judicial cooperation in criminal matters | Forensic evidence