Perspectives of Law and Public Administration (Dec 2022)
Assessing the Means of Evidence by Forensic Reports in Criminal Cases of Business
Abstract
The new era of forensic investigation of criminal cases means currently a challenge for the judicial bodies in their duties of finding truth during the criminal proceedings. In achieving this purpose, the role of forensic evidence is as bigger as the forensic reports provide the judges and prosecutors with pertinent, conclusive and genuine data the criminal decisions shall be based on. The current research focuses on assessing the means of evidence by forensic expertise reports in the criminal cases of business, which present a high interest both for the area of forensic science and the decisionmaking process in criminal cases. In this respect, it has been identified three particular criminal cases related to the field of business. They refer to the cases of economic offenses, business-related corruption, and organized crime. The work uses a qualitative research methodology with elements of case-law references in the field of business. The results obtained during the conceptual study have stated that the forensic reports submitted by the forensic experts contribute to solving the criminal cases related to the field of business and making solutions as long as they are corroborated with the other means of evidence administrated in the criminal proceedings. The research conducted has been directed to the idea that, as a general rule, the forensic reports do not have a pre-established judicial value, although they provide scientific evidence, which are also very difficult to be reversed. Considering all these aspects, the conclusions state that assessing forensic reports in criminal cases of business is a complex activity which the judges should pursue in order to pronounce legal and evidence-based decisions.
