SUBJECTIVITY AND PREVENTION IN THE JUDICIAL EXPERTISE

In order to improve the impartiality and objectivity of judicial expertise, the key problems about traffic accident speed identification are analyzed and the speed of vehicle is calculated by using the braking performance test report with reference to the national standard and automobile theory. The automobile dynamics of driver braking process is analyzed, all kinds of key problems such as the braking distance, braking coordination time, braking speed, longitudinal sliding coefficient of adhesion are combined with the braking performance test report, and the method of determining the longitudinal sliding coefficient of adhesion is proposed, the instantaneous velocity before the collision is calculated. Finally, the method is used to calculate the speed of an actual case, and simulated in the software of PC-Crash, the results are consistent, verifying that the speed identification method is correct.

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13 Enforcement

Competition Law in Developing Countries ◽

10.1093/law-ocl/9780198862697.003.0014 ◽

2020 ◽

Author(s):

Cheng Thomas K

Keyword(s):

Developing Countries ◽

Law Enforcement ◽

General Public ◽

Institutional Design ◽

Competition Law ◽

Financial Resources ◽

Competition Law Enforcement ◽

The Government ◽

Judicial Expertise ◽

Policy Failures

This chapter explores the myriad difficulties and obstacles for competition law enforcement in developing countries and suggests possible solutions to some of these difficulties. Competition culture is generally lacking in developing countries. In addition, developing country authorities often face a particularly challenging enforcement environment due to past policy failures by the government, especially in the context of privatization. Another major external impediment to effective competition law enforcement is the lack of political will on the part of the government to enforce the law. The chapter also looks at the lack of authority independence, financial resources, enforcement powers, availability of data, and judicial expertise. Institutional design can have a bearing on setting of enforcement priorities. Poor institutional design may take flexibility away from the authority and make it impossible for the authority to set enforcement priorities. Apart from enforcement, however, another very important part of an authority’s work is advocacy. It is through advocacy with the general public that the authority can hope to build a competition culture. Meanwhile, it is through advocacy with the government that the authority can ensure government policies do not create intractable competition problems that are beyond the capability of the authority to solve. The chapter then considers the benefits and limitations of a regional approach to competition law enforcement. Enforcement and procedure

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SUBJECT OF JUDICIAL EXPERTISE IN THE INVESTIGATION OF OFFICIAL CRIMES

Issues of Law ◽

10.14529/pro-prava200219 ◽

2020 ◽

Vol 20 (2) ◽

pp. 118-122

Author(s):

A. V. Matyushkina ◽

◽

L. F. Ayzyatova ◽

Keyword(s):

Expert Knowledge ◽

Forensic Research ◽

Correct Determination ◽

The Subject ◽

Forensic Expert ◽

Forensic Investigations ◽

Judicial Expertise

The article raises the problem of the correct determination of the subject of forensic research in the investigation of official crimes and its differentiation between related branches of expert knowledge, the authors note a significant number of forensic errors that arise in preparation for the production of forensic examinations: the formulation of incorrect questions to a forensic expert. The solution of the problem associated with incorrect posing of questions to a forensic expert is given. A pattern is revealed between the method of committing a crime and the determination of the subject of forensic investigations in the investigation of official crimes

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EXPERIENCE OF LINGUOPSYCHOLOGICAL APPROACH IN PRACTICE JUDICIAL EXPERTISE

Психология безопасности и психологическая безопасность: проблемы взаимодействия теоретиков и практиков в экспертно-психологических исследованиях ◽

10.18411/sb-2018-13 ◽

2018 ◽

Author(s):

S. A. Sukhikh

Keyword(s):

Judicial Expertise

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Disposal of the person’s hospitalization in the medical insitution for conducting forensic examinations in the criminal procceedings

National Law Journal ◽

10.52388/1811-0770.2021.2(244).01 ◽

2021 ◽

pp. 10-17

Author(s):

Dinu Ostavciuc ◽

◽

Tudor Osoianu ◽

Keyword(s):

Human Rights ◽

European Convention ◽

Medical Institution ◽

Individual Freedom ◽

The Right To Privacy ◽

European Court ◽

The Republic ◽

The Right ◽

Judicial Expertise ◽

Fundamental Values

Individual freedom is one of the fundamental values protected by the European Convention on Human Rights, due to its importance, requiring a rigorous review by the European Court of Human Rights of any measure that could infringe this value. At the same time, this fundamental right is protected by the Constitution of the Republic of Moldova and the Code of Criminal Procedure, due to which individual freedom is inviolable, and its coercion is allowed only in cases and with the procedure strictly regulated by law. The hospitalization of the person in the medical institution is a form of de privation of liberty and, respectively, it is going to take place only on the basis of a court authorization. At the same time, the person’s hospitalization can affect the right to privacy. It is therefore strictly necessary that the whole procedure be followed imperatively and without exception. The disposition of the forced internment of the person in a medical institution for the performance of judicial expertise in the criminal process is within the competence of the investigating judge. Therefore, this article is dedicated to the procedure regarding the hospitalization of the person in the medical institution, on the basis of grounds and reasons on which the hospitalization can take place, the attribution of the criminal investigation body and the prosecutor in cases when there is a need to hospitalize the person.

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