STOP, You’re on Camera: The Evidentiary Admissibility and Probative Value of Digital Records in Europe

"This paper is focused on establishing the legal regime of privileged wills. First of all, we will analyse the probative value of this type of will and we shall demonstrate that it is justified to assign it the probative value specific to authentic deeds. Second of all, given that we are in the presence of an authentic deed, we shall extract all the specific requirements in regard to the simplified authentication procedure starting from the provisions of the Romanian Civil Code. These should be complemented by the general regulations in the field of authentic deeds as regulated by the Romanian Code of Civil Procedure, as well as with those compatible provisions regarding the authentication procedure applied by the public notary when authenticating wills. Subsequently, we will focus on the constrains regarding the incompatibility of the agent which manages the procedure and the requirements that must be met by the witnesses involved in the proceedings. Finally, we will undertake an analysis on the substantive conditions that privileged wills must meet and we will present the reasons why we agree with the opinion that supports the ability of the disposer to create a privileged will even if he could draw up a holographic will. Given the opportunity, we will also specify for how long the effects of a privileged will last in so far author could have also draw up a holographic will. Thus, we will demonstrate that the limited term whose fulfilment attracts expiration of the privileged will shall not start unless two cumulative conditions are met: the deceased is able to draw up a holographic will and the circumstance which allow him to draw up a privileged will have ceased to exist. On the contrary, it will be proven that the one who can address a public notary in order to create a will shall not be allowed to also create a valid privileged will."

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USE OF INFORMATION AND REFERENCE COLLECTIONS FOR TRACE EVIDENCE EXAMINATIONS

Theory and Practice of Forensic Science and Criminalistics ◽

10.32353/khrife.2018.35 ◽

2018 ◽

Vol 18 ◽

pp. 309-316

Author(s):

V.V. Kozhevnikov

Keyword(s):

Group Affiliation ◽

Trace Evidence ◽

Forming Mechanism ◽

Probative Value ◽

Natural Objects ◽

Quantitative Properties

In most cases while performing trace evidence examinations the research volume depends questions asked an expert. Issues are identifying (sameness determination, group affiliation) and non-identifying (establishing a trace-forming mechanism). Although identifying researches are more important while truth establishing and have some probative value in criminal and other processes, the research of non-identifying nature is also important. However, thanks to them an expert establishes the kind of trace-forming object on general features reflected in traces. Use of information and reference collections is a significant help while performing examinations of a non-identifying nature. Using natural objects from collections allows to establish qualitative or quantitative properties of real evidence, to attribute them to certain groups (kind) of objects. This is accomplished by comparing the research object with samples from collections, which results in coincidence or differences in their generic characteristics. Evaluation of these coincidences or differences allows determining that studied object belongs to (or does not belong) a group (kind, class) of the relevant objects in the collection or that it arose as a result of a certain trace-forming mechanism. For example if for an expert it is necessary to find out the trace-forming mechanism of dynamic traces, having the collection natural objects; it is possible to perform a number of expert experiments and according to these results to reach a certain conclusion. Thus, the use of information and reference collections while performing trace evidence examinations in procedural form (while performing examinations) is a simple and accessible support means for correct and scientifically substantiated answering to questions asked an expert. Effectiveness of using such collections depends on objects number or volume of information contained in, their systematization and classification, as well as expert ability to apply objects of these collections at one or another stage of expert research.

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Entities in Polish law issuing opinions using special knowledge

Issues of Forensic Science ◽

10.34836/pk.2015.290.1 ◽

2015 ◽

Vol 290 ◽

pp. 65-74

Author(s):

Karol Pachnik ◽

Keyword(s):

Probative Value ◽

Special Knowledge ◽

Specialized Institutions ◽

Polish Law

Allowed under Polish law is the opportunity to consult experts and other persons or specialized institutions having special knowledge, as well as provides the possibility of outsourcing certain tasks to specialists. These are the different procedural institutions, with different competence and required skills as well as various privileges. The correct characterization of the role of these entities and requirements, which they pursue, allows the assessment of the probative value of opinions or activities involving them. The work discusses the requirements to be fulfilled by bodies issuing opinions and acting as specialists. The criteria for evaluating the effects of the work of these entities is also indicated.

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