B_ZD Expert evidence

University of Finance and Administration
Summer 2025
Extent and Intensity
2/1/0. 6 credit(s). Type of Completion: zk (examination).
Guaranteed by
doc. JUDr. Jan Chmelík, Ph.D.
Department of Criminology and Forensic Sciences – Departments – University of Finance and Administration
Contact Person: Mgr. et Mgr. Kateřina Franců
Prerequisites
Passing and mastering the basics of substantive and procedural criminal law.
Course Enrolment Limitations
The course is offered to students of any study field.
Course objectives
Expert activity is a very important means of evidence in criminal proceedings, which brings decisive evidence for criminal proceedings. By studying this course, students will gain knowledge about the conditions for the performance of expert activities, the ways of their involvement in the process of proving, the forms of expert activities and the importance of criminal proceedings. They will gain the necessary knowledge for the practice of the method and extent of recruitment of experts, they will be able to ask questions to experts according to individual types of crime. The basic precondition for expert activity in criminal proceedings is the ability of the body active in criminal proceedings to understand the structure and structure of the expert opinion, to recognize the specifics of expert opinion and expert opinion. They will gain basic knowledge about the evaluation of expert opinions and expert opinions, the degree of credibility and probability of conclusions of expert activities and its use by law enforcement agencies and especially the courts in the process of proving crime. They will gain knowledge about the legal regulation of expert activity and the remuneration of experts, as well as they will be familiar with the criminal law of expert activity in practice.
Learning outcomes
Expertise The student should be able to define the basic components of expert activity, distinguish their peculiarities and mutual relationship. It should be oriented in the basic characteristics of the types of expert activity, issues of appointment of experts, performance of their activities, conditions for expert opinion, in matters of expert responsibility, legal regulation of expert activities and last but not least in the system of remuneration of experts. professional skills -student should be able to assess the peculiarities of expert opinion, expert opinion, the requisites of expert opinion and the conditions of its elaboration, use the professional conceptual apparatus of expertise, criminal law, criminology and with its help analyze selected phenomena -analyze the court decision with regard to the decisive arguments used in it General competences -use professional terms of theory of law and expertise -orient to the issues of subjects of expertise and application of expert activities -to search for relevant information necessary for the solution of simple criminalistic-legal problems in connection with expert activity
Syllabus
  • Definition of expertise and attributes of expert activity Expert activity, Expert, Expert, Consultant 2.History A brief history of expert activities. 3. Expert fields and their characteristics 4. Legal regulation of expert activities 5. Theory of expert activity System concept of expert research, Probability in expert research, examination, Expert as a witness, Expert opinion. 6. Expert responsibility, types of responsibility 7. Expert - Appointment of an expert Expert, expert institute Rights and obligations of the expert, Responsibility and punishment of the expert 8. Initial expert acts, the role of the expert in securing evidence. 9. Performance of expert activities Local competence, Material competence, Assessment of legal issues by an expert, Expert activity of institutes. 10. Expert opinion and expert opinion recruitment of an expert in criminal proceedings characteristics of expert opinion, characteristics of professional expression, Requirements of expert opinion, Expert's discretion, Variant assessment and probable conclusion Examination of an expert - defense of an opinion 11. Control of expert activity, evaluation of expert opinion Criteria for evaluating an expert opinion, 12. REMUNERATION OF EXPERT ACTIVITIES - methods of remuneration, contractual remuneration compensation for expert work for state authorities
Literature
    required literature
  • Chmelík Jan.: Teoretické základy místa činu a znalecké činnosti a uplatnění v praxi
  • CHMELÍK, Jan and Eduard BRUNA. Dokazování v trestním řízení : trestněprávní a kriminalistické aspekty. První vydání. Praha: Vysoká škola finanční a správní, 2018, 225 pp. Eupress. ISBN 978-80-7408-175-0. info
    recommended literature
  • CHMELÍK, Jan and Eduard BRUNA. Dokazování v trestním řízení. Trestněprávní a kriminalistické aspekty (Proof in criminal proceedings. Criminal and Criminalistic Aspects). 1st ed. Praha: Eupress VŠFS, 2018, 228 pp. ISBN 978-80-7408-175-0. info
  • PORADA, Viktor, Jan CHMELÍK, Stanislav NEČAS, Vladimír SMEJKAL, Jiří STRAUS and Petr ŠEDIVÝ. Kriminalistika. Technické, forenzní a kybernetické aspekty (Criminalistics, Technical, Forensic and Cyber aspects). Plzeň: Vydavatelství a nakladatelství Aleš Čeněk, s.r.o., 2016, 1018 pp. ISBN 978-80-7380-589-0. info
Teaching methods
Lectures and seminars in full-time study; tutorials in part-time study; compulsory seminar participation is 75% in full-time study, compulsory tutorial participation is 50% in part-time study.
Assessment methods
The course ends with a credit and an oral exam. The criterion for granting the credit is active participation in lectures and especially exercises (seminars) with a minimum attendance of 60%
Language of instruction
Czech
Further comments (probably available only in Czech)
The course can also be completed outside the examination period.
Information on the extent and intensity of the course: 12 hodin KS/semestr.
The course is also listed under the following terms Summer 2020, Summer 2021, Summer 2022, Summer 2023, Summer 2024.
  • Enrolment Statistics (recent)
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